Anti-Electronic Racketeering Act of 1995
The source supplies the latest action, but no lifecycle stage.
Latest action (27 Jun 1995): Read twice and referred to the Committee on Judiciary.
What this bill does
S. 974, the Anti-Electronic Racketeering Act of 1995, would amend federal racketeering (RICO) and computer crime laws to address criminal activity conducted through computers. It would expand the RICO statute's definition of racketeering activity to include computer fraud and new computer-related offenses, make it unlawful to use a computer network to further racketeering activity or to damage/threaten to damage electronically stored data, and allow electronically stored data to be forfeited as part of RICO penalties. It would create a new federal offense (18 U.S.C. 1030A) covering use of computers for transferring unlicensed software, distributing encryption software accessible to foreign nationals or governments, laundering racketeering proceeds electronically, or operating a computer network primarily to facilitate crime. It also would establish U.S. jurisdiction and venue rules for computer crimes involving equipment located in the U.S., add wiretap authority for RICO violations, amend rules on using illegally intercepted communications as evidence, and modify the Privacy Protection Act of 1980's rules for seizing electronically stored materials.
The bill would primarily affect federal prosecutors, law enforcement agencies, and individuals or organizations involved in computer-related crimes, including software distribution, encryption technology, money laundering, and organized criminal enterprises. It could also affect journalists, publishers, or others whose electronically stored work product might be incidentally seized during investigations, by changing the conditions under which such seizures are permitted.
The bill was introduced by Senator Chuck Grassley on June 27, 1995, and referred to the Senate Judiciary Committee. It did not receive a vote and did not advance further in the 104th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Anti-Electronic Racketeering Act of 1995 - Amends the Federal criminal code to revise the definition of "racketeering" to include any act indictable as a crime which is related to wire and computer fraud. Adds to the definition of racketeering any act indictable as fraud and related activity in connection with computers, racketeering- related crimes involving computers, or other prohibited racketeering activities. Prohibits the use of a computer or computer network to further racketeering activity or to damage or threaten to damage electronically or digitally stored data. Includes electronically or digitally stored data as property subject to criminal forfeiture. Allows any person injured by racketeering activities to sue in U.S. district court and recover threefold the damages sustained, the cost of the suit, and attorney's fees. Allows the introduction of evidence of intercepted wire or oral communications if the authority in possession of the intercepted communication attempted in good faith to comply with the U.S. Code provisions pertaining to communications interceptions. Permits a Federal, State, or local government to introduce as evidence a communication intercepted by a non-governmental actor without the government's knowledge. Authorizes the Attorney General, or another designated individual, to apply to a Federal judge for an order authorizing the designated Federal agency to use an electronic, oral, or wire interception where the interception may provide or has provided evidence of prohibited activities under the racketeering statute. Provides that the application for the wire, oral, or electronic communications interception should provide as much detail as possible regarding the offense, the type of communications to be intercepted, and the identity of the person committing the offense. Prohibits the use of computers or computer networks to transfer unlicensed computer software, to distribute computer software that encodes or encrypts electronic or digital communications which may be accessible to foreign nationals or foreign governments, to transmit a communication intended to conceal money or other assets derived from racketeering activities, and to operate a computer or computer network primarily to engage in racketeering or other activities banned by Federal or State law. Provides that it shall be an affirmative defense to prosecution if the software at issue used a universal decoding device provided to the Department of Justice prior to the distribution. Declares that the United States has jurisdiction over any act committed while using any computer, computer facility, or computer network that is physically located within the territorial jurisdiction of the United States. Establishes venue in the jurisdiction where the computer, computer facility, or computer network was physically located at the time of the wrongful act. Declares that the transmission of deceptive information through a computer network or facility constitutes fraud. Amends the Privacy Protection Act to allow the seizure of work product materials if there is reason to believe that it is necessary to prevent the destruction or alteration of the documents. Permits a government official to search for or seize electronically stored data if the seizure is incidental to an otherwise valid seizure and the government official was unaware that the material existed among the seized data and took reasonable steps to protect the privacy interests of the individual after the work products material discovery.
Timeline
27 Jun 1995
Read twice and referred to the Committee on Judiciary.
Common questions
- What does S. 974 do?
- S. 974, the Anti-Electronic Racketeering Act of 1995, would amend federal racketeering (RICO) and computer crime laws to address criminal activity conducted through computers. It would expand the RICO statute's definition of racketeering activity to include computer fraud and new computer-related offenses, make it unlawful to use a computer network to further racketeering activity or to damage/threaten to damage electronically stored data, and allow electronically stored data to be forfeited as part of RICO penalties. It would create a new federal offense (18 U.S.C. 1030A) covering use of computers for transferring unlicensed software, distributing encryption software accessible to foreign nationals or governments, laundering racketeering proceeds electronically, or operating a computer network primarily to facilitate crime. It also would establish U.S. jurisdiction and venue rules for computer crimes involving equipment located in the U.S., add wiretap authority for RICO violations, amend rules on using illegally intercepted communications as evidence, and modify the Privacy Protection Act of 1980's rules for seizing electronically stored materials. The bill would primarily affect federal prosecutors, law enforcement agencies, and individuals or organizations involved in computer-related crimes, including software distribution, encryption technology, money laundering, and organized criminal enterprises. It could also affect journalists, publishers, or others whose electronically stored work product might be incidentally seized during investigations, by changing the conditions under which such seizures are permitted. The bill was introduced by Senator Chuck Grassley on June 27, 1995, and referred to the Senate Judiciary Committee. It did not receive a vote and did not advance further in the 104th Congress.
- Has S. 974 become law?
- The source does not supply a confirmed lifecycle stage for S. 974. Check the latest action and official source below.
- Who sponsored S. 974?
- S. 974 was sponsored by Sen. Grassley, Chuck [R-IA] (R-IA), with 2 cosponsors.
- What's the latest action on S. 974?
- Read twice and referred to the Committee on Judiciary. (27 Jun 1995).
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