Page:United States Statutes at Large Volume 116 Part 3.djvu/565

 PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2157 (iv) whether the defendant acted with mahcious intent to cause harm in committing the offense; (v) the extent to which the offense violated the privacy rights of individuals harmed; (vi) whether the offense involved a computer used by the government in furtherance of national defense, national security, or the administration of justice; (vii) whether the violation was intended to or had the effect of significantly interfering with or disrupting a critical infrastructure; and (viii) whether the violation was intended to or had the effect of creating a threat to public health or safety, or injury to any person; (C) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (D) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (E) make any necessary conforming changes to the sentencing guidelines; and (F) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. (c) STUDY AND REPORT ON COMPUTER CRIMES. —Not later than Deadline. May 1, 2003, the United States Sentencing Commission shall submit a brief report to Congress that explains any actions taken by the Sentencing Commission in response to this section and includes any recommendations the Commission may have regarding statutory penalties for offenses under section 1030 of title 18, United States Code. (d) EMERGENCY DISCLOSURE EXCEPTION.— (1) IN GENERAL.—Section 2702(b) of title 18, United States Code, is amended— (A) in paragraph (5), by striking "or" at the end; (B) in paragraph (6)(A), by inserting "or" at the end; (C) by striking paragraph (6)(C); and (D) by adding at the end the following: "(7) to a Federal, State, or local governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency.". (2) REPORTING OF DISCLOSURES. —^A government entity that Deadline, receives a disclosure under section 2702(b) of title 18, United States Code, shall file, not later than 90 days after such disclosure, a report to the Attorney General stating the paragraph of that section under which the disclosure was made, the date of the disclosure, the entity to which the disclosure was made, the number of customers or subscribers to whom the information disclosed pertained, and the number of communications, if any, that were disclosed. The Attorney General shall publish Publication, all such reports into a single report to be submitted to Congress 1 year after the date of enactment of this Act. (e) GOOD FAITH EXCEPTION.— Section 2520(d)(3) of title 18, United States Code, is amended by inserting "or 2511(2)(i)" after "2511(3)".

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