S8524 CONGRESSIONAL RECORD — SENATE September 15, 2008 of protecting our current and former demanding money in relation to a pro- made a point of using himself as an ex- leaders exceptionally well. I am tected computer—so that this bad con- ample to inspire others. By refusing to pleased that this legislation will help duct can be federally prosecuted. And, show fear in the face of threats and in- the Secret Service to carry out this im- lastly, the legislation adds the remedy timidation, including several attempts portant mission. of civil and criminal forfeiture to the on his life, he served as a model for This bipartisan legislation also in- arsenal of tools to combat cyber crime those otherwise afraid to stand up to cludes important cyber crime provi- and our amendment directs the U.S. human rights violators. sions—portions of the Identity Theft Sentencing Commission to review its Now, 4 years after Munir’s untimely Enforcement and Restitution Act—to guidelines for identity theft and cyber death, there is promise that those re- protect the privacy rights of all Ameri- crime offenses. sponsible for his murder will be cans. The anticyber crime provisions in Senator SPECTER and I have worked brought to justice. Despite delays and this bill are long overdue. A recent sur- closely with the Department of Justice setbacks, two of those charged have vey by the Federal Trade Commission and the Secret Service in crafting now been convicted, but those who found that that more than 8 million these updates to our cyber crime laws planned the assassination remained at Americans fell victim to identity theft and the legislation added as an amend- large. Now, 3 years after a fact-finding in 2005. In addition, a new report by the ment to the Former Vice President team established by current President Organization for Economic Coopera- Protection Act has the strong support Yudhoyono discovered evidence of in- tion and Development encourages of these Federal agencies and the sup- volvement by officials of the State In- democratic governments around the port of a broad coalition of business, telligence Agency, a retired general world to more aggressively fight iden- high tech and consumer groups. The and former senior intelligence officer is tity theft, by enacting stronger cyber bill as amended to include these crit- on trial for his alleged role in the crime. This trial is an opportunity for crime laws and stiffening the penalties ical cyber crime provisions is a good, Munir’s friends and family, for the In- to deter potential cybercriminals. bipartisan bill that will help to better donesian Government, and for the citi- The key anticyber crime provisions protect our Nation’s leaders and to bet- zens of Indonesia, to obtain a fair ac- that are included in this legislation ter protect all Americans from the counting of the facts and application of will close existing gaps in our criminal growing threat of identity theft and law to keep up with the cunning and the law. I note with appreciation the other cyber crimes. work of the investigators in the case so ingenuity of today’s identity thieves. I thank Senator SPECTER for his hard far and convey my strongest support First, to better protect American con- work on this legislation. I also thank for a fair, timely and transparent proc- sumers, the legislation provides the Senators BIDEN and HATCH and the bi- ess and a just outcome for all con- victims of identity theft with the abil- partisan coalition of Senators who ity to seek restitution in Federal court cerned. have joined with us to ensure its pas- President Yudhoyono has called the for the loss of time and money spent sage. In addition, I thank House Judici- case a test for Indonesia, and Munir’s restoring their credit and remedying ary Committee Chairman CONYERS and supporters similarly argue that ‘‘jus- the harms of identity theft, so that Congressman BOBBY SCOTT for their as- tice for Munir is justice for all.’’ The identity theft victims can be made sistance in enacting this bill. I also willingness of the government to inves- whole. Second, to address the increas- thank Majority Leader REID, House tigate the role of senior staff at the ing number of computer hacking Majority Leader HOYER and House Ma- State Intelligence Agency is a signifi- crimes that involve computers located jority Whip CLYBURN for their leader- cant step forward, and I hope it is an within the same State, the cybercrime ship in advancing this legislation. indication of increased accountability amendment eliminates the jurisdic- Lastly, I thank the many high tech, more generally. Those who committed tional requirement that a computer’s business and consumer organizations human rights abuses must be identified information must be stolen through an who have worked so hard to enact