Any person who uses a computer or computer network, without authority and:

1. Obtains property or services by false pretenses;

2. Embezzles or commits larceny; or

3. Converts the property of another;

is guilty of the crime of computer fraud.

If the value of the property or services obtained is $500 or more, the crime of computer fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $500, the crime of computer fraud shall be punishable as a Class 1 misdemeanor.

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§ 18.2-152.3:1. Transmission of unsolicited commercial electronic mail (spam); penalty.
A. Any person who:

1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of spam through or into the computer network of an electronic mail service provider or its subscribers; or

2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of the transmission information or other routing information of spam; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of the transmission information or other routing information of spam; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of the transmission information or other routing information of spam is guilty of a Class 1 misdemeanor.

B. Any person who commits a violation of subdivision A 1 when (i) the volume of spam transmitted exceeded 10,000 attempted recipients in any 24-hour time period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period or (ii) revenue generated from a specific transmission of spam exceeded $1,000 or the total revenue generated from all spam transmitted to any EMSP exceeded $50,000, is guilty of a Class 6 felony.

C. Any person who knowingly hires, employs, uses, or permits any minor to assist in the transmission of spam in violation of subsection B is guilty of a Class 6 felony.

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§ 18.2-152.4. Computer trespass; penalty.
A. It shall be unlawful for any person, with malicious intent, to:

1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs or computer software from a computer or computer network;

2. Cause a computer to malfunction, regardless of how long the malfunction persists;

3. Alter, disable, or erase any computer data, computer programs or computer software;

4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;

5. Use a computer or computer network to cause physical injury to the property of another;

6. Use a computer or computer network to make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs or computer software residing in, communicated by, or produced by a computer or computer network;

7. [Repealed.]

8. Install or cause to be installed, or collect information through, computer software that records all or a majority of the keystrokes made on the computer of another without the computer owner's authorization; or

9. Install or cause to be installed on the computer of another, computer software for the purpose of (i) taking control of that computer so that it can cause damage to another computer or (ii) disabling or disrupting the ability of the computer to share or transmit instructions or data to other computers or to any related computer equipment or devices, including but not limited to printers, scanners, or fax machines.

B. Any person who violates this section is guilty of computer trespass, which shall be a Class 1 misdemeanor. Any person who violates this section for the purposes of affecting a computer that is exclusively for the use of, or exclusively used by or for, (i) the Commonwealth or any local government within the Commonwealth or any department or agency thereof or (ii) a provider of telephone, including wireless or voice over Internet protocol, oil, electric, gas, sewer, wastewater, or water service to the public is guilty of a Class 6 felony. If there is damage to the property of another valued at $1,000 or more caused by such person's act in violation of this section, the offense shall be a Class 6 felony. If a person installs or causes to be installed computer software in violation of this section on more than five computers of another, the offense shall be a Class 6 felony. If a person violates subdivision A 8, the offense shall be a Class 6 felony.

C. Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a Virginia-based electronic mail service provider to prevent the transmission of unsolicited electronic mail in violation of this article. Nothing in this section shall be construed to prohibit the monitoring of computer usage of, the otherwise lawful copying of data of, or the denial of computer or Internet access to a minor by a parent or legal guardian of the minor.

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§ 18.2-152.5. Computer invasion of privacy; penalties.
A. A person is guilty of the crime of computer invasion of privacy when he uses a computer or computer network and intentionally examines without authority any employment, salary, credit or any other financial or identifying information, as defined in clauses (iii) through (xiii) of subsection C of § 18.2-186.3, relating to any other person. "Examination" under this section requires the offender to review the information relating to any other person after the time at which the offender knows or should know that he is without authority to view the information displayed.

B. The crime of computer invasion of privacy shall be punishable as a Class 1 misdemeanor.

C. Any person who violates this section after having been previously convicted of a violation of this section or any substantially similar laws of any other state or of the United States is guilty of a Class 6 felony.

D. Any person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony.

E. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 6 felony.

F. This section shall not apply to any person collecting information that is reasonably needed to (i) protect the security of a computer, computer service, or computer business, or to facilitate diagnostics or repair in connection with such computer, computer service, or computer business or (ii) determine whether the computer user is licensed or authorized to use specific computer software or a specific computer service.

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§ 18.2-152.5:1. Using a computer to gather identifying information; penalties.
A. It is unlawful for any person, other than a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, to use a computer to obtain, access, or record, through the use of material artifice, trickery or deception, any identifying information, as defined in clauses (iii) through (xiii) of subsection C of § 18.2-186.3. Any person who violates this section is guilty of a Class 6 felony.

B. Any person who violates this section and sells or distributes such information to another is guilty of a Class 5 felony.

C. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 5 felony.

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§ 18.2-152.6. Theft of computer services; penalties.
Any person who willfully obtains computer services without authority is guilty of the crime of theft of computer services, which shall be punishable as a Class 1 misdemeanor. If the theft of computer services is valued at $2,500 or more, he is guilty of a Class 6 felony.

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§ 18.2-152.7. Personal trespass by computer; penalty.
A. A person is guilty of the crime of personal trespass by computer when he uses a computer or computer network to cause physical injury to an individual.

B. If committed maliciously, the crime of personal trespass by computer shall be punishable as a Class 3 felony. If such act is done unlawfully but not maliciously, the crime of personal trespass by computer shall be punishable as a Class 6 felony.

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§ 18.2-152.7:1. Harassment by computer; penalty.
If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.

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§ 18.2-152.8. Property capable of embezzlement.
For purposes of §§ 18.2-95, 18.2-96, 18.2-108, and 18.2-111, personal property subject to embezzlement, larceny, or receiving stolen goods shall include:

1. Computers and computer networks;

2. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:

a. Tangible or intangible;

b. In a format readable by humans or by a computer;

c. In transit between computers or within a computer network or between any devices which comprise a computer; or

d. Located on any paper or in any device on which it is stored by a computer or by a human; and

3. Computer services.

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§ 18.2-152.12. Civil relief; damages.
A. Any person whose property or person is injured by reason of a violation of any provision of this article or by any act of computer trespass set forth in subdivisions A 1 through A 8 of § 18.2-152.4 regardless of whether such act is committed with malicious intent may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, "damages" shall include loss of profits.

B. If the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider's website, the injured person, other than an electronic mail service provider, may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each and every spam message transmitted in violation of this article, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the spam over its computer network. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.

C. If the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider's website, an injured electronic mail service provider may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover $1 for each and every intended recipient of a spam message where the intended recipient is an end user of the EMSP or $25,000 for each day an attempt is made to transmit a spam message to an end user of the EMSP. In calculating the statutory damages under this provision, the court may adjust the amount awarded as necessary, but in doing so shall take into account the number of complaints to the EMSP generated by the defendant's messages, the defendant's degree of culpability, the defendant's prior history of such conduct, and the extent of economic gain resulting from the conduct. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.

D. At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party and in such a way as to protect the privacy of nonparties who complain about violations of this section.

E. The provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

F. A civil action under this section must be commenced before expiration of the time period prescribed in § 8.01-40.1. In actions alleging injury arising from the transmission of spam, personal jurisdiction may be exercised pursuant to § 8.01-328.1.

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§ 18.2-152.14. Computer as instrument of forgery.
The creation, alteration, or deletion of any computer data contained in any computer or computer network, which if done on a tangible document or instrument would constitute forgery under Article 1 (§ 18.2-168 et seq.) of Chapter 6 of this Title, will also be deemed to be forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to any crime set forth in Article 1 (§ 18.2-168 et seq.) of Chapter 6 of this Title if a creation, alteration, or deletion of computer data was involved in lieu of a tangible document or instrument.

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§ 18.2-152.15. Encryption used in criminal activity.
Any person who willfully uses encryption to further any criminal activity shall be guilty of an offense which is separate and distinct from the predicate criminal activity and punishable as a Class 1 misdemeanor.

