ECONOMIC ESPIONAGE ACT OF 1996 (PUB. L. 104-294)

Annual Report on Use of Certain Technology to Facilitate Criminal Conduct. Pub.L. 104–294, Title V, § 501, Oct. 11, 1996, 110 Stat. 3497 [also classified to 18 U.S.C. § 3552 note], provided:

“Sec. 501. Use of Certain Technology to Facilitate Criminal Conduct.

(a) Information.—The Administrative Office of the United States courts shall establish policies and procedures for the inclusion in all presentence reports of information that specifically identifies and describes any use of encryption or scrambling technology that would be relevant to an enhancement under section 3C1.1 (dealing with Obstructing or Impeding the Administration of Justice) of the Sentencing Guidelines or to offense conduct under the Sentencing Guidelines.

(b) Compiling and Report.—The United States Sentencing Commission shall—

(1) compile and analyze any information contained in documentation described in subsection (a) relating to the use of encryption or scrambling technology to facilitate or conceal criminal conduct; and

(2) based on the information compiled and analyzed under paragraph (1), annually report to the Congress on the nature and extent of the use of encryption or scrambling technology to facilitate or conceal criminal conduct.”

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