Hackers could face life in prison under new bill

Associated Press

WASHINGTON -- A House bill that could give life imprisonment to some computer hackers received support from administration officials and technology executives Tuesday.

Microsoft lawyer Susan Kelley Koeppen, a former Justice Department prosecutor, said courts should take hackers more seriously.

"Cyber crime will never be effectively curbed if society continues to treat it merely as pranksterism," she said.

The government is increasingly concerned about the well-being of government and business computer systems in the face of teen hackers and foreign threats.

"As we increase individuals' physical safety at our airports, borders and even sporting events, we should not forget to strengthen cyber security as well," said Rep. Lamar Smith, R-Texas, the bill's sponsor.

The bill would give judges greater flexibility in imposing sentences for computer crimes. Current law ties the severity of the crime to the cost of damage done and limits jail terms to 10 years.

Smith's legislation would require judges to take other factors into account, including the sophistication of the offense, intent and violations of the victim's privacy.

If the criminal "knowingly causes or attempts to cause death or serious bodily injury," the judge could impose up to a life sentence.

The Justice Department, Microsoft and Internet service providers supported the change in testimony to the House Judiciary subcommittee on crime.

John Malcolm, of Justice's criminal division, described a hypothetical situation in which a hacker shut down a town's phone service, including emergency 911 calls.

"It is easy to envision in such a situation that somebody might die or suffer serious injury as a result of this conduct," Malcolm said. "Although the hacker might not have known that his conduct would cause death or serious bodily injury, such reckless conduct would seem to merit punishment greater than the 10 years permitted by the current statute."

Microsoft's Koeppen suggested that convicted hackers have their computer gear confiscated by the authorities, a practice similar to that used in drug cases.

Another portion of the bill would protect Internet providers from lawsuits if, believing someone is in danger, they give records of communications to a government entity.

Koeppen said she believes the term "government entity" could be applied to firefighters or even school principals.

"We believe that such emergency situations will be rare, but that law enforcement personnel may not always be reachable or even the best prepared to take action," she said.

Privacy advocates said the language is too broad and would encourage Internet providers to hand over information too often.

-- Anonymous, February 13, 2002