S. 982 (104th): National Information Infrastructure Protection Act of 1996

S 982 RS

To protect the national information infrastructure, and for other purposes.

June 29 (legislative day, JUNE 19), 1995

Mr. KYL (for himself, Mr. LEAHY, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

August 2, 1996

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

To protect the national information infrastructure, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as the ‘National Information Infrastructure Protection Act of 1995’. [<-Struck out]

[Struck out->] SEC. 2. COMPUTER CRIME. [<-Struck out]

[Struck out->] Section 1030 of title 18, United States Code, is amended-- [<-Struck out]

[Struck out->] (1) in subsection (a)-- [<-Struck out]

[Struck out->] (A) in paragraph (1)-- [<-Struck out]

[Struck out->] (i) by striking ‘knowingly accesses’ and inserting ‘having knowingly accessed’; [<-Struck out]

[Struck out->] (ii) by striking ‘exceeds’ and inserting ‘exceeding’; [<-Struck out]

[Struck out->] (iii) by striking ‘obtains information’ and inserting ‘having obtained information’; [<-Struck out]

[Struck out->] (iv) by striking ‘the intent or’; [<-Struck out]

[Struck out->] (v) by striking ‘is to be used’ and inserting ‘could be used’; and [<-Struck out]

[Struck out->] (vi) by inserting before the semicolon at the end the following: ‘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’; [<-Struck out]

[Struck out->] (B) in paragraph (2)-- [<-Struck out]

[Struck out->] (i) by striking ‘obtains information’ and inserting ‘obtains-- [<-Struck out]

[Struck out->]

‘(A) information’; and [<-Struck out]

[Struck out->] (ii) by adding at the end the following: [<-Struck out]

[Struck out->]

‘(B) information from any department or agency of the United States; or [<-Struck out]

[Struck out->]

‘(C) information from any protected computer if the conduct involved an interstate or foreign communication;’; [<-Struck out]

[Struck out->] (C) in paragraph (3)-- [<-Struck out]

[Struck out->] (i) by striking ‘the use of the Government’s operation of such computer’ and inserting ‘that use by or for the Government of the United States’; and [<-Struck out]

[Struck out->] (ii) by striking ‘adversely’; [<-Struck out]

[Struck out->] (D) in paragraph (4)-- [<-Struck out]

[Struck out->] (i) by striking ‘Federal interest’ and inserting ‘protected’; and [<-Struck out]

[Struck out->] (ii) by inserting before the semicolon the following: ‘and the value of such use is not more than $5,000 in any 1-year period’; [<-Struck out]

[Struck out->] (E) by amending paragraph (5) to read as follows: [<-Struck out]

[Struck out->]

‘(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; [<-Struck out]

[Struck out->]

‘(B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or [<-Struck out]

[Struck out->]

‘(C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage;’; and [<-Struck out]

[Struck out->] (F) by inserting after paragraph (6) the following new paragraph: [<-Struck out]

[Struck out->]

‘(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;’; [<-Struck out]

[Struck out->] (2) in subsection (c)-- [<-Struck out]

[Struck out->] (A) in paragraph (1), by striking ‘such subsection’ each place it appears and inserting ‘this section’; [<-Struck out]

[Struck out->] (B) in paragraph (2)-- [<-Struck out]

[Struck out->] (i) in subparagraph (A)-- [<-Struck out]

[Struck out->] (I) by inserting ‘, (a)(5)(C),’ after ‘(a)(3)’; and [<-Struck out]

[Struck out->] (II) by striking ‘such subsection’ and inserting ‘this section’; [<-Struck out]

[Struck out->] (ii) by redesignating subparagraph (B) as subparagraph (C); [<-Struck out]

[Struck out->] (iii) by inserting immediately after subparagraph (A) the following: [<-Struck out]

[Struck out->]

‘(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-- [<-Struck out]

[Struck out->]

‘(i) the offense was committed for purposes of commercial advantage or private financial gain; [<-Struck out]

[Struck out->]

‘(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 [<-Struck out]

[Struck out->]

‘(iii) the value of the information obtained exceeds $5,000;’; and [<-Struck out]

[Struck out->] (iv) in subparagraph (C) (as redesignated), by striking ‘such subsection’ and inserting ‘this section’; [<-Struck out]

[Struck out->] (C) in paragraph (3)-- [<-Struck out]

[Struck out->] (i) in subparagraph (A)-- [<-Struck out]

[Struck out->] (I) by striking ‘(a)(4) or (a)(5)(A)’ and inserting ‘(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)’; and [<-Struck out]

[Struck out->] (II) by striking ‘such subsection’ and inserting ‘this section’; and [<-Struck out]

[Struck out->] (ii) in subparagraph (B)-- [<-Struck out]

[Struck out->] (I) by striking ‘(a)(4) or (a)(5)’ and inserting ‘(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)’; and [<-Struck out]

[Struck out->] (II) by striking ‘such subsection’ and inserting ‘this section’; and [<-Struck out]

[Struck out->] (D) by striking paragraph (4); [<-Struck out]

[Struck out->] (3) in subsection (d), by inserting ‘subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of’ before ‘this section.’; [<-Struck out]

[Struck out->] (4) in subsection (e)-- [<-Struck out]

