II

104TH CONGRESS

1ST SESSION S. 982

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

IN THE SENATE OF THE UNITED STATES

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

A BILL

To protect the national information infrastructure, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Information

5 Infrastructure Protection Act of 1995’’.

6 SEC. 2. COMPUTER CRIME.

7 Section 1030 of title 18, United States Code, is

8 amended—

9 (1) in subsection (a)—

10 (A) in paragraph (1)—
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1 (i) by striking ‘‘knowingly accesses’’

2 and inserting ‘‘having knowingly accessed’’;

3 (ii) by striking ‘‘exceeds’’ and insert4 ing ‘‘exceeding’’;

5 (iii) by striking ‘‘obtains information’’

6 and inserting ‘‘having obtained informa7 tion’’;

8 (iv) by striking ‘‘the intent or’’;

9 (v) by striking ‘‘is to be used’’ and in10 serting ‘‘could be used’’; and

11 (vi) by inserting before the semicolon

12 at the end the following: ‘‘willfully commu13 nicates, delivers, transmits, or causes to be

14 communicated, delivered, or transmitted,

15 or attempts to communicate, deliver, trans16 mit or cause to be communicated, deliv17 ered, or transmitted the same to any per18 son not entitled to receive it, or willfully

19 retains the same and fails to deliver it to

20 the officer or employee of the United

21 States entitled to receive it’’;

22 (B) in paragraph (2)—

23 (i) by striking ‘‘obtains information’’

24 and inserting ‘‘obtains—

25 ‘‘(A) information’’; and
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1 (ii) by adding at the end the follow2 ing:

3 ‘‘(B) information from any department or

4 agency of the United States; or

5 ‘‘(C) information from any protected com6 puter if the conduct involved an interstate or

7 foreign communication;’’;

8 (C) in paragraph (3)—

9 (i) by striking ‘‘the use of the Govern10 ment’s operation of such computer’’ and

11 inserting ‘‘that use by or for the Govern12 ment of the United States’’; and

13 (ii) by striking ‘‘adversely’’;

14 (D) in paragraph (4)—

15 (i) by striking ‘‘Federal interest’’ and

16 inserting ‘‘protected’’; and

17 (ii) by inserting before the semicolon

18 the following: ‘‘and the value of such use

19 is not more than $5,000 in any 1-year pe20 riod’’;

21 (E) by amending paragraph (5) to read as

22 follows:

23 ‘‘(5)(A) knowingly causes the transmission of a

24 program, information, code, or command, and as a
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1 result of such conduct, intentionally causes damage

2 without authorization, to a protected computer;

3 ‘‘(B) intentionally accesses a protected com4 puter without authorization, and as a result of such

5 conduct, recklessly causes damage; or

6 ‘‘(C) intentionally accesses a protected com7 puter without authorization, and as a result of such

8 conduct, causes damage;’’; and

9 (F) by inserting after paragraph (6) the

10 following new paragraph:

11 ‘‘(7) with intent to extort from any person,

12 firm, association, educational institution, financial

13 institution, government entity, or other legal entity,

14 any money or other thing of value, transmits in

15 interstate or foreign commerce any communication

16 containing any threat to cause damage to a pro17 tected computer;’’;

18 (2) in subsection (c)—

19 (A) in paragraph (1), by striking ‘‘such

20 subsection’’ each place it appears and inserting

21 ‘‘this section’’;

22 (B) in paragraph (2)—

23 (i) in subparagraph (A)—

24 (I) by inserting ‘‘, (a)(5)(C),’’

25 after ‘‘(a)(3)’’; and
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1 (II) by striking ‘‘such sub2 section’’ and inserting ‘‘this section’’;

3 (ii) by redesignating subparagraph

4 (B) as subparagraph (C);

5 (iii) by inserting immediately after

6 subparagraph (A) the following:

7 ‘‘(B) a fine under this title or imprison8 ment for not more than 5 years, or both, in the

9 case of an offense under subsection (a)(2), if—

10 ‘‘(i) the offense was committed for

11 purposes of commercial advantage or pri12 vate financial gain;

13 ‘‘(ii) the offense was committed in

14 furtherance of any criminal or tortious act

15 in violation of the Constitution or laws of

16 the United States or of any State; or

17 ‘‘(iii) the value of the information ob18 tained exceeds $5,000;’’; and

19 (iv) in subparagraph (C) (as redesig20 nated), by striking ‘‘such subsection’’ and

21 inserting ‘‘this section’’;

22 (C) in paragraph (3)—

23 (i) in subparagraph (A)—
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1 (I) by striking ‘‘(a)(4) or

2 (a)(5)(A)’’ and inserting ‘‘(a)(4),

3 (a)(5)(A), (a)(5)(B), or (a)(7)’’; and

4 (II) by striking ‘‘such sub5 section’’ and inserting ‘‘this section’’;

6 and

7 (ii) in subparagraph (B)—

8 (I) by striking ‘‘(a)(4) or (a)(5)’’

9 and inserting ‘‘(a)(4), (a)(5)(A),

10 (a)(5)(B), (a)(5)(C), or (a)(7)’’; and

11 (II) by striking ‘‘such sub12 section’’ and inserting ‘‘this section’’;

13 and

14 (D) by striking paragraph (4);

15 (3) in subsection (d), by inserting ‘‘subsections

16 (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and

17 (a)(6) of’’ before ‘‘this section.’’;

18 (4) in subsection (e)—

19 (A) in paragraph (2)—

20 (i) by striking ‘‘Federal interest’’ and

21 inserting ‘‘protected’’;

22 (ii) in subparagraph (A), by striking

23 ‘‘the use of the financial institution’s oper24 ation or the Government’s operation of

25 such computer’’ and inserting ‘‘that use by
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1 or for the financial institution or the Gov2 ernment’’; and

3 (iii) by amending subparagraph (B) to

4 read as follows:

5 ‘‘(B) which is used in interstate or foreign

6 commerce or communication;’’;

7 (B) in paragraph (6), by striking ‘‘and’’

8 the last place it appears;

9 (C) by striking the period at the end of

10 paragraph (7) and inserting ‘‘; and’’; and

11 (D) by adding at the end the following new

12 paragraphs:

13 ‘‘(8) the term ‘damage’ means any impairment

14 to the integrity or availability of data, a program, a

15 system, or information, that—

16 ‘‘(A) causes loss aggregating at least

17 $5,000 in value during any 1-year period to one

18 or more individuals;

19 ‘‘(B) modifies or impairs, or potentially

20 modifies or impairs, the medical examination,

21 diagnosis, treatment, or care of one or more in22 dividuals;

23 ‘‘(C) causes physical injury to any person;

24 or

25 ‘‘(D) threatens public health or safety; and
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1 ‘‘(9) the term ‘government entity’ includes the

2 Government of the United States, any State or polit3 ical subdivision of the United States, any foreign

4 country, and any state, province, municipality, or

5 other political subdivision of a foreign country.’’; and

6 (5) in subsection (g)—

7 (A) by striking ‘‘, other than a violation of

8 subsection (a)(5)(B),’’; and

9 (B) by striking ‘‘of any subsection other

10 than subsection (a)(5)(A)(ii)(II)(bb) or

11 (a)(5)(B)(ii)(II)(bb)’’ and inserting ‘‘involving

12 damage as defined in subsection (e)(8)(A)’’.

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