Sec. 406. Stopping trafficking in botnets; forfeiture
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/bill/116/s/482/is/section-406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1030 of title 18, United States Code, is amended— in subsection (a)— in paragraph (7), by adding or at the end; and by inserting after paragraph
(7)the following: intentionally traffics in the means of access to a protected computer, if— the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to— damage a protected computer in a manner prohibited by this section; or violate section 1037 or 1343; ; in subsection (c)(3)— in subparagraph (A), by striking (a)(4) or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; and in subparagraph (B), by striking (a)(4), or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; in subsection (e)— in paragraph (11), by striking and at the end; in paragraph (12), by striking the period at the end and inserting ; and ; and by adding at the end the following: the term traffic , except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value. ; in subsection (g), in the first sentence, by inserting , except for a violation of subsection (a)(8), after of this section ; and by striking subsections
(i)and
(j)and inserting the following: The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), except subsection
(d)of that section. Any personal property, including any Internet domain name or Internet Protocol address, that was used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section shall be subject to forfeiture to the United States, and no property right shall exist in such property. Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. .
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Sec. 406
Stopping trafficking in botnets; forfeiture
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