Calendar No. 563

104TH CONGRESS

2D SESSION S. 982

A BILL

To protect the national information infrastructure,

and for other purposes.

AUGUST 2, 1996

Reported with an amendment
II

Calendar No. 563

104TH CONGRESS

2D 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

AUGUST 2, 1996

Reported by Mr. HATCH, with an amendment

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

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’’.
2

S 982 RS

1 SEC. 2. COMPUTER CRIME.

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

3 amended—

4 (1) in subsection (a)—

5 (A) in paragraph (1)—

6 (i) by striking ‘‘knowingly accesses’’

7 and inserting ‘‘having knowingly accessed’’;

8 (ii) by striking ‘‘exceeds’’ and insert9 ing ‘‘exceeding’’;

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

11 and inserting ‘‘having obtained informa12 tion’’;

13 (iv) by striking ‘‘the intent or’’;

14 (v) by striking ‘‘is to be used’’ and in15 serting ‘‘could be used’’; and

16 (vi) by inserting before the semicolon

17 at the end the following: ‘‘willfully commu18 nicates, delivers, transmits, or causes to be

19 communicated, delivered, or transmitted,

20 or attempts to communicate, deliver, trans21 mit or cause to be communicated, deliv22 ered, or transmitted the same to any per23 son not entitled to receive it, or willfully

24 retains the same and fails to deliver it to

25 the officer or employee of the United

26 States entitled to receive it’’;
3

S 982 RS

1 (B) in paragraph (2)—

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

3 and inserting ‘‘obtains—

4 ‘‘(A) information’’; and

5 (ii) by adding at the end the follow6 ing:

7 ‘‘(B) information from any department or

8 agency of the United States; or

9 ‘‘(C) information from any protected com10 puter if the conduct involved an interstate or

11 foreign communication;’’;

12 (C) in paragraph (3)—

13 (i) by striking ‘‘the use of the Govern14 ment’s operation of such computer’’ and

15 inserting ‘‘that use by or for the Govern16 ment of the United States’’; and

17 (ii) by striking ‘‘adversely’’;

18 (D) in paragraph (4)—

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

20 inserting ‘‘protected’’; and

21 (ii) by inserting before the semicolon

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

23 is not more than $5,000 in any 1-year pe24 riod’’;
4

S 982 RS

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

2 follows:

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

4 program, information, code, or command, and as a

5 result of such conduct, intentionally causes damage

6 without authorization, to a protected computer;

7 ‘‘(B) intentionally accesses a protected com8 puter without authorization, and as a result of such

9 conduct, recklessly causes damage; or

10 ‘‘(C) intentionally accesses a protected com11 puter without authorization, and as a result of such

12 conduct, causes damage;’’; and

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

14 following new paragraph:

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

16 firm, association, educational institution, financial

17 institution, government entity, or other legal entity,

18 any money or other thing of value, transmits in

19 interstate or foreign commerce any communication

20 containing any threat to cause damage to a pro21 tected computer;’’;

22 (2) in subsection (c)—

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

24 subsection’’ each place it appears and inserting

25 ‘‘this section’’;
5

S 982 RS

1 (B) in paragraph (2)—

2 (i) in subparagraph (A)—

3 (I) by inserting ‘‘, (a)(5)(C),’’

4 after ‘‘(a)(3)’’; and

5 (II) by striking ‘‘such sub6 section’’ and inserting ‘‘this section’’;

7 (ii) by redesignating subparagraph

8 (B) as subparagraph (C);

9 (iii) by inserting immediately after

10 subparagraph (A) the following:

11 ‘‘(B) a fine under this title or imprison12 ment for not more than 5 years, or both, in the

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

14 ‘‘(i) the offense was committed for

15 purposes of commercial advantage or pri16 vate financial gain;

17 ‘‘(ii) the offense was committed in

18 furtherance of any criminal or tortious act

19 in violation of the Constitution or laws of

20 the United States or of any State; or

21 ‘‘(iii) the value of the information ob22 tained exceeds $5,000;’’; and

23 (iv) in subparagraph (C) (as redesig24 nated), by striking ‘‘such subsection’’ and

25 inserting ‘‘this section’’;
6

S 982 RS

1 (C) in paragraph (3)—

2 (i) in subparagraph (A)—

3 (I) by striking ‘‘(a)(4) or

4 (a)(5)(A)’’ and inserting ‘‘(a)(4),

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

6 (II) by striking ‘‘such sub7 section’’ and inserting ‘‘this section’’;

8 and

9 (ii) in subparagraph (B)—

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

11 and inserting ‘‘(a)(4), (a)(5)(A),

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

13 (II) by striking ‘‘such sub14 section’’ and inserting ‘‘this section’’;

15 and

16 (D) by striking paragraph (4);

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

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

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

20 (4) in subsection (e)—

21 (A) in paragraph (2)—

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

23 inserting ‘‘protected’’;

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

25 ‘‘the use of the financial institution’s oper-
7

S 982 RS

1 ation or the Government’s operation of

2 such computer’’ and inserting ‘‘that use by

3 or for the financial institution or the Gov4 ernment’’; and

5 (iii) by amending subparagraph (B) to

6 read as follows:

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

8 commerce or communication;’’;

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

10 the last place it appears;

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

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

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

14 paragraphs:

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

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

17 system, or information, that—

18 ‘‘(A) causes loss aggregating at least

19 $5,000 in value during any 1-year period to one

20 or more individuals;

