193 lines
8.3 KiB
Plaintext
193 lines
8.3 KiB
Plaintext
/* BBS LEGAL GUIDE COMMENTARY: Here's the federal computer crimes
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law, 18 U.S.C. 1030,adopted 1984, amended 1986) */
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SECTION 1030
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(a) Whoever-
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(1) knowingly access a computer without authorization or
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exceeds authorized access, and by means of such conduct obtains
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information that has been determined by the United States
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Government pursuant to an Executive Order or statute to require
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protection against unauthorized disclosure for reasons of
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national defense or foreign relations, or any restricted data, as
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defined in paragraph r. of section 11 of the Atomic Energy Act of
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1954 [Cited as 42 U.S.C. Section 2014(r)] with the intent or
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reason to believe that such information so obtained is to be used
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to the injury of the United States or to the advantage of any
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foreign nation;
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(2) intentionally accesses a computer without authorization or
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exceeds authorized access, and thereby obtains information
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contained in a financial records of a financial institution, or
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of a card issuer as defined in section 1602(n) of title 15, or
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contained in a file of a consumer reporting agency on a consumer,
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as such times are defined in the Fair Credit Reporting Act, (15
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U.S.C. 1681 et seq);
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(3) intentionally, without authorization to access any computer
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of a department or agency of the United States, accesses such a
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computer of that department or agency that is exclusively for the
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use of the Government of the United States, or, in the case of a
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computer not exclusively for such use,is used by or for the
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Government of the United States and such conduct affects the use
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of the Government's operation of such computer;
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(4) knowingly and with the intent to defraud. accesses a Federal
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interest computer without authorization, or exceeds authorized
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access, and by means of such conduct furthers the intended fraud
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and obtains anything of value, unless the object of the fraud and
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the thing obtained consists only of the use of the computer;
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(5) intentionally access a Federal interest computer without
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authorization, and by means of one or more instances of such
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conduct alters, damages, or destroys information in any such
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Federal interest computer, or prevents authorized use of any such
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computer or information, and thereby--
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(A) causes loss to one or more others of a value aggregating $
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1,000 or more during any one year period; or
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(B) modifies or impairs, or potentially modifies or impairs, the
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medical examination, medical diagnosis, medical treatment, or
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medical care of one or more individuals; or
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(6) knowingly and with the intent to defraud traffics (as defined
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in section 1029) in any password or similar information through
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which a computer may be accessed without authorization, if
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(A) such trafficking affects interstate or foreign commerce; or
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(B) such computer is used by or for the Government of the United
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States;
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shall be punished as provided in subsection (c) of this section.
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(b) Whoever attempts to commit an offense under subsection (a) of
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this section shall be punished as provided in subsection (c) of
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this section.
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(c) The punishment for an offense under subsection (a) or (b) of
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this section is --
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(1)(A) a fine under this title or imprisonment for not more than
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ten years, or both, in the case of an offense under subsection
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(a)(1) of this section which does not occur after a conviction
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for another offense under such subsection, or an attempt to
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commit an offense punishable under this subparagraph; and
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(B) a fine under this title or imprisonment for not more than
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twenty years, or both, in the case of an offense under subsection
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(a)(1) of this section which occurs after a conviction for
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another offense under such subsection, or an attempt to commit an
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offense punishable under this subparagraph; and
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(2)(A) a fine under this title or imprisonment for not more than
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one year, or both, in the case of an offense under subsection
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(a)(2), (a)(3) or (a)(6) of this section which does not occur
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after a conviction for another offense under such subsection, or
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an attempt to commit an offense punishable under this
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subparagraph; and
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B) a fine under this title or imprisonment for not more than ten
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years, or both, in the case of an offense under subsection
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(a)(2), (a)(3) or (a)(6) of this section which occurs after a
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conviction for another offense under such subsection, or an
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attempt to commit an offense punishable under this subparagraph;
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and
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(3)(A) a fine under this title or imprisonment for not more than
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five years, or both, in the case of an offense under subsection
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(a)(4) or (a)(5) of this section which does not occur after a
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conviction for another offense under such subsection, or an
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attempt to commit an offense punishable under this subparagraph;
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and
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(B) a fine under this title or imprisonment for not more than ten
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years, or both, in the case of an offense under subsection (a)(4)
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or (a)(5) of this section which occurs after a conviction for
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another offense under such subsection, or an attempt to commit an
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offense punishable under this subparagraph.
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(d) The United States Secret Service shall, in addition to any
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other agency having such authority, have the authority to
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investigate offenses under this section. Such authority of the
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United States Secret Service shall be exercised in accordance
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with an agreement which shall be entered into by the Secretary of
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the Treasury and the Attorney General.
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(e) As used in this section--
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(1) the term "computer" means an electronic, magnetic, optical,
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electrochemical, or other high speed data processing device
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performing logical, arithmetic, or storage functions, and
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includes any data storage facility or communications facility
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directly related to or operation in conjunction with such device,
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but such term does not include an automated typewriter or
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typesetter, a portable hand held calculator, or other similar
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device;
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(2) the term "Federal interest computer" means a computer--
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(A) exclusively for the use of a financial institution or the
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United States Government, or, in the case of a computer not
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exclusively for such use, used by or for a financial institution
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or the United States government and the conduct constituting the
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offense affects the use of the financial institution's operation
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or the Government's operation of such computer; or
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(B) which is one of two or more computers used in committing the
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offense, not all of which are located in the same State;
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(3) the term "State" includes the District of Columbia, the
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Commonwealth of Puerto Rico, and other other possession or
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territory of the United States;
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(4) the term "financial institution means--
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(A) a bank with deposits insured by the Federal Deposit Insurance
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Corporation;
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(B) the Federal Reserve or a member of the Federal Reserve
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including any Federal Reserve Bank;
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(C) an institution with accounts insured by the Federal Savings
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and Loan Insurance Corporation;
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(D) a credit union with accounts insured by the Federal National
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Credit Union administration;
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(E) a member of the Federal Home Loan bank system and any home
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loan bank;
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(F) any institution of the Farm Credit System under the Farm
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Credit Act of 1971;
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(G) a broker-dealer registered with the Securities and Exchange
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Commission pursuant to section 15 of the Securities Exchange Act
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of 1934; and
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(H) the Securities Investor Protection Corporation;
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(5) the term "financial record" means information derived from
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any record held by a financial institution pertaining to a
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customer's relationship with the financial institution;
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(6) the term "exceeds authorized access" means to access a
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computer with authorization and to use such access to obtain or
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alter information in the computer that the accesser is not
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entitled so to obtain or alter; and
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(7) the term "department of the United States" means the
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legislative or judicial branch of the Government or one of the
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executive department[s] enumerated in section 101 of title 5.
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(f) This section does not prohibit any lawfully authorized
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investigative, protective, or intelligence activity of a law
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enforcement agency of the United States, a State, or a political
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subdivision of a State, or of an intelligence agency of the
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United States.
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Downloaded From P-80 International Information Systems 304-744-2253
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