An Act to establish federal guidelines for the use of technologically-interfacing metahuman abilities in accessing, modifying, or interpreting digital information systems
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the "Digital Interface Regulatory Framework Act of 2014" or the "DIRFA".
For the purposes of this Act:
(a) "Digital Interface Ability" means any metahuman ability that allows an individual to access, interpret, modify, or otherwise interact with electronic systems, digital data, or telecommunications infrastructure through means other than standard input/output devices or conventional software.
(b) "Digital Interface Specialist" means an individual possessing Digital Interface Abilities who has been certified under Section 4 of this Act.
(c) "Protected System" means any computer, network, or digital storage medium that:
(1) Contains data protected by encryption or other security measures;
(2) Is not owned or operated by the individual accessing it; or
(3) Contains confidential, proprietary, or personal information as defined under existing federal privacy laws.
(d) "Chain of Digital Custody" means the documented chronological history of the access, handling, and analysis of digital information from acquisition to final presentation, designed to preserve evidence integrity.
(a) It shall be unlawful for any individual to use Digital Interface Abilities to:
(1) Access, modify, or extract information from any Protected System without proper authorization as defined in Section 5;
(2) Bypass or defeat security measures designed to restrict access to any Protected System;
(3) Facilitate unauthorized access to Protected Systems by others; or
(4) Conceal evidence of digital activities by manipulating system logs or access records.
(b) Violations of this section shall be punishable as established under the Computer Fraud and Abuse Act (18 U.S.C. § 1030), with the following enhancements:
(1) Use of Digital Interface Abilities shall be considered an aggravating factor in sentencing;
(2) Minimum sentences shall be increased by 50% when Digital Interface Abilities are employed in the commission of the offense.
(a) The National Superhuman Response Agency (NSRA) shall establish a certification program for individuals with Digital Interface Abilities who wish to provide professional services, including:
(1) Background checks and security clearance procedures;
(2) Technical proficiency examinations;
(3) Ethics training and legal compliance education;
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(4) Continuing education requirements for certification maintenance.
(b) The NSRA shall maintain a National Registry of Certified Digital Interface Specialists, including:
(1) Classification of abilities and technical specializations;
(2) Security clearance levels;
(3) Professional history and any disciplinary actions.
(c) Any individual providing digital interface services for compensation without certification under this section shall be subject to civil penalties not exceeding $100,000 per violation and potential criminal prosecution under Section 3.
(a) Authorized access to Protected Systems through Digital Interface Abilities shall only be permitted under the following circumstances:
(1) Pursuant to a valid court order or warrant issued by a court of competent jurisdiction;
(2) With express written consent from the legal owner of the Protected System;
(3) Under direct supervision of federal law enforcement during authorized investigations;
(4) As part of contracted security testing with explicit scope limitations; or
(5) In emergency situations involving imminent threat to human life, as defined by the NSRA.
(b) All authorized access must adhere to Chain of Digital Custody procedures established by the National Institute of Standards and Technology within 180 days of enactment of this Act.
(a) Certified Digital Interface Specialists shall:
(1) Maintain comprehensive logs of all Protected System interactions;
(2) Document all methodologies employed in accessing, analyzing, or modifying digital information;
(3) Preserve original data states before any modifications;
(4) Employ independent verification of findings when practicable;
(5) Submit quarterly activity reports to the NSRA.
(b) The Attorney General shall establish professional liability insurance requirements for certified specialists within 90 days of enactment of this Act.
(a) This Act shall apply to any use of Digital Interface Abilities that:
(1) Involves systems or data transmitted across state lines;
(2) Affects interstate commerce; or
(3) Involves federally regulated industries or institutions.
(b) States may enact complementary legislation provided such laws do not conflict with or diminish federal requirements established herein.
(a) Nothing in this Act shall be construed to supersede existing federal privacy protections, including but not limited to those contained in:
(1) The Health Insurance Portability and Accountability Act;
(2) The Gramm-Leach-Bliley Act;
(3) The Children's Online Privacy Protection Act; or
(4) The Electronic Communications Privacy Act.
(b) This Act shall be interpreted as complementary to the Computer Fraud and Abuse Act, providing specific provisions for metahuman abilities not explicitly covered therein.
(a) The National Superhuman Response Agency shall serve as the primary regulatory authority for implementation of this Act.
(b) The Department of Justice shall have primary enforcement responsibility, in coordination with the NSRA and the Federal Bureau of Investigation.
(c) The NSRA shall submit annual reports to Congress on implementation progress, enforcement actions, and emerging technological developments requiring potential legislative updates.
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act for fiscal years 2014 through 2019.
