II
113th CONGRESS
1st Session
S. 1196
IN THE SENATE OF THE UNITED STATES
June 20, 2013
Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide for clarification as to the meaning of access without authorization, and for other purposes.
Short title
This Act may be cited as
the
Aaron's Law Act of
2013
.
Clarifying that
access without authorization
under 18 U.S.C. 1030 means
circumvention of technological barriers in order to gain unauthorized
access
In general
Section 1030(e)(6) of title 18, United States Code, is amended by—
striking exceeds authorized
access
and all that follows; and
inserting the following:
access without authorization means—
to obtain information on a protected computer;
that the accesser lacks authorization to obtain; and
by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information;
.
Conforming amendment
Section 1030 of title 18, United States Code, is amended—
in subsection (d)(10), by striking
unauthorized access, or exceeding authorized access, to a
and
inserting access without authorization of a protected
;
and
by striking exceeds authorized
access
each place it appears.
Eliminating redundancy
Section 1030(a)(4) of title 18, United States Code, is repealed.
Making penalties proportional to crimes
Section 1030(c)(2) of title 18, United States Code is amended—
in subparagraph (A)—
by striking conviction for
another
and inserting subsequent
; and
by inserting such
after
attempt to commit
;
in subparagraph
(B)(i), by inserting after financial gain
the following:
and the fair market value of the information obtained exceeds
$5,000
;
in subparagraph
(B)(ii), by striking the offense was committed
and all that
follows through the semicolon, and inserting the following: the offense
was committed in furtherance of any criminal act in violation of the
Constitution or laws of the United States or of any State punishable by a term
of imprisonment greater than one year, unless such criminal acts are prohibited
by this section or such State violation would be based solely on accessing
information without authorization;
;
in subparagraph
(B)(iii), by inserting fair market
before value
;
and
in subparagraph (C)—
by striking conviction for
another
and inserting subsequent
; and
by inserting such
after
attempt to commit
.
