PolicyBrief
S. 431
119th CongressFeb 5th 2025
Cyber Conspiracy Modernization Act
IN COMMITTEE

The Cyber Conspiracy Modernization Act amends Section 1030(c) of title 18, United States Code, to include conspiracies to violate section 1030, extending the penalties for attempts to violate the section to cover conspiracies as well.

Mike Rounds
R

Mike Rounds

Senator

SD

LEGISLATION

Cyber Conspiracy Modernization Act: New Bill Expands Penalties for Online Threats

The Cyber Conspiracy Modernization Act sounds straightforward, but it packs a potential punch. This bill, introduced as SEC. 1, aims to update existing cybercrime laws by adding "conspiracies" to the list of punishable offenses under Section 1030 of title 18, United States Code (SEC. 2). Basically, it's not just doing the cybercrime that gets you in trouble – now, even planning it with someone else can lead to serious consequences.

Digital Danger Zone

This act directly amends Section 1030(c), which deals with penalties for hacking and other computer-related crimes. Before, the law focused on attempts to violate this section. Now, "conspiracy" is folded in, meaning if you and a buddy even discuss hacking into a system, you could both be facing the same penalties as if you actually did it. This change could impact anyone from tech workers collaborating on projects to individuals sharing information online.

Real-World Ripple Effects

Imagine two cybersecurity researchers discussing a potential vulnerability in a system. Under this new law, that conversation could be interpreted as a conspiracy, even if their intent is to report and fix the issue. Or consider a group of friends joking online about launching a DDoS attack – even if they never act, the discussion itself could become a legal problem. The bill doesn't clearly define what constitutes a "conspiracy" in the cyber context, leaving a lot of room for interpretation.

The Bigger Picture: Security vs. Overreach?

While the goal of combating cybercrime is crucial, this bill raises some serious questions. It could deter legitimate security research, as experts might fear being accused of conspiracy for simply discussing vulnerabilities. It could also impact whistleblowers who uncover illegal online activities. The lack of clear definitions and the broad scope of "conspiracy" create a real risk of overreach, potentially turning harmless online interactions into criminal offenses. This bill could alter our approach to online activities. It is important to note that the lack of clear definition of "conspiracy" may be an oversight or a deliberate decision to cast a wide net.