US Code as of: 01/02/01
National
Computer Fraud & Abuse Act of 1986
Sec. 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 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 1-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; [1]
- (7)
with intent to extort from any person, firm, association,
educational institution, financial institution, government
entity, or other legal entity, any money or other 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 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
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 section, or an attempt to commit an
offense punishable under this subparagraph;
- (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 section, or an attempt to commit an offense punishable under
this subparagraph; and [2]
- (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 gain;
- (ii)
the offense was committed in furtherance of any criminal
or tortious act in violation of the Constitution or laws of the
United States or of any State; or
- (iii)
the value of the information obtained exceeds $5,000;
[3]
- (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 section, 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 [4]
(d) The
United States Secret Service shall, in addition to any other agency having such
authority, have the authority to investigate offenses under subsections (a)(2)(A),
(a)(2)(B),
- ()
The United States Secret Service shall, in addition to any 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 ''protected 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 that use by or for the
financial institution or the Government; or
- (B)
which is used in interstate or foreign commerce or
communication;
- (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 terms are
defined in paragraphs (1) and (3) of section 1(b) of the
International Banking Act of 1978); and
(I) an organization operating under section 25 or section
25(a) [5] of the Federal
Reserve Act. [6]
- (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;
- (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; and
[7]
- (8)
the term ''damage'' means any impairment to the integrity
or availability of data, a program, a system, or information,
that -
- (A)
causes loss aggregating at least $5,000 in value during
any 1-year period to one or more individuals;
- (B)
modifies or impairs, or potentially modifies or impairs,
the medical examination, diagnosis, treatment, or care of one
or more individuals;
- (C)
causes physical injury to any person; or
- (D)
threatens public health or safety; and
(9) the term ''government entity'' includes the Government of
the United States, any State or political subdivision of the
United States, any foreign country, and any state, province,
municipality, or other political subdivision of a foreign
country.
- (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 this 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 the 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 subsection
(a)(5).
Footnotes
[1]
So in original. Probably should be followed by ''or''.
[2] So in original. The word ''and'' probably
should not appear.
[3] So in original. Probably should be followed
by ''and''.
[4] So in original. The ''; and'' probably
should be a period.
[5] See References in Text note below.
[6] So in original. The period probably should
be a semicolon.
[7] So in original. The word ''and'' probably
should not appear.