"Encryption" means the enciphering of intelligible data into unintelligible form or the deciphering of unintelligible data into intelligible form.

50 U.S. Code § 1802 - Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal;...of communication common carrier; applications; jurisdiction of court

 

(a)
(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—
(A) the electronic surveillance is solely directed at—
(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801(a)(1), (2), or (3) of this title; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title;
(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) of this title; and
if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
(2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General’s certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 1808(a) of this title.
(3) The Attorney General shall immediately transmit under seal to the court established under section 1803(a) of this title a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless—
(A) an application for a court order with respect to the surveillance is made under sections 1801(h)(4) and 1804 of this title; or
(B) the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.
(4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to—
(A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and
(B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain.
The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.
(b) Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the court having jurisdiction under section 1803 of this title, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 1805 of this title, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person.

 

Unlawful Access to Stored Communications—18 U.S.C. § 2701

The 1986 Act added new statutory provisions, 18 U.S.C. §§ 2701 to 2710, to protect the privacy of stored electronic communications, either before such a communication is transmitted to the recipient, or, if a copy of the message is kept, after it is delivered. These provisions focus on technologies such as electronic mail and computer transmissions, where copies of the messages are kept. Electronic storage is defined in 18 U.S.C. § 2510(17) as both any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof and the storage of such communication by an electronic communication service for purposes of backup protection of such communication.

Section 2701 of Title 18 makes it an offense to either (a) intentionally access, without authorization, a facility through which an electronic communication service is provided; or (b) intentionally exceed the authorization of such facility; and as a result of this conduct, obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage in such a system. 18 U.S.C. § 2701(a). This section covers "electronic mail" service, which permits a sender to transmit a digital message to the service's facility, where it is held in storage until the addressee requests it, U.S.C. § 2701, as well as "voice mail" service.

This provision is intended to address "computer hackers" and corporate spies. The provision is not intended to criminalize access to "electronic bulletin boards," which are generally open to the public. A communication will be found to be readily accessible to the general public if the telephone number of the system and other means of access are widely known, and if a person does not, in the course of gaining access, encounter any warnings, encryptions, password requests, or other indicia of intended privacy. To access a communication on such a system is not a violation of the law. 18 U.S.C. § 2701(a).

If a violation of 18 U.S.C. § 2701(a) was committed for commercial advantage, malicious destruction or damage, or private financial gain, the violator could receive up to a year in prison and a fine as provided by Title 18, United States Code, for the first offense and up to two years imprisonment and a fine as provided by Title 18 for a second or subsequent offense. In all other cases, a jail term of up to six months and a fine under Title 18 could be imposed. 18 U.S.C. § 2701(b)(2).

18 U.S.C. §§ 2701-2711

§ 2701. Unlawful Access to Stored Communications

(a) Offense - Except as provided in subsection (c) of this section whoever -

(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or

(2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.

(b) Punishment - The punishment for an offense under subsection (a) of this subsection is -

(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain -

(A) a fine under this title or imprisonment for not more than one year, or both, in the case of a first offense under this subparagraph; and

(B) a fine under this title or imprisonment for not more than two years, or both, for any subsequent offense under this subparagraph; and

(2) a fine under this title or imprisonment for not more than six months, or both, in any other case.

(c) Exceptions - Subsection (a) of this section does not apply with respect to conduct authorized -

(1) by the person or entity providing a wire or electronic communications service;

(2) by a user of that service with respect to a communication of or intended for that user; or

(3) in section 2703, 2704 or 2518 of this title.

§ 2702. Disclosure of Contents

(a) Prohibitions - Except as provided in subsection (b) -

(1) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and

(2) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service -

(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; and

(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.

(b) Exceptions - A person or entity may divulge the contents of a communication -

(1) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;

(2) as otherwise authorized in section 2517, 2511(2)(a), or 2703 of this title;

(3) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service;

(4) to a person employed or authorized or whose facilities are used to forward such communication to its destination;

(5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or

(6) to a law enforcement agency -

(A) if such contents -

(i) were inadvertently obtained by the service provider; and
(ii) appear to pertain to the commission of a crime.
(B) if required by section 227 of the Crime Control Act of 1990.

§ 2703. Requirements for Governmental Access

(a) Contents of Electronic Communications in Electronic Storage - A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of an electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section.

(b) Contents of Electronic Communications in a Remote Computing Service -

(1) A governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection -

(A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant; or

(B) with prior notice from the governmental entity to the subscriber or customer if the governmental entity -
(i) uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena; or
(ii) obtains a court order for such disclosure under subsection (d) of this section;

except that delayed notice may be given pursuant to section 2705 of this title.

(2) Paragraph (1) is applicable with respect to any electronic communication that is held or maintained on that service -

(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and

(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purpose of providing any services other than storage or computer processing.

(c) Records Concerning Electronic Communication Service or Remote Computing Service -

(1)(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to any person other than a governmental entity.

(B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity only when the governmental entity -
(i) obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant;
(ii) obtains a court order for such disclosure under subsection (d) of this section;
(iii) has the consent of the subscriber or customer to such disclosure; or
(iv) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of such provider, which subscriber or customer is engaged in telemarketing (as such term is defined in section 2325 of this title).
(C) A provider of electronic communication service or remote computing service shall disclose to a governmental entity the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, when the governmental entity uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena or any means available under subparagraph (B).

(2) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.

(d) Requirements for Court Order - A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction described in section 3127(2)(A) and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. In the case of a State governmental authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.

(e) No Cause of Action Against a Provider Disclosing Information Under This Chapter - No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under this chapter.

(f) Requirement To Preserve Evidence -

(1) In general. - A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process.

(2) Period of retention - Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90 day period upon a renewed request by the governmental entity. §2704. Backup Preservation

(a) Backup Preservation -

(1) A governmental entity acting under section 2703(b)(2) may include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications. Without notifying the subscriber or customer of such subpoena or court order, such service provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order.

(2) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation, unless such notice is delayed pursuant to section 2705(a).

(3) The service provider shall not destroy such backup copy until the later of -

(A) the delivery of the information; or

(B) the resolution of any proceedings (including appeals of any proceeding) concerning the government's subpoena or court order.

(4) The service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer if such service provider -

(A) has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request; and

(B) has not initiated proceedings to challenge the request of the governmental entity. (5) A governmental entity may seek to require the creation of a backup copy under subsection (a)(1) of this section if in its sole discretion such entity determines that there is reason to believe that notification under section 2703 of this title of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination is not subject to challenge by the subscriber or customer or service provider.

(b) Customer Challenges -

(1) Within fourteen days after notice by the governmental entity to the subscriber or customer under subsection (a)(2) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon the governmental entity and with written notice of such challenge to the service provider. A motion to vacate a court order shall be filed in the court which issued such order. A motion to quash a subpoena shall be filed in the appropriate United States district court or State court. Such motion or application shall contain an affidavit or sworn statement -

(A) stating that the application is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought; and

(B) stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect.

(2) Service shall be made under this section upon a governmental entity by delivering or mailing by registered or certified mail a copy of the papers to the person, office, or department specified in the notice which the customer has received pursuant to this chapter. For the purposes of this section, the term "delivery" has the meaning given that term in the Federal Rules of Civil Procedure.

(3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties' initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity's response.

(4) If the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained, or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained, and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry, or that there has not been substantial compliance with the provisions of this chapter, it shall order the process quashed.

