Cloud Computing Act of 2012
Latest action (19 Sep 2012): Introduced
What this bill does
The Cloud Computing Act of 2012 would amend the federal computer fraud statute (18 U.S.C. § 1030) to address unauthorized access to cloud computing services. It would define "cloud computing account" and "cloud computing service," specify that each instance of unauthorized access to a cloud account counts as a separate criminal offense, and set a formula for calculating losses in such cases—the greater of actual losses or $500 multiplied by the number of accounts accessed. The bill also directs the Secretary of State to work with international bodies, such as the OECD, to promote interoperability between U.S. law and foreign data privacy and security policies, and to produce annual reports on international cooperation in this area for four years. Separately, it requires federal agencies to submit annual three-year forecasts of their cloud computing procurement plans, to be published online by the Office of Management and Budget.
The bill primarily affects federal law enforcement's ability to prosecute unauthorized access to cloud-based accounts, cloud service providers and their customers, the State Department's international engagement on data policy, and federal agencies' procurement planning and transparency regarding cloud services.
The bill was introduced in the Senate on September 19, 2012, by Senator Amy Klobuchar, with Senator Hoeven as a cosponsor, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote and did not become law in the 112th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Cloud Computing Act of 2012 - Amends the Computer Fraud and Abuse Act to provide that each instance of unauthorized access of a cloud computing account, access of such an account in excess of authorization, or an attempt or conspiracy to access such an account without or in excess of authorization in violation of such Act shall constitute a separate offense.
Defines: (1) "cloud computing account" as information stored on a cloud computing service that requires a password or similar information to access and is attributable to an individual; and (2) "cloud computing service" as a service that enables convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or interaction by the service provider.
Establishes the value of the loss of the use of a computer, the value of the information obtained, and the value of the aggregated loss, for an offense involving unauthorized access to a protected computer that is part of a cloud computing service, as the greater of: (1) the value of the loss of use, information, or aggregated loss to one or more persons; or (2) the product obtained by multiplying $500 by the number of cloud computing accounts accessed.
Directs the Secretary of State to work with international fora, such as the Organization for Economic Cooperation and Development (OECD), to advance the aims of ensuring interoperability between the provisions of this Act and other laws and policies of the United States and foreign countries.
Requires, within 180 days after enactment of this Act and at least once each year for four years thereafter: (1) the Secretary to conduct a study on international cooperation regarding data privacy, retention, and security; and (2) the heads of specified federal agencies to submit to the Administrator of the Office of Electronic Government and Information Technology of the Office of Management and Budget (OMB) a three-year forecast of the agency's plans relating to the procurement of cloud computing services and support. Directs the Administrator to make each such forecast available to the public via an Internet website.
Common questions
- What does S. 3569 do?
- The Cloud Computing Act of 2012 would amend the federal computer fraud statute (18 U.S.C. § 1030) to address unauthorized access to cloud computing services. It would define "cloud computing account" and "cloud computing service," specify that each instance of unauthorized access to a cloud account counts as a separate criminal offense, and set a formula for calculating losses in such cases—the greater of actual losses or $500 multiplied by the number of accounts accessed. The bill also directs the Secretary of State to work with international bodies, such as the OECD, to promote interoperability between U.S. law and foreign data privacy and security policies, and to produce annual reports on international cooperation in this area for four years. Separately, it requires federal agencies to submit annual three-year forecasts of their cloud computing procurement plans, to be published online by the Office of Management and Budget. The bill primarily affects federal law enforcement's ability to prosecute unauthorized access to cloud-based accounts, cloud service providers and their customers, the State Department's international engagement on data policy, and federal agencies' procurement planning and transparency regarding cloud services. The bill was introduced in the Senate on September 19, 2012, by Senator Amy Klobuchar, with Senator Hoeven as a cosponsor, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote and did not become law in the 112th Congress.
- Has S. 3569 become law?
- Not yet. As of 19 Sep 2012, S. 3569 is introduced.
- Who sponsored S. 3569?
- S. 3569 was sponsored by Sen. Amy Klobuchar [D-MN] (Democrat-MN), with 1 cosponsor.
- What's the latest action on S. 3569?
- Introduced (19 Sep 2012).
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