Media Law

THE COMPUTER FRAUD AND ABUSE ACT

UNITED STATES CODE

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) knowingly accesses a computer without authorization or
exceeds authorized access, and by means of such conduct obtains
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 the intent or reason to believe that such information
so obtained is to be used to the injury of the United States, or
to the advantage of any foreign nation;

(2) intentionally accesses a computer without authorization or
exceeds authorized access, and thereby obtains 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.);

(3) intentionally, without authorization to access any 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 adversely
affects the use of the Government's operation of such computer;

(4) knowingly and with intent to defraud, accesses a Federal
interest 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;

(5) (A) through means of a computer used in interstate commerce
or communications, knowingly causes the transmission of a
program, information, code, or command to a computer or computer
system if--

(I) the person causing the transmission intends that
such transmission will--

(I) damage, or cause damage to, a computer,
computer system, network, information, data, or program; or

(II) withhold or deny, or cause the withholding or
denial, of the use of a computer, computer services, system or
network, information, data or program; and

(ii) the transmission of the harmful component of the
program, information, code, or command--

(I) occurred without the authorization of the
persons or entities who own or are responsible for the computer
system receiving the program, information, code, or command; and

(II) (aa) causes loss or damage to one or
more other persons of value aggregating $1,000 or more during any
1-year period; or

(bb) modifies or impairs, or potentially
modifies or impairs, the medical examination, medical diagnosis,
medical treatment, or medical care of one or more individuals;
or

(B) through means of a computer used in interstate commerce
or communication, knowingly causes the transmission of a program,
information, code, or command to a computer or computer system--

(I) with reckless disregard of a substantial and
unjustifiable risk that the transmission will--

(I) damage, or cause damage to, a computer,
computer system, network, information, data or program; or

(II) withhold or deny or cause the
withholding or denial of the use of a computer, computer
services, system, network, information, data or program; and

(ii) if the transmission of the harmful component
of the program, information, code, or command--

(I) occurred without the authorization of
the persons or entities who own or are responsible for the
computer system receiving the program, information, code, or
command; and

(II) (aa) causes loss or damage to one or
more other persons of a value aggregating $1,000 or more during
any 1-year period; or

(bb) modifies or impairs, or potentially
modifies or impairs, the medical examination, medical diagnosis,
medical treatment, or medical care of one or more individuals;

(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;

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.

(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 such subsection, 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 such subsection, or an
attempt to commit an offense punishable under this subparagraph;
and

(2) (A) 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 such
subsection, 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)(2), (a)(3) or (a)(6) of this section which occurs
after a conviction for another offense under such subsection, 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)(5)(A) of this section which does
not occur after a conviction for another offense under such
subsection, 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) or (a)(5) of this section which occurs after a
conviction for another offense under such subsection, or an
attempt to commit an offense punishable under this subparagraph;
and

(4) 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).

(d) The United States Secret Service shall, in addition to any
other agency having such authority, have the authority to
investigate offenses under 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.

(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 "Federal interest 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 the use of the financial
institution's operation or the Government's operation of such
computer; or

(B) which is one of two or more computers used in
committing the offense, not all of which are located in the same
State;

(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;

(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) 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; and

(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.

(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 the section, other than a violation of subsection
(a)(5)(B), may maintain a civil action against the violator to
obtain compensatory damages and injunctive relief or other
equitable relief. Damages for violations of any subsection other
than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)
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.

(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 section
1030(a)(5) of title 18, United States Code.