(5) A court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer. §2705. Delayed Notice

(a) Delay of Notification -

(1) A governmental entity acting under section 2703(b) of this title may -

(A) where a court order is sought, include in the application a request, which the court shall grant, for an order delaying the notification required under section 2703(b) of this title for a period not to exceed ninety days, if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result described in paragraph (2) of this subsection; or

(B) where an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury subpoena is obtained, delay the notification required under section 2703(b) of this title for a period not to exceed ninety days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in paragraph (2) of this subsection.

(2) An adverse result for the purposes of paragraph (1) of this subsection is -

(A) endangering the life or physical safety of an individual;

(B) flight from prosecution;

(C) destruction of or tampering with evidence;

(D) intimidation of potential witnesses; or

(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

(3) The governmental entity shall maintain a true copy of certification under paragraph (1)(B).

(4) Extensions of the delay of notification provided in section 2703 of up to ninety days each may be granted by the court upon application, or by certification by a governmental entity, but only in accordance with subsection (b) of this section.

(5) Upon expiration of the period of delay of notification under paragraph (1) or (4) of this subsection, the governmental entity shall serve upon, or deliver by registered or first-class mail to, the customer or subscriber a copy of the process or request together with notice that -

(A) states with reasonable specificity the nature of the law enforcement inquiry; and

(B) informs such customer or subscriber -
(i) that information maintained for such customer or subscriber by the service provider named in such process or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place;
(ii) that notification of such customer or subscriber was delayed;
(iii) what governmental entity or court made the certification or determination pursuant to which that delay was made; and
(iv) which provision of this chapter allowed such delay.
(6) As used in this subsection, the term "supervisory official" means the investigative agent in charge or assistant investigative agent in charge or an equivalent of an investigating agency's headquarters or regional office, or the chief prosecuting attorney or the first assistant prosecuting attorney or an equivalent of a prosecuting attorney's headquarters or regional office.

(b) Preclusion of Notice to Subject of Governmental Access - A governmental entity acting under section 2703, when it is not required to notify the subscriber or customer under section 2703(b)(1), or to the extent that it may delay such notice pursuant to subsection (a) of this section, may apply to a court for an order commanding a provider of electronic communications service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in -

(1) endangering the life or physical safety of an individual;

(2) flight from prosecution;

(3) destruction of or tampering with evidence;

(4) intimidation of potential witnesses; or

(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

§2706. Cost Reimbursement

(a) Payment - Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.

(b) Amount - The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).

(c) Exception - The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 2703 of this title. The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.

§ 2707. Civil Action

(a) Cause of Action - Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate.

(b) Relief - In a civil action under this section, appropriate relief includes -

(1) such preliminary and other equitable or declaratory relief as may be appropriate;

(2) damages under subsection (c); and

(3) a reasonable attorney's fee and other litigation costs reasonably incurred.

(c) Damages - The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000. If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney fees determined by the court.

(d) Disciplinary Actions for Violations - If a court determines that any agency or department of the United States has violated this chapter and the court finds that the circumstances surrounding the violation raise the question whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department concerned shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee.

(e) Defense - A good faith reliance on -

(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization;

(2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or

(3) a good faith determination that section 2511(3) of this title permitted the conduct complained of;

is a complete defense to any civil or criminal action brought under this chapter or any other law.

(f) Limitation - A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

§ 2708. Exclusivity of Remedies

The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.

§2709. Counterintelligence Access to Telephone Toll and Transactional Records

(a) Duty to Provide - A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation under subsection (b) of this section.

(b) Required Certification - The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director, may -

(1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that -

(A) the name address, length of service, and toll billing records sought are relevant to an authorized foreign counterintelligence investigation; and

(B) there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and

(2) request the name, address, and length of service of a person or entity if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that -

(A) the information sought is relevant to an authorized foreign counterintelligence investigation; and

(B) there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with -

(i) an individual who is engaging or has engaged international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States; or
(ii) a foreign power or an agent of a foreign power under circumstances giving reason to believe that the communication concerned international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States.
(c) Prohibition of Certain Disclosure - No wire or electronic communication service provider, or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under this section.

(d) Dissemination by Bureau - The Federal Bureau of Investigation may disseminate information and records obtained under this section only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintelligence investigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency.

(e) Requirement That Certain Congressional Bodies Be Informed - On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all requests made under subsection (b) of this section.

§ 2710. Wrongful Disclosure of Video Tape Rental or Sale Records

(a) Definitions - For purposes of this section -

(1) the term "consumer" means any renter, purchaser, or subscriber of goods or services from a video tape service provider;

(2) the term "ordinary course of business" means only debt collection activities, order fulfillment, request processing, and the transfer of ownership;

(3) the term "personally identifiable information" includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and (4) the term "video tape service provider" means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure.

(b) Video Tape Rental and Sale Records -

(1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d);

(2) A video tape service provided may disclose personally identifiable information concerning any consumer -

(A) to the consumer;

(B) to any person with the informed, written consent of the consumer given at the time the disclosure is sought;

(C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order;

(D) to any person if the disclosure is solely of the names and addresses of consumers and if -

(i) the video tape service provider had provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure; and
(ii) the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material; however, the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer;
(E) to any person if the disclosure is incident to the ordinary course of business of the video taper service provider; or

(F) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if -
(i) the consumer is given reasonable notice, by the person seeking the disclosure of the court proceeding relevant to the issuance of the court order; and
(ii) the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure. If an order is granted pursuant to subparagraph (C) or (F), the court shall impose appropriate safeguards against unauthorized disclosure.
(3) Court orders authorizing disclosure under subparagraph (C) shall issue only with prior notice to the consumer and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the video tape service provider, may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such provider.

(c) Civil Action -

(1) Any person aggrieved by any act of a person in violation of this section may bring a civil action in a United States district court.

(2) The court may award -

(A) actual damage but not less than liquidated damages in an amount of $2,500;

(B) punitive damages;

(C) reasonable attorneys' fees and other litigation costs reasonably incurred; and

(D) such other preliminary and equitable relief as the court determines to be appropriate.

(3) No action may be brought under this subsection unless such action is begun within 2 years from the date of the act complained of or the date of discovery.

(4) No liability shall result from lawful disclosure permitted by this section.

(d) Personally Identifiable Information - Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State or a political subdivision of a State.

(e) Destruction of Old Records - A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (b)(2) or (c)(2) or pursuant to a court order.

(f) Preemption - The provisions of this section preempt only the provisions of State or local law that require disclosure prohibited by this section.

¶ 2711. Definition for chapter

As used in this chapter-

(1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section; and

(2) the term "remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communication system.

 

Electronic Communications Privacy Act (ECPA) - Partial

§2511. Interception and disclosure of wire, oral, or electronic communications prohibited
(1) Except as otherwise specifically provided in this chapter any person who-
(a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
(b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when-
(i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the transmission of such communication; or
(iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or
(iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or
(v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;

(c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or
(e)(i) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter, (ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation,

shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5).
(2)(a)(i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
(ii) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with-
(A) a court order directing such assistance or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 signed by the authorizing judge, or
(B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required,

setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this chapter, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order, statutory authorization, or certification under this chapter.
(iii) If a certification under subparagraph (ii)(B) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision and shall certify that the statutory requirements have been met.
(b) It shall not be unlawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.
(c) It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
(e) Notwithstanding any other provision of this title or section 705 or 706 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act.
(f) Nothing contained in this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.
(g) It shall not be unlawful under this chapter or chapter 121 of this title for any person-
(i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(ii) to intercept any radio communication which is transmitted-
(I) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(II) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
(III) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
(IV) by any marine or aeronautical communications system;

(iii) to engage in any conduct which-
(I) is prohibited by section 633 of the Communications Act of 1934; or
(II) is excepted from the application of section 705(a) of the Communications Act of 1934 by section 705(b) of that Act;

(iv) to intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or
(v) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.

