,,ii  #aagth ,,congress  #ast ,session  
,s4 #baci  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ba1     
#bjba ,mr4 ,whitehouse 7for himself1    
,mr4 ,graham1 ,mr4 ,tillis1 and ,mr4    
,blumenthal7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend title #ah1 ,united    
,states ,code1 to prevent international 
cybercrime1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,international ,cybercrime         
,prevention ,act4  #b4 ,predicate       
offenses ,part ,i of title #ah1 ,united 
,states ,code1 is amended--  7#a7 in    
section #aief7;c77#g77;,d7-- 7,a7 by    
striking or section #bcci;,d and        
inserting section #bcci;,d2 and  7,b7 by
 striking of this title1 section #dfejb 
and inserting 1 or section #beab        
7relating to the manufacture1           
distribution1 possession1 and           
advertising of wire1 oral1 or electronic
 communication intercepting devices7 of 

this title1 section #dfejb2 and  7#b7 in
 section #aifa7a71 by inserting section 
#ajcj 7relating to fraud and related    
activity in connection with computers7  
if the act indictable under section     
#ajcj is felonious1 before section      
#ajhd4  #c4 ,forfeiture  7a7 ,in general
 ,section #beac of title #ah1 ,united   
,states ,code1 is amended to read as    
follows3  #beac4 ,confiscation of wire1 
oral1 or electronic communication       
intercepting devices and other property 
7a7 ,criminal forfeiture  7#a7 ,in      
general ,the court1 in imposing a       
sentence on any person convicted of a   
violation of section #beaa or #beab1 or 
convicted of conspiracy to violate      
section #beaa or #beab1 shall order1 in 
addition to any other sentence imposed  
and irrespective of any provision of    
,state law1 that such person forfeit to 
the ,united ,states--  7,a7 such        
person's interest in any property1 real 
or personal1 that was used or intended  
to be used to commit or to facilitate   

the commission of such violation2 and   
7,b7 any property1 real or personal1    
constituting or derived from any gross  
proceeds1 or any property traceable to  
such property1 that such person obtained
 or retained directly or indirectly as a
 result of such violation4  7#b7        
,forfeiture procedures ,pursuant to     
section #bdfa7;c7 of title #bh1 the     
provisions of section #dac of the       
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hec71 other than subsection  
7d7 thereof1 shall apply to criminal    
forfeitures under this subsection4  7b7 
,civil forfeiture  7#a7 ,in general ,the
 following shall be subject to          
forfeiture to the ,united ,states in    
accordance with provisions of chapter   
#df1 and no property right shall exist  
in them3  7,a7 ,any property1 real or   
personal1 used or intended to be used1  
in any manner1 to commit1 or facilitate 
the commission of a violation of section
 #beaa or #beab1 or a conspiracy to     
violate section #beaa or #beab4  7,b7   

,any property1 real or personal1        
constituting1 or traceable to the gross 
proceeds taken1 obtained1 or retained in
 connection with or as a result of a    
violation of section #beaa or #beab1 or 
a conspiracy to violate section #beaa or
 #beab4  7#b7 ,forfeiture procedures    
,seizures and forfeitures under this    
subsection shall be governed by the     
provisions of chapter #df1 relating to  
civil forfeitures1 except that such     
duties as are imposed on the ,secretary 
of the ,treasury under the customs laws 
described in section #iha7;d7 shall be  
performed by such officers1 agents1 and 
other persons as may be designated for  
that purpose by the ,secretary of       
,homeland ,security or the ,attorney    
,general4  4  7b7 ,technical and        
conforming amendment ,the table of      
sections for chapter #aai is amended by 
striking the item relating to section   
#beac and inserting the following3      
#beac4 ,confiscation of wire1 oral1 or  
electronic communication intercepting   

