18 U.S.C. § 1030 : US Code - Section 1030: Fraud and related activity in connection with computers

Search 18 U.S.C. § 1030 : US Code - Section 1030: Fraud and related activity in connection with computers

      (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) (!1) 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.(!2)

        (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; (!3)


        (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),(!4) 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) (!1) 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)