(h) It shall not be unlawful under this chapter-
(i) to use a pen register or a trap and trace device (as those terms are defined for the purposes of chapter 206 (relating to pen registers and trap and trace devices) of this title); or
(ii) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service.

(i) It shall not be unlawful under this chapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if-
(I) the owner or operator of the protected computer authorizes the interception of the computer trespasser's communications on the protected computer;
(II) the person acting under color of law is lawfully engaged in an investigation;
(III) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser's communications will be relevant to the investigation; and
(IV) such interception does not acquire communications other than those transmitted to or from the computer trespasser.

(j) It shall not be unlawful under this chapter for a provider of electronic communication service to the public or remote computing service to intercept or disclose the contents of a wire or electronic communication in response to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.
(3)(a) Except as provided in paragraph (b) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.
(b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication-
(i) as otherwise authorized in section 2511(2)(a) or 2517 of this title;
(ii) with the lawful consent of the originator or any addressee or intended recipient of such communication;
(iii) to a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or
(iv) which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.

(4)(a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both.
(b) Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted-
(i) to a broadcasting station for purposes of retransmission to the general public; or
(ii) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls,

is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.
(5)(a)(i) If the communication is-
(A) a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this chapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or
(B) a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of this chapter is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain,

then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction.
(ii) In an action under this subsection-
(A) if the violation of this chapter is a first offense for the person under paragraph (a) of subsection (4) and such person has not been found liable in a civil action under section 2520 of this title, the Federal Government shall be entitled to appropriate injunctive relief; and
(B) if the violation of this chapter is a second or subsequent offense under paragraph (a) of subsection (4) or such person has been found liable in any prior civil action under section 2520, the person shall be subject to a mandatory $500 civil fine.

    18 USC Sec. 1030                                           

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1030. Fraud and related activity in connection with computers

