Laws: Cases and Codes : U.S. Code : Title 18 : Section 1030
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U.S. Code as of:
01/19/04
Section 1030 - Notes
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.)
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).
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, 1037, 1956,
2256, 2332b, 2510, 2516, 3125, 3239 of this title; title 6 section
145; title 8 section 1721; title 15 section 7702; title 17 section
1201; title 26 section 7431; title 31 section 9703.
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