[Struck out->] (A) in paragraph (2)-- [<-Struck out]

[Struck out->] (i) by striking ‘Federal interest’ and inserting ‘protected’; [<-Struck out]

[Struck out->] (ii) in subparagraph (A), by striking ‘the use of the financial institution’s operation or the Government’s operation of such computer’ and inserting ‘that use by or for the financial institution or the Government’; and [<-Struck out]

[Struck out->] (iii) by amending subparagraph (B) to read as follows: [<-Struck out]

[Struck out->]

‘(B) which is used in interstate or foreign commerce or communication;’; [<-Struck out]

[Struck out->] (B) in paragraph (6), by striking ‘and’ the last place it appears; [<-Struck out]

[Struck out->] (C) by striking the period at the end of paragraph (7) and inserting ‘; and’; and [<-Struck out]

[Struck out->] (D) by adding at the end the following new paragraphs: [<-Struck out]

[Struck out->]

‘(8) the term ‘damage’ means any impairment to the integrity or availability of data, a program, a system, or information, that-- [<-Struck out]

[Struck out->]

‘(A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals; [<-Struck out]

[Struck out->]

‘(B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals; [<-Struck out]

[Struck out->]

‘(C) causes physical injury to any person; or [<-Struck out]

[Struck out->]

‘(D) threatens public health or safety; and [<-Struck out]

[Struck out->]

‘(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.’; and [<-Struck out]

[Struck out->] (5) in subsection (g)-- [<-Struck out]

[Struck out->] (A) by striking ‘, other than a violation of subsection (a)(5)(B),’; and [<-Struck out]

[Struck out->] (B) by striking ‘of any subsection other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)’ and inserting ‘involving damage as defined in subsection (e)(8)(A)’. [<-Struck out]

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Information Infrastructure Protection Act of 1996’.

SEC. 2. COMPUTER CRIME.

Section 1030 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by striking ‘knowingly accesses’ and inserting ‘having knowingly accessed’;

(ii) by striking ‘exceeds’ and inserting ‘exceeding’;

(iii) by striking ‘obtains information’ and inserting ‘having obtained information’;

(iv) by striking ‘the intent or’;

(v) by striking ‘is to be used’ and inserting ‘could be used’; and

(vi) by inserting before the semicolon at the end the following: ‘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’;

(B) in paragraph (2)--

(i) by striking ‘obtains information’ and inserting ‘obtains--

‘(A) information’; and

(ii) by adding at the end the following new subparagraphs:

‘(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;’;

(C) in paragraph (3)--

(i) by inserting ‘nonpublic’ before ‘computer of a department or agency’;

(ii) by striking ‘adversely’; and

(iii) by striking ‘the use of the Government’s operation of such computer’ and inserting ‘that use by or for the Government of the United States’;

(D) in paragraph (4)--

(i) by striking ‘Federal interest’ and inserting ‘protected’; and

(ii) by inserting before the semicolon the following: ‘and the value of such use is not more than $5,000 in any 1-year period’;

(E) by striking paragraph (5) and inserting the following:

‘(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;’; and

(F) by inserting after paragraph (6) the following new paragraph:

‘(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;’;

(2) in subsection (c)--

(A) in paragraph (1), by striking ‘such subsection’ each place that term appears and inserting ‘this section’;

(B) in paragraph (2)--

(i) in subparagraph (A)--

(I) by inserting ‘, (a)(5)(C),’ after ‘(a)(3)’; and

(II) by striking ‘such subsection’ and inserting ‘this section’;

(ii) by redesignating subparagraph (B) as subparagraph (C);

(iii) by inserting immediately after subparagraph (A) the following:

‘(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;’; and

(iv) in subparagraph (C) (as redesignated)--

(I) by striking ‘such subsection’ and inserting ‘this section’; and

(II) by adding ‘and’ at the end;

(C) in paragraph (3)--

(i) in subparagraph (A)--

(I) by striking ‘(a)(4) or (a)(5)(A)’ and inserting ‘(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)’; and

(II) by striking ‘such subsection’ and inserting ‘this section’; and

(ii) in subparagraph (B)--

(I) by striking ‘(a)(4) or (a)(5)’ and inserting ‘(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)’; and

(II) by striking ‘such subsection’ and inserting ‘this section’; and

(D) by striking paragraph (4);

(3) in subsection (d), by inserting ‘subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of’ before ‘this section.’;

(4) in subsection (e)--

(A) in paragraph (2)--

(i) by striking ‘Federal interest’ and inserting ‘protected’;

(ii) in subparagraph (A), by striking ‘the use of the financial institution’s operation or the Government’s operation of such computer’ and inserting ‘that use by or for the financial institution or the Government’; and

(iii) by striking subparagraph (B) and inserting the following:

‘(B) which is used in interstate or foreign commerce or communication;’;

(B) in paragraph (6), by striking ‘and’ at the end;

(C) in paragraph (7), by striking the period at the end and inserting ‘; and’; and

(D) by adding at the end the following new paragraphs:

‘(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.’; and

(5) in subsection (g)--

(A) by striking ‘, other than a violation of subsection (a)(5)(B),’; and

(B) by striking ‘of any subsection other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)’ and inserting ‘involving damage as defined in subsection (e)(8)(A)’.

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