STATUTE

      (a) Whoever -
        (1) having knowingly accessed a computer without authorization
      or exceeding authorized access, and by means of such conduct
      having obtained information that has been determined by the
      United States Government pursuant to an Executive order or
      statute to require protection against unauthorized disclosure for
      reasons of national defense or foreign relations, or any
      restricted data, as defined in paragraph y. of section 11 of the
      Atomic Energy Act of 1954, with reason to believe that such
      information so obtained could be used to the injury of the United
      States, or to the advantage of any foreign nation willfully
      communicates, delivers, transmits, or causes to be communicated,
      delivered, or transmitted, or attempts to communicate, deliver,
      transmit or cause to be communicated, delivered, or transmitted
      the same to any person not entitled to receive it, or willfully
      retains the same and fails to deliver it to the officer or
      employee of the United States entitled to receive it;
        (2) intentionally accesses a computer without authorization or
      exceeds authorized access, and thereby obtains -
          (A) information contained in a financial record of a
        financial institution, or of a card issuer as defined in
        section 1602(n) of title 15, or contained in a file of a
        consumer reporting agency on a consumer, as such terms are
        defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et
        seq.);
          (B) information from any department or agency of the United
        States; or
          (C) information from any protected computer;
        (3) intentionally, without authorization to access any
      nonpublic computer of a department or agency of the United
      States, accesses such a computer of that department or agency
      that is exclusively for the use of the Government of the United
      States or, in the case of a computer not exclusively for such
      use, is used by or for the Government of the United States and
      such conduct affects that use by or for the Government of the
      United States;
        (4) knowingly and with intent to defraud, accesses a protected
      computer without authorization, or exceeds authorized access, and
      by means of such conduct furthers the intended fraud and obtains
      anything of value, unless the object of the fraud and the thing
      obtained consists only of the use of the computer and the value
      of such use is not more than $5,000 in any 1-year period;
        (5)(A) knowingly causes the transmission of a program,
      information, code, or command, and as a result of such conduct,
      intentionally causes damage without authorization, to a protected
      computer;
        (B) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, recklessly causes
      damage; or
        (C) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, causes damage and
      loss.(!1)
        (6) knowingly and with intent to defraud traffics (as defined
      in section 1029) in any password or similar information through
      which a computer may be accessed without authorization, if -
          (A) such trafficking affects interstate or foreign commerce;
        or
          (B) such computer is used by or for the Government of the
        United States; (!2)
        (7) with intent to extort from any person any money or other
      thing of value, transmits in interstate or foreign commerce any
      communication containing any -
          (A) threat to cause damage to a protected computer;
          (B) threat to obtain information from a protected computer
        without authorization or in excess of authorization or to
        impair the confidentiality of information obtained from a
        protected computer without authorization or by exceeding
        authorized access; or
          (C) demand or request for money or other thing of value in
        relation to damage to a protected computer, where such damage
        was caused to facilitate the extortion;
    shall be punished as provided in subsection (c) of this section.
      (b) Whoever conspires to commit or attempts to commit an offense
    under subsection (a) of this section shall be punished as provided
    in subsection (c) of this section.
      (c) The punishment for an offense under subsection (a) or (b) of
    this section is -
        (1)(A) a fine under this title or imprisonment for not more
      than ten years, or both, in the case of an offense under
      subsection (a)(1) of this section which does not occur after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph; and
        (B) a fine under this title or imprisonment for not more than
      twenty years, or both, in the case of an offense under subsection
      (a)(1) of this section which occurs after a conviction for
      another offense under this section, or an attempt to commit an
      offense punishable under this subparagraph;
        (2)(A) except as provided in subparagraph (B), a fine under
      this title or imprisonment for not more than one year, or both,
      in the case of an offense under subsection (a)(2), (a)(3), or
      (a)(6) of this section which does not occur after a conviction
      for another offense under this section, or an attempt to commit
      an offense punishable under this subparagraph;
        (B) a fine under this title or imprisonment for not more than 5
      years, or both, in the case of an offense under subsection
      (a)(2), or an attempt to commit an offense punishable under this
      subparagraph, if -
          (i) the offense was committed for purposes of commercial
        advantage or private financial gain;
          (ii) the offense was committed in furtherance of any criminal
        or tortious act in violation of the Constitution or laws of the
        United States or of any State; or
          (iii) the value of the information obtained exceeds $5,000;
        and
        (C) a fine under this title or imprisonment for not more than
      ten years, or both, in the case of an offense under subsection
      (a)(2), (a)(3) or (a)(6) of this section which occurs after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph;
        (3)(A) a fine under this title or imprisonment for not more
      than five years, or both, in the case of an offense under
      subsection (a)(4) or (a)(7) of this section which does not occur
      after a conviction for another offense under this section, or an
      attempt to commit an offense punishable under this subparagraph;
      and
        (B) a fine under this title or imprisonment for not more than
      ten years, or both, in the case of an offense under subsection
      (a)(4),(!3) or (a)(7) of this section which occurs after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph;
        (4)(A) except as provided in subparagraphs (E) and (F), a fine
      under this title, imprisonment for not more than 5 years, or
      both, in the case of -
          (i) an offense under subsection (a)(5)(B), which does not
        occur after a conviction for another offense under this
        section, if the offense caused (or, in the case of an attempted
        offense, would, if completed, have caused) -
            (I) loss to 1 or more persons during any 1-year period
          (and, for purposes of an investigation, prosecution, or other
          proceeding brought by the United States only, loss resulting
          from a related course of conduct affecting 1 or more other
          protected computers) aggregating at least $5,000 in value;
            (II) the modification or impairment, or potential
          modification or impairment, of the medical examination,
          diagnosis, treatment, or care of 1 or more individuals;
            (III) physical injury to any person;
            (IV) a threat to public health or safety;
            (V) damage affecting a computer used by or for an entity of
          the United States Government in furtherance of the
          administration of justice, national defense, or national
          security; or
            (VI) damage affecting 10 or more protected computers during
          any 1-year period; or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (B) except as provided in subparagraphs (E) and (F), a fine
      under this title, imprisonment for not more than 10 years, or
      both, in the case of -
          (i) an offense under subsection (a)(5)(A), which does not
        occur after a conviction for another offense under this
        section, if the offense caused (or, in the case of an attempted
        offense, would, if completed, have caused) a harm provided in
        subclauses (I) through (VI) of subparagraph (A)(i); or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (C) except as provided in subparagraphs (E) and (F), a fine
      under this title, imprisonment for not more than 20 years, or
      both, in the case of -
          (i) an offense or an attempt to commit an offense under
        subparagraphs (A) or (B) of subsection (a)(5) that occurs after
        a conviction for another offense under this section; or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (D) a fine under this title, imprisonment for not more than 10
      years, or both, in the case of -
          (i) an offense or an attempt to commit an offense under
        subsection (a)(5)(C) that occurs after a conviction for another
        offense under this section; or
          (ii) an attempt to commit an offense punishable under this
        subparagraph;
        (E) if the offender attempts to cause or knowingly or
      recklessly causes serious bodily injury from conduct in violation
      of subsection (a)(5)(A), a fine under this title, imprisonment
      for not more than 20 years, or both;
        (F) if the offender attempts to cause or knowingly or
      recklessly causes death from conduct in violation of subsection
      (a)(5)(A), a fine under this title, imprisonment for any term of
      years or for life, or both; or
        (G) a fine under this title, imprisonment for not more than 1
      year, or both, for -
          (i) any other offense under subsection (a)(5); or
          (ii) an attempt to commit an offense punishable under this
        subparagraph.
      (d)(1) The United States Secret Service shall, in addition to any
    other agency having such authority, have the authority to
    investigate offenses under this section.
      (2) The Federal Bureau of Investigation shall have primary
    authority to investigate offenses under subsection (a)(1) for any
    cases involving espionage, foreign counterintelligence, information
    protected against unauthorized disclosure for reasons of national
    defense or foreign relations, or Restricted Data (as that term is
    defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
    2014(y)), except for offenses affecting the duties of the United
    States Secret Service pursuant to section 3056(a) of this title.
      (3) Such authority shall be exercised in accordance with an
    agreement which shall be entered into by the Secretary of the
    Treasury and the Attorney General.
      (e) As used in this section -
        (1) the term "computer" means an electronic, magnetic, optical,
      electrochemical, or other high speed data processing device
      performing logical, arithmetic, or storage functions, and
      includes any data storage facility or communications facility
      directly related to or operating in conjunction with such device,
      but such term does not include an automated typewriter or
      typesetter, a portable hand held calculator, or other similar
      device;
        (2) the term "protected computer" means a computer -
          (A) exclusively for the use of a financial institution or the
        United States Government, or, in the case of a computer not
        exclusively for such use, used by or for a financial
        institution or the United States Government and the conduct
        constituting the offense affects that use by or for the
        financial institution or the Government; or
          (B) which is used in or affecting interstate or foreign
        commerce or communication, including a computer located outside
        the United States that is used in a manner that affects
        interstate or foreign commerce or communication of the United
        States;
        (3) the term "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, and any other commonwealth,
      possession or territory of the United States;
        (4) the term "financial institution" means -
          (A) an institution, with deposits insured by the Federal
        Deposit Insurance Corporation;
          (B) the Federal Reserve or a member of the Federal Reserve
        including any Federal Reserve Bank;
          (C) a credit union with accounts insured by the National
        Credit Union Administration;
          (D) a member of the Federal home loan bank system and any
        home loan bank;
          (E) any institution of the Farm Credit System under the Farm
        Credit Act of 1971;
          (F) a broker-dealer registered with the Securities and
        Exchange Commission pursuant to section 15 of the Securities
        Exchange Act of 1934;
          (G) the Securities Investor Protection Corporation;
          (H) a branch or agency of a foreign bank (as such terms are
        defined in paragraphs (1) and (3) of section 1(b) of the
        International Banking Act of 1978); and
          (I) an organization operating under section 25 or section
        25(a) (!4) of the Federal Reserve Act;
        (5) the term "financial record" means information derived from
      any record held by a financial institution pertaining to a
      customer's relationship with the financial institution;
        (6) the term "exceeds authorized access" means to access a
      computer with authorization and to use such access to obtain or
      alter information in the computer that the accesser is not
      entitled so to obtain or alter;
        (7) the term "department of the United States" means the
      legislative or judicial branch of the Government or one of the
      executive departments enumerated in section 101 of title 5;
        (8) the term "damage" means any impairment to the integrity or
      availability of data, a program, a system, or information;
        (9) the term "government entity" includes the Government of the
      United States, any State or political subdivision of the United
      States, any foreign country, and any state, province,
      municipality, or other political subdivision of a foreign
      country;
        (10) the term "conviction" shall include a conviction under the
      law of any State for a crime punishable by imprisonment for more
      than 1 year, an element of which is unauthorized access, or
      exceeding authorized access, to a computer;
        (11) the term "loss" means any reasonable cost to any victim,
      including the cost of responding to an offense, conducting a
      damage assessment, and restoring the data, program, system, or
      information to its condition prior to the offense, and any
      revenue lost, cost incurred, or other consequential damages
      incurred because of interruption of service; and
        (12) the term "person" means any individual, firm, corporation,
      educational institution, financial institution, governmental
      entity, or legal or other entity.
      (f) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a political
    subdivision of a State, or of an intelligence agency of the United
    States.
      (g) Any person who suffers damage or loss by reason of a
    violation of this section may maintain a civil action against the
    violator to obtain compensatory damages and injunctive relief or
    other equitable relief. A civil action for a violation of this
    section may be brought only if the conduct involves 1 of the
    factors set forth in subclauses (!5) (I), (II), (III), (IV), or (V)
    of subsection (c)(4)(A)(i). Damages for a violation involving only
    conduct described in subsection (c)(4)(A)(i)(I) are limited to
    economic damages. No action may be brought under this subsection
    unless such action is begun within 2 years of the date of the act
    complained of or the date of the discovery of the damage. No action
    may be brought under this subsection for the negligent design or
    manufacture of computer hardware, computer software, or firmware.
      (h) The Attorney General and the Secretary of the Treasury shall
    report to the Congress annually, during the first 3 years following
    the date of the enactment of this subsection, concerning
    investigations and prosecutions under subsection (a)(5).
      (i)(1) The court, in imposing sentence on any person convicted of
    a violation of this section, or convicted of conspiracy to violate
    this section, shall order, in addition to any other sentence
    imposed and irrespective of any provision of State law, that such
    person forfeit to the United States -
        (A) such person's interest in any personal property that was
      used or intended to be used to commit or to facilitate the
      commission of such violation; and
        (B) any property, real or personal, constituting or derived
      from, any proceeds that such person obtained, directly or
      indirectly, as a result of such violation.
      (2) The criminal forfeiture of property under this subsection,
    any seizure and disposition thereof, and any judicial proceeding in
    relation thereto, shall be governed by the provisions of section
    413 of the Comprehensive Drug Abuse Prevention and Control Act of
    1970 (21 U.S.C. 853), except subsection (d) of that section.
      (j) For purposes of subsection (i), the following shall be
    subject to forfeiture to the United States and no property right
    shall exist in them:
        (1) Any personal property used or intended to be used to commit
      or to facilitate the commission of any violation of this section,
      or a conspiracy to violate this section.
        (2) Any property, real or personal, which constitutes or is
      derived from proceeds traceable to any violation of this section,
      or a conspiracy to violate this section (!6)