this and brought to justice, both to provide interstate or foreign communication in legislation to better protect the pri- a sense of closure for victims who suf- order to federally prosecute this crime. vacy and security of American con- fered these atrocities as well as to set Third, this legislation also addresses sumers and American businesses. I en- the important precedent that human the growing problem of the malicious courage the President to promptly sign and political rights play an important use of spyware to steal sensitive per- this important criminal legislation role in today’s Indonesia. I encourage sonal information, by eliminating the into law. the Indonesian Government to under- requirement that the loss resulting f take similar investigations for other from the damage to a victim’s com- crimes, and urge them to do so in a puter must exceed $5,000 in order to REMEMBERING MUNIR SAID THALIB timely and fair manner. federally prosecute the offense. The The decision to undertake this trial bill carefully balances this necessary Mr. FEINGOLD. Mr. President, last is an important indicator of the gov- change with the legitimate need to pro- week marked the fourth anniversary of ernment’s commitment to address on- tect innocent actors from frivolous the tragic death of Munir Said Thalib, going human rights abuses, and to pro- prosecutions, and clarifies that the one of Indonesia’s leading human tect human rights activists. I am hope- elimination of the $5,000 threshold ap- rights defenders. Munir was powerful ful this will be the beginning of a more plies only to criminal cases. voice who brought attention to the systematic process that prioritizes In addition, the amendment address- human rights violations committed by basic human rights and the rule of law es the increasing number of cyber at- Indonesia’s military in East Timor, and recognizes that Indonesia has yet tacks on multiple computers, by mak- Papua, and Aceh Province during and to deal effectively with past human ing it a felony to employ spyware or after the rule of President Suharto. He rights violations in Aceh, East Timor, keyloggers to damage 10 or more com- founded the Commission for Disappear- Papua, Jakarta, and elsewhere. I hope puters, regardless of the aggregate ances and Victims of Violence the resolution of Munir’s case will be a amount of damage caused. By making (Kontras) and championed account- blow against impunity and provide an this crime a felony, the amendment en- ability and justice on behalf of the vic- opportunity to promote much-needed sures that the most egregious identity tims of ‘‘disappearances’’ during the military and intelligence reform. Indo- thieves will not escape with minimal final days of the regime in the late nesia has made positive reforms since punishment under Federal cyber crime 1990s. Munir, 37, was poisoned with ar- the end of the Suharto regime, but laws. The legislation also strengthens senic while traveling from Jakarta to must continue to develop proper mech- the protections for American busi- Amsterdam to study international hu- anisms for accountability, to ensure nesses, which are more and more be- manitarian law. that such human rights abuses are not coming the focus of identity thieves, Munir as a singular figure who in- repeated. by adding two new causes of action spired crowds with his impassioned Indonesia continues to be an impor- under the cyber extortion statute— pleas for nonviolence, worked with pro- tant ally of the United States and we threatening to obtain or release infor- gressive elements in the military even must work toward a strong and effec- mation from a protected computer and while challenging army abuses, and tive partnership, particularly as we VerDate Aug 31 2005 05:39 Sep 16, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.025 S15SEPT1 bajohnson on PROD1PC71 with SENATE September 15, 2008 CONGRESSIONAL RECORD — SENATE S8525 seek to combat extremism around the Wouldn’t this be a good place to start and careful and use it wisely, not foolishly. I be- globe. It is in the national interest of one where something could happen quickly? lieve that our current practices are foolish. both countries for Indonesia to success- We were citizens of Washington State sev- We have made ourselves a target and it is eral decades ago when a governmental enti- hurting us all. Our country is so far in debt fully complete its process of reform ty, Washington Public Power and Supply and our dollar is worth less and less. This and democratization. However, this System (WPPSS) attempted to construct nu- has to change. Even if the use of our own oil strengthening relationship must not clear power plants according to the wishes of is temporary, I believe that it will send the come at the expense of a principled the citizens.