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6 U.S.C. § 1531Apprehension and prosecution of international cyber criminals

submitted 11 years ago by Pub. L. 114-113 to r/title-6-DOMESTIC-SECURITY · 447 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines “international cyber criminal,” requires certain diplomatic consultations, and requires an annual report to specified congressional committees. The report must cover such criminals, international discussions, and extraditions.

(a) International cyber criminal defined. In this section, “international cyber criminal” means an individual who is believed to have committed a cybercrime or intellectual-property crime against United States interests or United States citizens, and for whom either a United States judge has issued an arrest warrant or Interpol has circulated an international wanted notice, commonly called a “Red Notice.” (b) Consultations for noncooperation. The Secretary of State, or the Secretary’s designee, must consult the appropriate official of each country where one or more such criminals are physically present if extradition is unlikely because the country lacks an extradition treaty with the United States or for another reason. The consultation must determine what that country has done to apprehend and prosecute the criminals and to stop them from committing cybercrimes or intellectual-property crimes against United States interests or citizens. (c) Annual report. (1) The Secretary of State must give the appropriate congressional committees an annual report. It must state, for each country, the number of international cyber criminals located there and whether extradition is unlikely for lack of a treaty or another reason; describe the number and nature of significant discussions by State Department officials with officials of other countries about stopping or prosecuting these criminals, naming each country; and, for each such criminal extradited to the United States during the most recently completed calendar year, give the person’s name, charged crimes, previous country of residence, and country of extradition. (2) The report must be unclassified as much as possible, but may include a classified annex. (3) The committees are the listed Senate committees—Foreign Relations, Appropriations, Homeland Security and Governmental Affairs, Banking, Housing, and Urban Affairs, Select Committee on Intelligence, and Judiciary—and the listed House committees—Foreign Affairs, Appropriations, Homeland Security, Financial Services, Permanent Select Committee on Intelligence, and Judiciary.
the actual law source: uscode.house.gov ↗public domain
(a) International cyber criminal defined

In this section, the term “international cyber criminal” means an individual—

(1)

who is believed to have committed a cybercrime or intellectual property crime against the interests of the United States or the citizens of the United States; and

(2)

for whom—

(A)

an arrest warrant has been issued by a judge in the United States; or

(B)

an international wanted notice (commonly referred to as a “Red Notice”) has been circulated by Interpol.

(b) Consultations for noncooperation

The Secretary of State, or designee, shall consult with the appropriate government official of each country from which extradition is not likely due to the lack of an extradition treaty with the United States or other reasons, in which one or more international cyber criminals are physically present, to determine what actions the government of such country has taken—

(1)

to apprehend and prosecute such criminals; and

(2)

to prevent such criminals from carrying out cybercrimes or intellectual property crimes against the interests of the United States or its citizens.

(c) Annual report
(1) In general

The Secretary of State shall submit to the appropriate congressional committees an annual report that includes—

(A)

the number of international cyber criminals located in other countries, disaggregated by country, and indicating from which countries extradition is not likely due to the lack of an extradition treaty with the United States or other reasons;

(B)

the nature and number of significant discussions by an official of the Department of State on ways to thwart or prosecute international cyber criminals with an official of another country, including the name of each such country; and

(C)

for each international cyber criminal who was extradited to the United States during the most recently completed calendar year—

(i)

his or her name;

(ii)

the crimes for which he or she was charged;

(iii)

his or her previous country of residence; and

(iv)

the country from which he or she was extradited into the United States.

(2) Form

The report required by this subsection shall be in unclassified form to the maximum extent possible, but may include a classified annex.

(3) Appropriate congressional committees

For purposes of this subsection, the term “appropriate congressional committees” means—

(A)

the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and

(B)

the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives.

Source credit: (Pub. L. 114–113, div. N, title IV, § 403, Dec. 18, 2015, 129 Stat. 2979.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 114-113 · 129 Stat. 2979

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-113 on 2015-12-18.

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