💾 Archived View for clemat.is › saccophore › library › ezines › textfiles › ezines › NEMESISERA › c_… captured on 2021-12-04 at 18:04:22.
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Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(a)
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 r. 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;
(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;
shall be punished as provided in subsection (c) of this section.
Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(b)
(b) Whoever attempts to commit an offense under subsection (a) of this
section
shall be punished as provided in subsection (c) of this section.
Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(c)
(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.
Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(d)
(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.
Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(e)
(e) As used in this section--