COMPUTER FRAUD LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001501930089-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: April 15, 2009
• Sequence Number: 89
• Publication Date: October 15, 1984
• Content Type: MEMO

Approved For Release 2009/04/15: CIA-RDP90B01370R001501930089-6
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Ch. 85
ii records to other agencies or de-
cation.
rtification and notice to customer.
In mailing.
lation reports by supervisory agen-
inancial records to defend custom-
ding of information.
al records not identified with par-
to exercise of supervisory, regula-
'unctions of financial institutions.
to Internal Revenue Code.
to Federal statute or rule pro-
?r.
to Federal Rules of Civil or
e or comparable rules of other
to administrative subpena issued
judge.
.o legitimate law enforcement in-
me, address, account number, and
particular customers.
to lawful proceeding, investiga-
at financial institution or legal
ion or administration respecting
min guarantees, etc.
? issuance of subpena or court
rid jury proceeding.
) proceeding, investigation, etc.,
.1 Accounting Office and direct-
thority.
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Approved For Release 200-9/04-115 : CIA-RDP90B01370R001501930089-6 ,";?-mr"
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s
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' '.*Ati?; eltt*'*"'' ?
4! ?
the
con%
bags.
out-
there-
411fetko
VI3y- ?
1AI-
illose cue.
against
In-
trotdd
to
'h
_happen -
joiClinitmtary
vtaildiance with ofbi,ithis addi-
tional 'hurdle Is placed_ Aitlbe-wer of ?
the Public's figiltviP with
the prospect . I tion.
- even tor -en - . 0611re.
more and more -agenCy ? ? . will
play It safe, and let the courts deckle.
I am 'sure that this consequence of
the pousiage of this logislation is unin-
tended. The Mahon; of the computer
crime bill surely did mit tet -out to
write a blanket secrecy statute rolling
, back the Freedom of Information Act;
but, tinfortunately. the plain language
of the bill suggests that that imprecise-
ly what is before ms today. A fuller leg-"
*dative history might have helped to
cOrrect 'this probledit but ',the route
that this bill bas trareled_bas not been
conduirlve Mich ' explication. The
provision that I hare -been -discussing
formed proposed aeCtion 1030(aX5) of
title 118,1n H.R. 96111. the Credit card
treed bile to Which theetimputer crime
legislation well attached hi the 'House
Abeabuse -4/11dichair-Vorimintee On
off Ittemsaitstives. Both the report- Of
16.1Itid -the &bide tithe other
W.!, 'When it leas passed butt Jilly.'sive
sermt- attention to section 1030(aX5).
As I have mentioned. -neither the
House nor the Senate Included these
provisions -in the continuing resolu-
tion. The computer crime -sections
-were _added by a subcommittee of the
conference committee. literally in the
middle of the night lost Thursday. or
the early hours of Friday morning.
The full conference committee. dis-
tracted by ongoing disputes over
wholly unrelated portions of the con-
tinuing resolution. ratified Its subcom-
mittee's recommendation, and the con-
ference report has now been approved
by the House. Nowhere along the line
has there been an opportunity -for the
Senate to exandne the computer crime
bill in -enough detail to iron out the
problems that may be mused-by the
excessively broad sweep of-this subsec-
tion, to say nothing of other parts of
the bill that could be improved. One
could hardly hope to find -a better
-.Wert lesson in -the iihortoomings of
legislation by?rider. - -
The probjem !of coMputer crirae is a
real and :growing one, Our oh_ !Menge is
biked 26 *elude
thority to obtain. L.
the doubt Is aril?
.of the
toi
end ? . 3-'1.
? .
r ?
atilerVa.N011ing-deittitt Ciaudes
to beilone. not Only to Amine mai-
WPM, TtelPlalle-ka Abe "dirobleen._
learredkilbilliddlOgitbates
no .tsiddribiaisidallitieldigenches
The .heartnix that Bengdor :31.axeus
Iathe Criodadi lawilub-
commStse Ally the sett Ocapess
abOilltiggvideta gotedtzsetek-.
Itod-549(de Ilhoortect: baba be:.
?1911011,_.,,4!Paelr the ge 'p this
? - - ? ?:
AijikAtT: 1 -understand Abet
Arlene sectkunof
lbe atm
Maws _included Cu. the ocathiglag
resolution do not contain a specifiers.'
caption (or -the activities of legitimate
=
11411 Jaw enfortemmit
ageneles. I-ask my colleague. ?
ow ID-
the .manager . of tbat section. -tt this
-I': ?