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

22 modifies or impairs, the medical examination,

23 diagnosis, treatment, or care of one or more in24 dividuals;
8

S 982 RS

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

2 or

3 ‘‘(D) threatens public health or safety; and

4 ‘‘(9) the term ‘government entity’ includes the

5 Government of the United States, any State or polit6 ical subdivision of the United States, any foreign

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

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

9 (5) in subsection (g)—

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

11 subsection (a)(5)(B),’’; and

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

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

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

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

16 SECTION 1. SHORT TITLE.

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

18 Infrastructure Protection Act of 1996’’.

19 SEC. 2. COMPUTER CRIME.

20 Section 1030 of title 18, United States Code, is amend21 ed—

22 (1) in subsection (a)—

23 (A) in paragraph (1)—

24 (i) by striking ‘‘knowingly accesses’’

25 and inserting ‘‘having knowingly accessed’’;
9

S 982 RS

1 (ii) by striking ‘‘exceeds’’ and inserting

2 ‘‘exceeding’’;

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

4 and inserting ‘‘having obtained informa5 tion’’;

6 (iv) by striking ‘‘the intent or’’;

7 (v) by striking ‘‘is to be used’’ and in8 serting ‘‘could be used’’; and

9 (vi) by inserting before the semicolon

10 at the end the following: ‘‘willfully commu11 nicates, delivers, transmits, or causes to be

12 communicated, delivered, or transmitted, or

13 attempts to communicate, deliver, transmit

14 or cause to be communicated, delivered, or

15 transmitted the same to any person not en16 titled to receive it, or willfully retains the

17 same and fails to deliver it to the officer or

18 employee of the United States entitled to re19 ceive it’’;

20 (B) in paragraph (2)—

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

22 and inserting ‘‘obtains—

23 ‘‘(A) information’’; and

24 (ii) by adding at the end the following

25 new subparagraphs:
10

S 982 RS

1 ‘‘(B) information from any department or

2 agency of the United States; or

3 ‘‘(C) information from any protected com4 puter if the conduct involved an interstate or for5 eign communication;’’;

6 (C) in paragraph (3)—

7 (i) by inserting ‘‘nonpublic’’ before

8 ‘‘computer of a department or agency’’;

9 (ii) by striking ‘‘adversely’’; and

10 (iii) by striking ‘‘the use of the Govern11 ment’s operation of such computer’’ and in12 serting ‘‘that use by or for the Government

13 of the United States’’;

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 is

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

21 (E) by striking paragraph (5) and inserting

22 the following:

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

24 program, information, code, or command, and as a
11

S 982 RS

1 result of such conduct, intentionally causes damage

2 without authorization, to a protected computer;

3 ‘‘(B) intentionally accesses a protected computer

4 without authorization, and as a result of such con5 duct, recklessly causes damage; or

6 ‘‘(C) intentionally accesses a protected computer

7 without authorization, and as a result of such con8 duct, causes damage;’’; and

9 (F) by inserting after paragraph (6) the fol10 lowing new paragraph:

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

12 association, educational institution, financial institu13 tion, government entity, or other legal entity, any

14 money or other thing of value, transmits in interstate

15 or foreign commerce any communication containing

16 any threat to cause damage to a protected computer;’’;

17 (2) in subsection (c)—

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

19 subsection’’ each place that term appears and in20 serting ‘‘this section’’;

21 (B) in paragraph (2)—

22 (i) in subparagraph (A)—

23 (I) by inserting ‘‘, (a)(5)(C),’’

24 after ‘‘(a)(3)’’; and
12

S 982 RS

1 (II) by striking ‘‘such subsection’’

2 and inserting ‘‘this section’’;

3 (ii) by redesignating subparagraph (B)

4 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 pur11 poses of commercial advantage or private fi12 nancial gain;

13 ‘‘(ii) the offense was committed in fur14 therance of any criminal or tortious act in

15 violation of the Constitution or laws of the

16 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)—

21 (I) by striking ‘‘such subsection’’

22 and inserting ‘‘this section’’; and

23 (II) by adding ‘‘and’’ at the end;

24 (C) in paragraph (3)—

25 (i) in subparagraph (A)—
13

S 982 RS

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 subsection’’

5 and inserting ‘‘this section’’; and

6 (ii) in subparagraph (B)—

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

8 and inserting ‘‘(a)(4), (a)(5)(A),

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

10 (II) by striking ‘‘such subsection’’

11 and inserting ‘‘this section’’; and

12 (D) by striking paragraph (4);

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

14 (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6)

15 of’’ before ‘‘this section.’’;

16 (4) in subsection (e)—

17 (A) in paragraph (2)—

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

19 inserting ‘‘protected’’;

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

21 ‘‘the use of the financial institution’s oper22 ation or the Government’s operation of such

23 computer’’ and inserting ‘‘that use by or for

24 the financial institution or the Govern25 ment’’; and
14

S 982 RS

1 (iii) by striking subparagraph (B) and

2 inserting the following:

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

4 commerce or communication;’’;

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

6 the end;

7 (C) in paragraph (7), by striking the period

8 at the end and inserting ‘‘; and’’; and

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

10 paragraphs:

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

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

13 system, or information, that—

14 ‘‘(A) causes loss aggregating at least $5,000

15 in value during any 1-year period to one or

16 more individuals;

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

18 modifies or impairs, the medical examination,

19 diagnosis, treatment, or care of one or more in20 dividuals;

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

22 or

23 ‘‘(D) threatens public health or safety; and

24 ‘‘(9) the term ‘government entity’ includes the

25 Government of the United States, any State or politi-
15

S 982 RS

1 cal subdivision of the United States, any foreign

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

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

4 (5) in subsection (g)—

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

6 subsection (a)(5)(B),’’; and

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

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

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

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