HaCKeRz KrOnIcKLeZ 3/HaCKeRz_KrOnIcKLeZ.iso/chibacity/fed-law.sta

Text File | 1996-04-23 | 9KB | 191 lines

/* BBS LEGAL GUIDE COMMENTARY: Here's the federal computer crimes
law, 18 U.S.C. 1030,adopted 1984, amended 1986) */

SECTION 1030

(a) Whoever-

(1) knowingly access 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 r. of section 11 of the Atomic Energy Act of
1954 [Cited as 42 U.S.C. Section 2014(r)] 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 records 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 times 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 affects the use
of the Government's operation of such computer;

(4) knowingly and with the 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) intentionally access 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

(6) knowingly and with the 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.

(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 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;
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) or (a)(5) 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.

(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 operation 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 other other possession or
territory of the United States;

(4) the term "financial institution means--

(A) a bank 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) an institution with accounts insured by the Federal Savings
and Loan Insurance Corporation;

(D) a credit union with accounts insured by the Federal National
Credit Union administration;

(E) a member of the Federal Home Loan bank system and any home
loan bank;

(F) any institution of the Farm Credit System under the Farm
Credit Act of 1971;

(G) a broker-dealer registered with the Securities and Exchange
Commission pursuant to section 15 of the Securities Exchange Act
of 1934; and

(H) the Securities Investor Protection Corporation;

(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 department[s] 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.