'Mr. RUDMAN. I am glad the Sena-
tor brought up that subjeit. I my to
my friend that a specific gremption
was. lift 'Out .inadvertently when the
conference agreements reached on"the
amine _-age were reduced to writing.
Any tervectiveusgeproposed next
fear to -Correct this error -would Der-
&Shay have SOY auPPort. ? ?
luitrelor; it islhe *Jew of several-en- -
Ihorities. that hafelooked .iniue
that -.there alraWy -exists" more
an-
adequate .protection for legitimate law
enforcement and intelligence activities
under existing law, particularly exist-
ing common law. Nothing in the crime
package -is Intended in -any way to
limit those existing legal protections. -
ths,t :Clarificati: E -
Mr. IAXALT. I,on - - litni my colleague
for
- - '
BENTSEN,. Mr. President, .1
would -appreciate a-point of clarifica-
tion regarding the transportation sec-
tion of the continuing -resolution.
Under _FAA regulations, carriers are
required to modify their aircraft, for
landing at V.13. airports. with "hush
kits" to comply with FAA poise regula-
tions. These regulations require the
acquisition of noise abatement devices,
hush _kits, originally expected to be
aVallable in time to meet the January
1985 deadline.
I am concerned with two phrases In
the Chiles/Hawkins -amendment to
the continuing resolution which could
create a loophole system for obtaining
knish ldt exemptions. The longtime
therein stator That an application for
an exemption from -compliance with
Public law 96-163-hush kits-anted
"include a copy of a contract catered
Into by the applicant an? known
supplier." lly concern Is that the
terms "cOntract"iiind "known suppli-
er" are not sufficiently defined to pro-
. Min the execution of bogus eimtracts
? by :some ionacrupuious terriers ;and -
"paper- van" suppliers.- tor 13se9sole ?
Was deliberate?
Biss Vie ?
Texai less regarding theme 45)Mris.4.set
ricerigualn
*paper .alarr rtsUpplleraf ?
mosigthe Secretary of
In cresting guidelines to -?tee
this exemption, than arehillfiewder
Joontratt arriteheaulproat
? theliggiglier,in the
eel. 4140termine Whether- OM
ociOartwated.*Therefterk-
tlionskim Shaer
ci1bO Imued, if end
thisZpiskih ?
has entered Into a Wood filth=
g
*Lb ishonalbie supplier. By locirlilide
supplier. I .snein axe Who has been
substantially -involved go !the 411111Als
certification process for lnigh
the time of enactment of. Is Ueda--
Von. -. ?
.-Mr. _BETSEN. Win -the Alienator
yield? - ? .
CELILES.1 yield. - ;*
Mr: BErrrsEN. tar. t4iskiest.1
satisfied with the explanation-1d the -
senior Senator from Phat- ft Is My
concern -that this issue of exemption
not impact on the oompetithie and ?
-free enterprise system. - -
ashorinzeie nonaaATIoWl aria.
Sisrineirraci711*!,Pr!' -
tifillalia. :1PitilliVeit,"017#
sponsors of the amendrotraje= .-
continuing resolution
exemptions- from thed. - ? SIMS
1V4n
abd Boise Abatenient Aet ? -Interns- .
tional operations at MiiiMiand Bangor
International Airports would like' to
tate a Moment of the Senatebliene to
engage in It Wolloguy -on our.'0W-
intent In ? offering .the ainetidment.
Given the late tour. and the last-
minute attempts at conipromIse Which
led to the development of the wording
which has been adopted. it !was mit
really possible for any of the eprinsora
to make any definitive statements Is
to what we were offering. And dime It
was what many of us felt to bi-" fail-
ure of the Department of Transporta-
tion to properly interpret existing law
that led to this entire effort. 1 would
like to ensure that we limit the possi-
bility of a repetition by being rather
speciI.',.
Mrs. HAWKINS. I would like to first
note that what we have in effect done
Is to determine, by passage 'tif the
amendment, that carriers conducting
International operations out of Miami
and Bangor, and which operate 'air-
craft that tan be brought Into Compli-
ance by hush kits currently 'underde-
velopment, meet the exemption
quirements of the Aviation Safety and
Noise -Act with respect to "valuable-eh '
servioe." "Sinantial havoe" and de-
layed or unavailability of 'net emery
' technology for comp/Moe. ogre-have
Approved For Release 2009/04/15: CIA-RDP90B01370R001501930089-6