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U.S. Code as of:
01/19/04
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) 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)
(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 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;
(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).
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