Computer Fraud and Abuse Act

US Code as of: 01/26/98

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.

(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.

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Footnotes