devices and other property44  #d4       
,shutting down botnets  7a7 ,amendment  
,section #acde of title #ah1 ,united    
,states ,code1 is amended-- 7#a7 in the 
heading1 by inserting and abuse after   
fraud2  7#b7 in subsection 7a7-- 7,a7 in
 paragraph 7#a7--  7i7 in subparagraph  
7,b71 by striking or at the end2  7ii7  
in subparagraph 7,c71 by inserting or   
after the semicolon2 and  7iii7 by      
inserting after subparagraph 7,c7 the   
following3  7,d7 violating or about to  
violate section #ajcj7;a77#e7 of this   
title where such conduct has caused or  
would cause damage 7as defined in       
section #ajcj7 without authorization to 
#ajj or more protected computers 7as    
defined in section #ajcj7 during any    
#a-year period1 including by--  7i7     
impairing the availability or integrity 
of the protected computers without      
authorization2 or  7ii7 installing or   
maintaining control over malicious      
software on the protected computers     
that1 without authorization1 has caused 

or would cause damage to the protected  
computers2  2 and  7,b7 in paragraph    
7#b71 in the matter preceding           
subparagraph 7,a71 by inserting 1 a     
violation described in subsection       
7a77#a77;,d71 before or a ,federal2 and 
7#c7 by adding at the end the following3
  7c7 ,a restraining order1 prohibition1
 or other action described in subsection
 7b71 if issued in circumstances        
described in subsection 7a77#a77;,d71   
may1 upon application of the ,attorney  
,general-- 7#a7 specify that no cause of
 action shall lie in any court against a
 person for complying with the          
restraining order1 prohibition1 or other
 action2 and  7#b7 provide that the     
,united ,states shall pay to such person
 a fee for reimbursement for such costs 
as are reasonably necessary and which   
have been directly incurred in complying
 with the restraining order1            
prohibition1 or other action4  4  7b7   
,technical and conforming amendment ,the
 table of sections for chapter #fc of   

title #ah1 ,united ,states ,code1 is    
amended by striking the item relating to
 section #acde and inserting the        
following3  #acde4 ,injunctions against 
fraud and abuse4  4  #e4 ,aggravated    
damage to a critical infrastructure     
computer  7a7 ,in general ,chapter #dg  
of title #ah1 ,united ,states ,code1 is 
amended by inserting after section #ajcj
 the following3  #ajcj;,a4 ,aggravated  
damage to a critical infrastructure     
computer  7a7 ,offense ,it shall be     
unlawful1 during and in relation to a   
felony violation of section #ajcj1 to   
knowingly cause or attempt to cause     
damage to a critical infrastructure     
computer1 if such damage results in 7or1
 in the case of an attempted offense1   
would1 if completed1 have resulted in7  
the substantial impairment--  7#a7 of   
the operation of the critical           
infrastructure computer2 or  7#b7 of the
 critical infrastructure associated with
 such computer4  7b7 ,penalty ,any      
person who violates subsection 7a7      

shall1 in addition to the term of       
punishment provided for the felony      
violation of section #ajcj1 be fined    
under this title1 imprisoned for not    
more than #bj years1 or both4  7c7      
,consecutive sentence ,notwithstanding  
any other provision of law--  7#a7 a    
court shall not place any person        
convicted of a violation of this section
 on probation2  7#b7 except as provided 
in paragraph 7#d71 no term of           
imprisonment imposed on a person under  
this section shall run concurrently with
 any term of imprisonment imposed on the
 person under any other provision of    
law1 including any term of imprisonment 
imposed for the felony violation of     
section #ajcj2  7#c7 in determining any 
term of imprisonment to be imposed for  
the felony violation of section #ajcj1 a
 court shall not in any way reduce the  
term to be imposed for such violation to
 compensate for1 or otherwise take into 
account1 any separate term of           
imprisonment imposed or to be imposed   

for a violation of this section2 and    
7#d7 a term of imprisonment imposed on a
 person for a violation of this section 
may1 in the discretion of the court1 run
 concurrently1 in whole or in part1 only
 with another term of imprisonment that 
is imposed by the court at the same time
 on that person for an additional       
violation of this section1 if such      
discretion shall be exercised in        
accordance with any applicable          
guidelines and policy statements issued 
by the ,united ,states ,sentencing      
,commission pursuant to section #iid of 
title #bh4  7d7 ,definitions ,in this   
section-- 7#a7 the terms computer and   
damage have the meanings given the terms
 in section #ajcj2 and  7#b7 the term   
critical infrastructure means systems   
and assets1 whether physical or virtual1
 so vital to the ,united ,states that   
the incapacity or destruction of such   
systems and assets would have           
catastrophic regional or national       
effects on public health or safety1     

