§ 1030. — Fraud and related activity in connection with computers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1030]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 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) 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 if the conduct
involved an interstate or foreign communication;
(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)(i) 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;
(ii) intentionally accesses a protected computer without
authorization, and as a result of such conduct, recklessly causes
damage; or
(iii) intentionally accesses a protected computer without
authorization, and as a result of such conduct, causes damage; and
(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;
(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; \1\
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\1\ So in original. Probably should be followed by ``or''.
(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 threat to cause damage to a protected
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computer;
shall be punished as provided in subsection (c) of this section.
(b) Whoever 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), (a)(5)(A)(iii),
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), (a)(5)(A)(iii), 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 paragraph (5), a fine under this
title, imprisonment for not more than 10 years, or both, in the case
of an offense under subsection (a)(5)(A)(i), or an attempt to commit
an offense punishable under that subsection;
(B) a fine under this title, imprisonment for not more than 5
years, or both, in the case of an offense under subsection
(a)(5)(A)(ii), or an attempt to commit an offense punishable under
that subsection;
(C) except as provided in paragraph (5), a fine under this
title, imprisonment for not more than 20 years, or both, in the case
of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an
attempt to commit an offense punishable under either subsection,
that occurs after a conviction for another offense under this
section; and
(5)(A) if the offender knowingly or recklessly causes or
attempts to cause serious bodily injury from conduct in violation of
subsection (a)(5)(A)(i), a fine under this title or imprisonment for
not more than 20 years, or both; and
(B) if the offender knowingly or recklessly causes or attempts
to cause death from conduct in violation of subsection (a)(5)(A)(i),
a fine under this title or imprisonment for any term of years or for
life, or both.
(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 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) \2\ of the Federal Reserve Act;
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\2\ See References in Text note below.
(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 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. 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).
(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.)
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
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.
Section Referred to in Other Sections
This section is referred to in sections 981, 982, 1956, 2256, 2332b,
2510, 2516, 3125, 3239 of this title; title 6 section 145; title 8
section 1721; title 17 section 1201; title 26 section 7431; title 31
section 9703.
