(As amended October 3, 1996)
Section 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 the 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 one-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;
(7) with intent to extort from any person, firm, association, educational institution, financial institution, government entity, or other legal entity, any money or 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 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 this 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), (a) (5) (C) or (a) (6) of this section which does not occur after a conviction for another offense under this 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 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
(ii) the offense was committed in furtherance of any criminal or tortuous act in violation of the Constitution or laws of the United States; or
(iii) the value of the information obtained exceeds $ 5.000;
(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 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), (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
(d) The United States Secret Service shall, in any addition to any other agency having such authority, have the authority to investigate offenses under subsections (a) (2) (A), (a) (2) (B), (a) (3), (a) (4),
(a) (5) and (a) (6) of this section. Such authority of the United States Secret Service shall be exercised in accordance with agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.
(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 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 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.
Similar special penal legislation in numerous states in the United States.
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