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Capitol Hill

The U.S. would punish countries with a pattern of cybercrime activity directed toward the U.S., under a bill sponsored by Sens. Kirsten Gillibrand, D-N.Y., and Orrin Hatch, R-Utah. The International Cybercrime Reporting and Cooperation Act, which doesn’t yet have a…

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bill number, would set up a review process similar to that of the U.S. Trade Representative’s Special 301 review for intellectual property protection abroad. The president would report each year to Congress on countries’ use of information and communications technology (ICT) in critical infrastructure, their level of cybercrime, the legal system’s effectiveness on that crime and protection of consumers and commerce online, according to a Hatch summary. The bill would direct money to fight cybercrime to countries with low ICT penetration so they don’t become “havens,” and encourage other assistance programs geared toward critical sectors such as telecom to include cybercrime prevention in the program. The president would identify “countries of cyber concern” -- those where “credible evidence” shows a pattern of crime against the U.S. government and companies, and in which governments don’t sufficiently address the crime through investigations, prosecutions and other means. Countries that don’t meet benchmarks set by the president to address cybercrime could have suspended or restricted U.S. benefits, such as new Overseas Private Investment Corp. or Export-Import Bank financing or preferential trade programs. The State Department would designate a senior official to handle cybercrime prevention programs abroad and appoint employees at “key embassies” to focus on cybercrime policy. The bill already has the support of Cisco, HP, Microsoft, Symantec, PayPal, eBay, McAfee, Facebook, American Express, Mastercard and Visa.