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 2102(a), Oct. 12, 1984, 98
    Stat. 2190; amended Pub. L. 99-474, Sec. 2, Oct. 16, 1986, 100
    Stat. 1213; Pub. L. 100-690, title VII, Sec. 7065, Nov. 18, 1988,
    102 Stat. 4404; Pub. L. 101-73, title IX, Sec. 962(a)(5), Aug. 9,
    1989, 103 Stat. 502; Pub. L. 101-647, title XII, Sec. 1205(e),
    title XXV, Sec. 2597(j), title XXXV, Sec. 3533, Nov. 29, 1990, 104
    Stat. 4831, 4910, 4925; Pub. L. 103-322, title XXIX, Sec. 290001(b)-
    (f), Sept. 13, 1994, 108 Stat. 2097-2099; Pub. L. 104-294, title
    II, Sec. 201, title VI, Sec. 604(b)(36), Oct. 11, 1996, 110 Stat.
    3491, 3508; Pub. L. 107-56, title V, Sec. 506(a), title VIII, Sec.
    814(a)-(e), Oct. 26, 2001, 115 Stat. 366, 382-384; Pub. L. 107-273,
    div. B, title IV, Secs. 4002(b)(1), (12), 4005(a)(3), (d)(3), Nov.
    2, 2002, 116 Stat. 1807, 1808, 1812, 1813; Pub. L. 107-296, title
    II, Sec. 225(g), Nov. 25, 2002, 116 Stat. 2158; Pub. L. 110-326,
    title II, Secs. 203, 204(a), 205-208, Sept. 26, 2008, 122 Stat.
    3561, 3563.)

REFERENCES IN TEXT

      Section 11 of the Atomic Energy Act of 1954, referred to in
    subsec. (a)(1), is classified to section 2014 of Title 42, The
    Public Health and Welfare.
      The Fair Credit Reporting Act, referred to in subsec. (a)(2)(A),
    is title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title
    VI, Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is
    classified generally to subchapter III (Sec. 1681 et seq.) of
    chapter 41 of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1601 of Title 15 and Tables.
      The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is
    Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is
    classified generally to chapter 23 (Sec. 2001 et seq.) of Title 12,
    Banks and Banking. For complete classification of this Act to the
    Code, see Short Title note set out under section 2001 of Title 12
    and Tables.
      Section 15 of the Securities Exchange Act of 1934, referred to in
    subsec. (e)(4)(F), is classified to section 78o of Title 15,
    Commerce and Trade.
      Section 1(b) of the International Banking Act of 1978, referred
    to in subsec. (e)(4)(H), is classified to section 3101 of Title 12,
    Banks and Banking.
      Section 25 of the Federal Reserve Act, referred to in subsec.
    (e)(4)(I), is classified to subchapter I (Sec. 601 et seq.) of
    chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act,
    which is classified to subchapter II (Sec. 611 et seq.) of chapter
    6 of Title 12, was renumbered section 25A of that act by Pub. L.
    102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.
      The date of the enactment of this subsection, referred to in
    subsec. (h), is the date of enactment of Pub. L. 103-322, which was
    approved Sept. 13, 1994.