economic security1 or national security1
 including voter registration databases1
 voting machines1 and other             
communications systems that manage the  
election process or report and display  
results on behalf of ,state and local   
governments4  4  7b7 ,table of sections 
,the table of sections for chapter #dg  
of title #ah1 ,united ,states ,code1 is 
amended by inserting after the item     
relating to section #ajcj the following3
  #ajcj;,a4 ,aggravated damage to a     
critical infrastructure computer4  4    
#f4 ,stopping trafficking in botnets2   
forfeiture ,section #ajcj of title #ah1 
,united ,states ,code1 is amended-- 7#a7
 in subsection 7a7--  7,a7 in paragraph 
7#g71 by adding or at the end2 and  7,b7
 by inserting after paragraph 7#g7 the  
following3  7#h7 intentionally traffics 
in the means of access to a protected   
computer1 if-- 7,a7 the trafficker knows
 or has reason to know the protected    
computer has been damaged in a manner   
prohibited by this section2 and  7,b7   

the promise or agreement to pay for the 
means of access is made by1 or on behalf
 of1 a person the trafficker knows or   
has reason to know intends to use the   
means of access to-- 7i7 damage a       
protected computer in a manner          
prohibited by this section2 or  7ii7    
violate section #ajcg or #acdc2  2  7#b7
 in subsection 7c77#c7--  7,a7 in       
subparagraph 7,a71 by striking 7a77#d7  
or 7a77#g7 and inserting 7a77#d71       
7a77#g71 or 7a77#h72 and  7,b7 in       
subparagraph 7,b71 by striking 7a77#d71 
or 7a77#g7 and inserting 7a77#d71       
7a77#g71 or 7a77#h72  7#c7 in subsection
 7e7-- 7,a7 in paragraph 7#ac71 by      
striking and at the end2  7,b7 in       
paragraph 7#ad71 by striking the period 
at the end and inserting 2 and2 and     
7,c7 by adding at the end the following3
  7#ae7 the term traffic1 except as     
provided in subsection 7a77#f71 means   
transfer1 or otherwise dispose of1 to   
another as consideration for the receipt
 of1 or as consideration for a promise  

or agreement to pay1 anything of        
pecuniary value4  2  7#d7 in subsection 
7g71 in the first sentence1 by inserting
 1 except for a violation of subsection 
7a77#h71 after of this section2 and     
7#e7 by striking subsections 7i7 and 7j7
 and inserting the following3  7i7      
,criminal forfeiture  7#a7 ,in general  
,the court1 in imposing sentence on any 
person convicted of a violation of this 
section1 or convicted of conspiracy to  
violate this section1 shall order1 in   
addition to any other sentence imposed  
and irrespective of any provision of    
,state law1 that such person forfeit to 
the ,united ,states--  7,a7 such        
person's interest in any property1 real 
or personal1 that was used or intended  
to be used to commit or to facilitate   
the commission of such violation2 and   
7,b7 any property1 real or personal1    
constituting or derived from any gross  
proceeds1 or any property traceable to  
such property1 that such person         
obtained1 directly or indirectly1 as a  

result of such violation4  7#b7         
,applicable provisions ,the criminal    
forfeiture of property under this       
subsection1 including any seizure and   
disposition of the property1 and any    
related judicial or administrative      
proceeding1 shall be governed by the    
provisions of section #dac of the       
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hec71 except subsection 7d7  
of that section4  7j7 ,civil forfeiture 
of property used in the commission of an
 offense  7#a7 ,in general ,any personal
 property1 including any ,internet      
domain name or ,internet ,protocol      
address1 that was used or intended to be
 used to commit or to facilitate the    
commission of any violation of this     
section1 or a conspiracy to violate this
 section shall be subject to forfeiture 
to the ,united ,states1 and no property 
right shall exist in such property4     
7#b7 ,applicable provisions ,seizures   
and forfeitures under this subsection   
shall be governed by the provisions of  

chapter #df relating to civil           
forfeitures1 except that such duties as 
are imposed on the ,secretary of the    
,treasury under the customs laws        
described in section #iha7;d7 shall be  
performed by such officers1 agents1 and 
other persons as may be designated for  
that purpose by the ,secretary of       
,homeland ,security or the ,attorney    
,general4  4