Page:United States Statutes at Large Volume 116 Part 3.djvu/564

 116 STAT. 2156 PUBLIC LAW 107-296—NOV. 25, 2002 6 USC 143. SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY. In carrying out the responsibilities under section 201, the Under Secretary for Information Analysis and Infrastructure Protection shall— (1) as appropriate, provide to State and local government entities, and upon request to private entities that own or operate critical information systems— (A) analysis and warnings related to threats to, and vulnerabilities of, critical information systems; and (B) in coordination with the Under Secretary for Emergency Preparedness and Response, crisis management support in response to threats to, or attacks on, critical information systems; and (2) as appropriate, provide technical assistance, upon request, to the private sector and other government entities, in coordination with the Under Secretary for Emergency Preparedness and Response, with respect to emergency recovery plans to respond to major failures of critical information systems. 6 USC 144. SEC. 224. NET GUARD. The Under Secretary for Information Analysis and Infrastructure Protection may establish a national technology guard, to be known as "NET Guard", comprised of local teams of volunteers ' with expertise in relevant areas of science and technology, to assist local communities to respond and recover from attacks on information systems and communications networks. Cyber Security SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002. Act of 2002. (a) SHORT TITLE. —This section may be cited as the "Cyber 6 USC 145. Security Enhancement Act of 2002". 28 USC 994 note. (b) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CER- TAIN COMPUTER CRIMES.— (1) DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS- SION. —Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18, United States Code. (2) REQUIREMENTS.—In carrying out this subsection, the Sentencing Commission shall— (A) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (B) consider the following factors and the extent to which the guidelines may or may not account for them— (i) the potential and actual loss resulting from the offense; (ii) the level of sophistication and planning involved in the offense; (iii) whether the offense was committed for purposes of commercial advantage or private financial benefit;

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