AMENDMENTS

      2008 - Subsec. (a)(2)(C). Pub. L. 110-326, Sec. 203, struck out
    "if the conduct involved an interstate or foreign communication"
    after "computer".
      Subsec. (a)(5). Pub. L. 110-326, Sec. 204(a)(1), redesignated
    cls. (i) to (iii) of subpar. (A) as subpars. (A) to (C),
    respectively, substituted "damage and loss." for "damage; and" in
    subpar. (C), and struck out former subpar. (B) which read as
    follows:
      "(B) by conduct described in clause (i), (ii), or (iii) of
    subparagraph (A), caused (or, in the case of an attempted offense,
    would, if completed, have caused) -
        "(i) loss to 1 or more persons during any 1-year period (and,
      for purposes of an investigation, prosecution, or other
      proceeding brought by the United States only, loss resulting from
      a related course of conduct affecting 1 or more other protected
      computers) aggregating at least $5,000 in value;
        "(ii) the modification or impairment, or potential modification
      or impairment, of the medical examination, diagnosis, treatment,
      or care of 1 or more individuals;
        "(iii) physical injury to any person;
        "(iv) a threat to public health or safety; or
        "(v) damage affecting a computer system used by or for a
      government entity in furtherance of the administration of
      justice, national defense, or national security;".
      Subsec. (a)(7). Pub. L. 110-326, Sec. 205, amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: "with
    intent to extort from any person any money or other thing of value,
    transmits in interstate or foreign commerce any communication
    containing any threat to cause damage to a protected computer;".
      Subsec. (b). Pub. L. 110-326, Sec. 206, inserted "conspires to
    commit or" after "Whoever".
      Subsec. (c)(2)(A). Pub. L. 110-326, Sec. 204(a)(2)(A), struck out
    "(a)(5)(A)(iii)," after "(a)(3),".
      Subsec. (c)(3)(B). Pub. L. 110-326, Sec. 204(a)(2)(B), struck out
    "(a)(5)(A)(iii)," after "(a)(4),".
      Subsec. (c)(4). Pub. L. 110-326, Sec. 204(a)(2)(C), amended par.
    (4) generally. Prior to amendment, par. (4) related to fines and
    imprisonment for intentionally or recklessly causing damage to a
    protected computer without authorization.
      Subsec. (c)(5). Pub. L. 110-326, Sec. 204(a)(2)(D), struck out
    par. (5) which related to fine or imprisonment for knowingly or
    recklessly causing or attempting to cause serious bodily injury or
    death from certain conduct damaging a protected computer.
      Subsec. (e)(2)(B). Pub. L. 110-326, Sec. 207, inserted "or
    affecting" after "which is used in".
      Subsec. (g). Pub. L. 110-326, Sec. 204(a)(3)(B), in the third
    sentence, substituted "subsection (c)(4)(A)(i)(I)" for "subsection
    (a)(5)(B)(i)".
      Pub. L. 110-326, Sec. 204(a)(3)(A), which directed substitution
    of "in subclauses (I), (II), (III), (IV), or (V) of subsection
    (c)(4)(A)(i)" for "in clauses (i), (ii), (iii), (iv), or (v) of
    subsection (a)(5)(B)" in the second sentence, was executed by
    making the substitution for "in clause (i), (ii), (iii), (iv), or
    (v) of subsection (a)(5)(B)" to reflect the probable intent of
    Congress.
      Subsecs. (i), (j). Pub. L. 110-326, Sec. 208, added subsecs. (i)
    and (j).
      2002 - Subsec. (a)(5)(B). Pub. L. 107-273, Sec. 4005(a)(3),
    realigned margins.
      Subsec. (c)(2)(B). Pub. L. 107-273, Sec. 4002(b)(1), realigned
    margins.
      Subsec. (c)(2)(B)(iii). Pub. L. 107-273, Sec. 4002(b)(12)(A),
    inserted "and" at end.
      Subsec. (c)(3)(B). Pub. L. 107-273, Sec. 4005(d)(3), inserted
    comma after "(a)(4)".
      Subsec. (c)(4)(A), (C). Pub. L. 107-296, Sec. 225(g)(2), inserted
    "except as provided in paragraph (5)," before "a fine under this
    title".
      Subsec. (c)(5). Pub. L. 107-296, Sec. 225(g)(1), (3), (4), added
    par. (5).
      Subsec. (e)(4)(I). Pub. L. 107-273, Sec. 4002(b)(12)(B),
    substituted semicolon for period at end.
      2001 - Subsec. (a)(5)(A). Pub. L. 107-56, Sec. 814(a)(1)-(3),
    designated existing provisions as cl. (i), redesignated subpars.
    (B) and (C) as cls. (ii) and (iii), respectively, of subpar. (A),
    and inserted "and" at end of cl. (iii).
      Subsec. (a)(5)(B). Pub. L. 107-56, Sec. 814(a)(4), added subpar.
    (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
      Subsec. (a)(5)(C). Pub. L. 107-56, Sec. 814(a)(2), redesignated
    subpar. (C) as cl. (iii) of subpar. (A).
      Subsec. (a)(7). Pub. L. 107-56, Sec. 814(b), struck out ", firm,
    association, educational institution, financial institution,
    government entity, or other legal entity," before "any money or
    other thing of value".
      Subsec. (c)(2)(A). Pub. L. 107-56, Sec. 814(c)(1)(A), inserted
    "except as provided in subparagraph (B)," before "a fine",
    substituted "(a)(5)(A)(iii)" for "(a)(5)(C)", and struck out "and"
    at end.
      Subsec. (c)(2)(B). Pub. L. 107-56, Sec. 814(c)(1)(B), inserted
    "or an attempt to commit an offense punishable under this
    subparagraph," after "subsection (a)(2)," in introductory
    provisions.
      Subsec. (c)(2)(C). Pub. L. 107-56, Sec. 814(c)(1)(C), struck out
    "and" at end.
      Subsec. (c)(3). Pub. L. 107-56, Sec. 814(c)(2), struck out ",
    (a)(5)(A), (a)(5)(B)," after "subsection (a)(4)" in subpars. (A)
    and (B) and substituted "(a)(5)(A)(iii)" for "(a)(5)(C)" in subpar.
    (B).
      Subsec. (c)(4). Pub. L. 107-56, Sec. 814(c)(3), added par. (4).
      Subsec. (d). Pub. L. 107-56, Sec. 506(a), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "The
    United States Secret Service shall, in addition to any other agency
    having such authority, have the authority to investigate offenses
    under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and
    (a)(6) of this section. Such authority of the United States Secret
    Service shall be exercised in accordance with an agreement which
    shall be entered into by the Secretary of the Treasury and the
    Attorney General."
      Subsec. (e)(2)(B). Pub. L. 107-56, Sec. 814(d)(1), inserted ",
    including a computer located outside the United States that is used
    in a manner that affects interstate or foreign commerce or
    communication of the United States" before semicolon.
      Subsec. (e)(7). Pub. L. 107-56, Sec. 814(d)(2), struck out "and"
    at end.
      Subsec. (e)(8). Pub. L. 107-56, Sec. 814(d)(3), added par. (8)
    and struck out former par. (8) which read as follows: "the term
    'damage' means any impairment to the integrity or availability of
    data, a program, a system, or information, that -
        "(A) causes loss aggregating at least $5,000 in value during
      any 1-year period to one or more individuals;
        "(B) modifies or impairs, or potentially modifies or impairs,
      the medical examination, diagnosis, treatment, or care of one or
      more individuals;
        "(C) causes physical injury to any person; or
        "(D) threatens public health or safety; and".
      Subsec. (e)(10) to (12). Pub. L. 107-56, Sec. 814(d)(4), (5),
    added pars. (10) to (12).
      Subsec. (g). Pub. L. 107-56, Sec. 814(e), substituted "A civil
    action for a violation of this section may be brought only if the
    conduct involves 1 of the factors set forth in clause (i), (ii),
    (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a
    violation involving only conduct described in subsection
    (a)(5)(B)(i) are limited to economic damages." for "Damages for
    violations involving damage as defined in subsection (e)(8)(A) are
    limited to economic damages." and inserted at end "No action may be
    brought under this subsection for the negligent design or
    manufacture of computer hardware, computer software, or firmware."
      1996 - Subsec. (a)(1). Pub. L. 104-294, Sec. 201(1)(A),
    substituted "having knowingly accessed" for "knowingly accesses",
    "exceeding authorized access" for "exceeds authorized access",
    "such conduct having obtained information" for "such conduct
    obtains information", and "could be used to the injury of the
    United States" for "is to be used to the injury of the United
    States", struck out "the intent or" before "reason to believe", and
    inserted before semicolon at end "willfully communicates, delivers,
    transmits, or causes to be communicated, delivered, or transmitted,
    or attempts to communicate, deliver, transmit or cause to be
    communicated, delivered, or transmitted the same to any person not
    entitled to receive it, or willfully retains the same and fails to
    deliver it to the officer or employee of the United States entitled
    to receive it".
      Subsec. (a)(2). Pub. L. 104-294, Sec. 201(1)(B), inserted dash
    after "thereby obtains", redesignated remainder of par. (2) as
    subpar. (A), and added subpars. (B) and (C).
      Subsec. (a)(3). Pub. L. 104-294, Sec. 201(1)(C), inserted
    "nonpublic" before "computer of a department or agency", struck out
    "adversely" after "and such conduct", and substituted "that use by
    or for the Government of the United States" for "the use of the
    Government's operation of such computer".
      Subsec. (a)(4). Pub. L. 104-294, Sec. 201(1)(D), substituted
    "protected computer" for "Federal interest computer" and inserted
    "and the value of such use is not more than $5,000 in any 1-year
    period" before semicolon at end.
      Subsec. (a)(5). Pub. L. 104-294, Sec. 201(1)(E), inserted par.
    (5) and struck out former par. (5) which related to fraud in
    connection with computers in causing transmission of program,
    information, code, or command to a computer or computer system in
    interstate or foreign commerce which damages such system, program,
    information, or code, or causes a withholding or denial of use of
    hardware or software, or transmits viruses which causes damage in
    excess of $1,000 or more during any one-year period, or modifies or
    impairs medical examination, diagnosis, treatment or care of
