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    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.
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