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- The following is the text of proposed federal legislation imposing
- possible fines, jail sentences and civil liability on purveyors of
- computer viruses and other harmful programs. The title of the Act is
- "The Computer Virus Eradication Act". It was sponsored during the
- 1988 session of Congress by Congressman Wally Herger, 26th District,
- California.
-
- H.R.5061
-
- A BILL
-
- To amend title 18, United States Code, to provide penalties for persons
- interfering with the operations of computers through the use of
- programs containing hidden commands that can cause harm, and for
- other purposes.
-
- Be it enacted by the Senate and House of Representatives of the
- United Sates of America in Congress assembled.
-
-
- Section 1. Short Title.
-
- This Act may be cited as the "Computer Virus Eradication Act of
- 1988".
-
- Section 2. Title 18 Amendment.
-
- (a) IN GENERAL.---Chapter 65 (relating to malicious mischief) of
- title 18, United Sates Code, is amended by adding at the end the
- following:
-
- "Sec. 1368. Disseminating computer viruses and other harmful
- computer programs
-
- "(a) Whoever knowingly---
-
- "(1) inserts into a program for a computer information or
- commands, knowing or having reason to believe that such information
- or commands will cause loss to users of a computer on which such
- program is run or to those who rely on information processed on such
- computer; and
-
- "(2) provides such program to others in circumstances in which
- those others do not know of the insertion or its effects;
-
- or attempts to do so, shall, if any of such conduct affects interstate or
- foreign commerce, be fined under this title or imprisoned not more
- than 10 years, or both.
-
- "(b) Whoever suffers loss by reason of a violation of subsection (a)
- may, in a civil action against the violator, obtain appropriate relief. In
- a civil action under this section, the court may award to a prevailing
- party a reasonable attorney's fee and other litigation expenses.".
-
-
- (b) CLERICAL AMENDMENT.---The table of sections at the
- beginning of chapter 65 of title 18, United States Code, is amended by
- adding at the end the following:
- "1368. Disseminating computer viruses and other harmful computer
- programs.".