    individuals.
      Subsec. (a)(5)(B)(ii)(II)(bb). Pub. L. 104-294, Sec.
    604(b)(36)(A), which directed insertion of "or" at end of subsec.,
    could not be executed because no subsec. (a)(5)(B)(ii)(II)(bb)
    existed subsequent to amendment by Pub. L. 104-294, Sec. 201(1)(E).
    See above.
      Subsec. (a)(7). Pub. L. 104-294, Sec. 201(1)(F), added par. (7).
      Subsec. (c)(1). Pub. L. 104-294, Sec. 201(2)(A), substituted
    "under this section" for "under such subsection" in subpars. (A)
    and (B).
      Subsec. (c)(1)(B). Pub. L. 104-294, Sec. 604(b)(36)(B), struck
    out "and" after semicolon at end.
      Subsec. (c)(2)(A). Pub. L. 104-294, Sec. 201(2)(B)(i), inserted
    ", (a)(5)(C)," after "(a)(3)" and substituted "under this section"
    for "under such subsection".
      Subsec. (c)(2)(B). Pub. L. 104-294, Sec. 201(2)(B)(iii), added
    subpar. (B). Former subpar. (B) redesignated (C).
      Subsec. (c)(2)(C). Pub. L. 104-294, Sec. 201(2)(B)(iv),
    substituted "under this section" for "under such subsection" and
    inserted "and" at end.
      Pub. L. 104-294, Sec. 201(2)(B)(ii), redesignated subpar. (B) as
    (C).
      Subsec. (c)(3)(A). Pub. L. 104-294, Sec. 201(2)(C)(i),
    substituted "(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)" for "(a)(4)
    or (a)(5)(A)" and "under this section" for "under such subsection".
      Subsec. (c)(3)(B). Pub. L. 104-294, Sec. 201(2)(C)(ii),
    substituted "(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)"
    for "(a)(4) or (a)(5)" and "under this section" for "under such
    subsection".
      Subsec. (c)(4). Pub. L. 104-294, Sec. 201(2)(D), struck out par.
    (4) which read as follows: "a fine under this title or imprisonment
    for not more than 1 year, or both, in the case of an offense under
    subsection (a)(5)(B)."
      Subsec. (d). Pub. L. 104-294, Sec. 201(3), inserted "subsections
    (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of" before
    "this section" in first sentence.
      Subsec. (e)(2). Pub. L. 104-294, Sec. 201(4)(A)(i), substituted
    "protected" for "Federal interest" in introductory provisions.
      Subsec. (e)(2)(A). Pub. L. 104-294, Sec. 201(4)(A)(ii),
    substituted "that use by or for the financial institution or the
    Government" for "the use of the financial institution's operation
    or the Government's operation of such computer".
      Subsec. (e)(2)(B). Pub. L. 104-294, Sec. 201(4)(A)(iii), added
    subpar. (B) and struck out former subpar. (B) which read as
    follows: "which is one of two or more computers used in committing
    the offense, not all of which are located in the same State;".
      Subsec. (e)(8), (9). Pub. L. 104-294, Sec. 201(4)(B)-(D), added
    pars. (8) and (9).
      Subsec. (g). Pub. L. 104-294, Sec. 604(b)(36)(C), substituted
    "violation of this section" for "violation of the section".
      Pub. L. 104-294, Sec. 201(5), struck out ", other than a
    violation of subsection (a)(5)(B)," before "may maintain a civil
    action" and substituted "involving damage as defined in subsection
    (e)(8)(A)" for "of any subsection other than subsection
    (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)".
      Subsec. (h). Pub. L. 104-294, Sec. 604(b)(36)(D), substituted
    "subsection (a)(5)" for "section 1030(a)(5) of title 18, United
    States Code" before period at end.
      1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 290001(f), inserted
    "adversely" before "affects the use of the Government's".
      Subsec. (a)(5). Pub. L. 103-322, Sec. 290001(b), amended par. (5)
    generally. Prior to amendment, par. (5) read as follows:
    "intentionally accesses a Federal interest computer without
    authorization, and by means of one or more instances of such
    conduct alters, damages, or destroys information in any such
    Federal interest computer, or prevents authorized use of any such
    computer or information, and thereby -
        "(A) causes loss to one or more others of a value aggregating
      $1,000 or more during any one year period; or
        "(B) modifies or impairs, or potentially modifies or impairs,
      the medical examination, medical diagnosis, medical treatment, or
      medical care of one or more individuals; or".
      Subsec. (c)(3)(A). Pub. L. 103-322, Sec. 290001(c)(2), inserted
    "(A)" after "(a)(5)".
      Subsec. (c)(4). Pub. L. 103-322, Sec. 290001(c)(1), (3), (4),
    added par. (4).
      Subsec. (g). Pub. L. 103-322, Sec. 290001(d), added subsec. (g).
      Subsec. (h). Pub. L. 103-322, Sec. 290001(e), added subsec. (h).
      1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 3533, substituted
    "paragraph y" for "paragraph r".
      Subsec. (e)(3). Pub. L. 101-647, Sec. 1205(e), inserted
    "commonwealth," before "possession or territory of the United
    States".
      Subsec. (e)(4)(G). Pub. L. 101-647, Sec. 2597(j)(2), which
    directed substitution of a semicolon for a period at end of subpar.
    (G), could not be executed because it ended with a semicolon.
      Subsec. (e)(4)(H), (I). Pub. L. 101-647, Sec. 2597(j), added
    subpars. (H) and (I).
      1989 - Subsec. (e)(4)(A). Pub. L. 101-73, Sec. 962(a)(5)(A),
    substituted "an institution," for "a bank".
      Subsec. (e)(4)(C) to (H). Pub. L. 101-73, Sec. 962(a)(5)(B), (C),
    redesignated subpars. (D) to (H) as (C) to (G), respectively, and
    struck out former subpar. (C) which read as follows: "an
    institution with accounts insured by the Federal Savings and Loan
    Insurance Corporation;".
      1988 - Subsec. (a)(2). Pub. L. 100-690 inserted a comma after
    "financial institution" and struck out the comma that followed a
    comma after "title 15".
      1986 - Subsec. (a). Pub. L. 99-474, Sec. 2(b)(2), struck out last
    sentence which read as follows: "It is not an offense under
    paragraph (2) or (3) of this subsection in the case of a person
    having accessed a computer with authorization and using the
    opportunity such access provides for purposes to which such access
    does not extend, if the using of such opportunity consists only of
    the use of the computer."
      Subsec. (a)(1). Pub. L. 99-474, Sec. 2(c), substituted "or
    exceeds authorized access" for ", or having accessed a computer
    with authorization, uses the opportunity such access provides for
    purposes to which such authorization does not extend".
      Subsec. (a)(2). Pub. L. 99-474, Sec. 2(a), (c), substituted
    "intentionally" for "knowingly", substituted "or exceeds authorized
    access" for ", or having accessed a computer with authorization,
    uses the opportunity such access provides for purposes to which
    such authorization does not extend", struck out "as such terms are
    defined in the Right to Financial Privacy Act of 1978 (12 U.S.C.
    3401 et seq.)," after "financial institution,", inserted "or of a
    card issuer as defined in section 1602(n) of title 15," and struck
    out "or" appearing at end.
      Subsec. (a)(3). Pub. L. 99-474, Sec. 2(b)(1), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "knowingly
    accesses a computer without authorization, or having accessed a
    computer with authorization, uses the opportunity such access
    provides for purposes to which such authorization does not extend,
    and by means of such conduct knowingly uses, modifies, destroys, or
    discloses information in, or prevents authorized use of, such
    computer, if such computer is operated for or on behalf of the
    Government of the United States and such conduct affects such
    operation;".
      Subsec. (a)(4) to (6). Pub. L. 99-474, Sec. 2(d), added pars. (4)
    to (6).
      Subsec. (b). Pub. L. 99-474, Sec. 2(e), struck out par. (1)
    designation and par. (2) which provided a penalty for persons
    conspiring to commit an offense under subsec. (a).
      Subsec. (c). Pub. L. 99-474, Sec. 2(f)(9), substituted "(b)" for
    "(b)(1)" in introductory text.
      Subsec. (c)(1)(A). Pub. L. 99-474, Sec. 2(f)(1), substituted
    "under this title" for "of not more than the greater of $10,000 or
    twice the value obtained by the offense".
      Subsec. (c)(1)(B). Pub. L. 99-474, Sec. 2(f)(2), substituted
    "under this title" for "of not more than the greater of $100,000 or
    twice the value obtained by the offense".
      Subsec. (c)(2)(A). Pub. L. 99-474, Sec. 2(f)(3), (4), substituted
    "under this title" for "of not more than the greater of $5,000 or
    twice the value obtained or loss created by the offense" and
    inserted reference to subsec. (a)(6).
      Subsec. (c)(2)(B). Pub. L. 99-474, Sec. 2(f)(3), (5)-(7),
    substituted "under this title" for "of not more than the greater of
    $10,000 or twice the value obtained or loss created by the
    offense", "not more than" for "not than", inserted reference to
    subsec. (a)(6), and substituted "; and" for the period at end of
    subpar. (B).
      Subsec. (c)(3). Pub. L. 99-474, Sec. 2(f)(8), added par. (3).
      Subsec. (e). Pub. L. 99-474, Sec. 2(g), substituted a dash for
    the comma after "As used in this section", realigned remaining
    portion of subsection, inserted "(1)" before "the term",
    substituted a semicolon for the period at the end, and added pars.
    (2) to (7).
      Subsec. (f). Pub. L. 99-474, Sec. 2(h), added subsec. (f).
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

TRANSFER OF FUNCTIONS

      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

REPORTS TO CONGRESS

      Section 2103 of Pub. L. 98-473 directed Attorney General to
    report to Congress annually, during first three years following
    Oct. 12, 1984, concerning prosecutions under this section.

FOOTNOTE

    (!1) So in original. The period probably should be a semicolon.
    (!2) So in original. Probably should be followed by "or".
    (!3) So in original. The comma probably should not appear.
    (!4) See References in Text note below.
    (!5) So in original. Probably should be "subclause".
    (!6) So in original. Probably should be followed by a period.