of, or possesses hardware or software,
knowing it has been configured to insert or modify telecommunication identifying
information associated with or contained in a telecommunications instrument
so that such instrument may be used to obtain telecommunications service
without authorization; or (10) without the authorization of the credit
card system member or its agent, knowingly and with intent to defraud
causes or arranges for another person to present to the member or its
agent, for payment, 1 or more evidences or records of transactions made
by an access device; shall, if the offense affects interstate or foreign
commerce, be punished as ided in subsection (c) of this section. (b) (1)
Whoever attempts to commit an offense under subsection (a) of this section
shall be subject to the same penalties as those prescribed for the offense
attempted. (2) Whoever is a party to a conspiracy of two or more persons
to commit an offense under subsection (a) of this section, if any of the
parties engages in any conduct in furtherance of such offense, shall be
fined an amount not greater than the amount provided as the maximum fine
for such offense under subsection (c) of this section or imprisoned not
longer than one-half the period provided as the maximum imprisonment for
such offense under subsection (c) of this section, or both. (c) Penalties.
- (1) Generally. - The punishment for an offense under subsection (a)
of this section is - (A) in the case of an offense that does not occur
after a conviction for another offense under this section - (i) if the
offense is under paragraph (1), (2), (3), (6), () if the offense is under
paragraph (1), (2), (3), (6), imprisonment for not more than 10 years,
or both; and (ii) if the offense is under paragraph (4), (5), (8), or
() if the offense is under paragraph (1), (2), (3), (6), or imprisonment
for not more than 15 years, or both; [1] So in original. Comma probably
should not appear. (B) in the case of an offense that occurs after a conviction
for another offense under this section, a fine under this title or imprisonment
for not more than 20 years, or both; and (C) in either case, forfeiture
to the United States of any personal property used or intended to be used
to commit the offense. (2) Forfeiture procedure. - The forfeiture of property
under this section, including any seizure and disposition of the property
and any related administrative and judicial proceeding, shall be governed
by section 413 of the Controlled Substances Act, except for subsection
(d) of that section. (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 ''access device'' means any
card, plate, code, account number, electronic serial number, mobile identification
number, personal identification number, or other telecommunications service,
equipment, or instrument identifier, or other means of account access
that can be used, alone or in conjunction with another access device,
to obtain money, goods, services, or any other thing of value, or that
can be used to initiate a transfer of funds (other than a transfer originated
solely by paper instrument); (2) the term ''counterfeit access device''
means any access device that is counterfeit, fictitious, altered, or forged,
or an identifiable component of an access device or a counterfeit access
device; (3) the term ''unauthorized access device'' means any access device
that is lost, stolen, expired, revoked, canceled, or obtained with intent
to defraud; (4) the term ''produce'' includes design, alter, authenticate,
duplicate, or assemble; (5) the term ''traffic'' means transfer, or otherwise
dispose of, to another, or obtain control of with intent to transfer or
dispose of; (6) the term ''device-making equipment'' means any equipment,
mechanism, or impression designed or primarily used for making an access
device or a counterfeit access device; (7) the term ''credit card system
member'' means a financial institution or other entity that is a member
of a credit card system, including an entity, whether affiliated with
or identical to the credit card issuer, that is the sole member of a credit
card system; (8) the term ''scanning receiver'' means a device or apparatus
that can be used to intercept a wire or electronic communication in violation
of chapter 119 or to intercept an electronic serial number, mobile identification
number, or other identifier of any telecommunications service, equipment,
or instrument [2] (9) the term ''telecommunications service'' has the
meaning given such term in section 3 of title I of the Communications
Act of 1934 (47 U.S.C. 153); (10) the term ''facilities-based carrier''
means an entity that owns communications transmission facilities, is responsible
for the operation and maintenance of those facilities, and holds an operating
license issued by the Federal Communications Commission under the authority
of title III of the Communications Act of 1934; and (11) the term ''telecommunication
identifying information'' means electronic serial number or any other
number or signal that identifies a specific telecommunications instrument
or account, or a specific communication transmitted from a telecommunications
instrument. (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, or any activity
authorized under chapter 224 of this title. For purposes of this subsection,
the term ''State'' includes a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession of the United
States. (g) (1) It is not a violation of subsection (a)(9) for an officer,
employee, or agent of, or a person engaged in business with, a facilities-based
carrier, to engage in conduct (other than trafficking) otherwise prohibited
by that subsection for the purpose of protecting the property or legal
rights of that carrier, unless such conduct is for the purpose of obtaining
telecommunications service provided by another facilities-based carrier
without the authorization of such carrier. (2) In a prosecution for a
violation of subsection (a)(9), (other than a violation consisting of
producing or trafficking) it is an affirmative defense (which the defendant
must establish by a preponderance of the evidence) that the conduct charged
was engaged in for research or development in connection with a lawful
purpose.
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) 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; (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, firm, association, educational
institution, financial institution, government entity, or other legal
entity, 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 I(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) 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)(C),
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; and [2] (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), 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; [3](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; and 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), (a)(5)(A), (a)(5)(B), 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), (a)(5)(B), (a)(5)(C), 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;
and [4](d) 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), () The United States
Secret Service shall, in addition to any 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 ''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; (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) [5] of the Federal Reserve Act. [6](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; and [7] (8) 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 (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. (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. Damages for
violations involving damage as defined in subsection (e)(8)(A) 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 subsection
(a)(5).
