Computer Fraud and Abuse Act
(18 USC 1030)
COMPUTER FRAUD AND ABUSE STATUTE ' 1030.
Fraud and related activity in connection with computers
(a) Whoever
(1) knowingly accesses 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 y. of section 11 of the Atomic Energy
Act of 1954, 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 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.);
(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 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; shall be punished as provided in
subsection (c) of this section.
(5) intentionally accesses 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 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;
(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)(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 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 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 "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 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 terrns are defined in paragraphs
(1) and (3) of section l(b) of the International Banking Act of 1978); and
(I) an organization operating under section 25 or section 25(a) of the Federal
Reserve Act.
(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 departments 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. (Added Pub.L. 98-473, Title II, ' 2102(a),
Oct. 12,1984,98 Stat. 2190, and amended Pub.L.99-474,
' 2, Oct. 16,1986, 100 Stat. 1213; Pub.L. 100-690,
Title VII, ' 7065 Nov. 18, 1988, 102 Stat. 4404;
Pub.L. 101-73, Titie IX, ' 962(aX5), Aug. 9, 1989
103 Stat. 502- Pub.L. 101-647, Title XII, ' 1205(e),
Titie XXV, ' 2597(j), Title XXXV, ' 3533, Nov. 29,
1990, 104 Stat. 4831, 4910, 4925.)
Editorial Notes
References in Text. Reference to "paragraph y of
section 11 of the Atomic Energy Act of 1954", referred
to in subsec. (a)(1) is classified to section 2014(y)
of Title 42, Public Health and Welfare.
The Fair Credit Reporting Act, referred to in subsec.
(a)(2), is Title VI of Pub.L. 90-321 as added by
Pub.L. 91-508, Title VI, Oct. 26, 1970, 84 Stat.
1127, which is classified to subchapter III (' 1681
et seq.) of chapter 41 of Title 15, Commerce and
Trade.
The Farm Credit Act of 1971, referred to in subsec.
(e)(4)(E), is Pub.L. 92- 181, Dec. 10, 1971, 85
Stat. 585, as amended, which is classified generally
to chapter 23 (section 2001 et seq.) of Title 12,
Banks and Banking. For complete classification of
this Act to the Code, see Short Title note set out
under section 2001 of Title 12 and Tables.
Section 15 of the Securities Exchange Act of 1934,
referred to in subsec. (e)(4)(F), is classified
to section 78O of Title 15 Commerce and Trade. Section
i(b) of the International Banking Act of 1978 referred
to in subsec. (e)(4)(H), is classified to section
310i of Title 12, Banks and Banking. Section 25
of the Federal Reserve Act, referred to in subsec.
(e)(4)(I), is classified to subchapter I (section
601 et seq.) of chapter 6 of Title 12. Section 25(a)
of the Federal Resenre Act, referred to in subsec.
(e)(4)(I), is classified to subchapter II (seceion
611 et seq.) of chapter 6 of Title 12. Separability
of Provisions. If any provision of Pub.L. 101-73
or the application thereof to any person or circumstance
is held invalid, the remainder of Pub.L. 101-73
and the application of the provision to other persons
not similarly situated or to other circumstances
not to be affected thereby, see section 1221 of
Pub.L. 101-73, set out as a note under section 1811
of Title 12, Banks and Banking.
Reports of Prosecutions. Section 2103 of Pub.L.
98-473, Oct. 12, 1984, 98 Stat. 2192, provided: "The
Attorney General shall report to the Congress annually,
during the first three years following the date
of the enactment of this joint resolution [Oct.
12, 1984], concerning prosecutions under the sections
of title 18 of the United States Code added by this
chapter."
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