(8) in subsection (c)(1)(A) and (B), by striking
‘‘, or an attempt to commit an offense punishable
under this subparagraph’’;
(9) in subsection (c)(1)(A), by inserting ‘‘,
(a)(5)(A)(i), or (a)(5)(A)(ii)’’ after ‘‘(a)(1)’’;
(10) by amending subsection (c)(2)(A) to read as
follows:
‘‘(2)(A) 
except 
as 
provided 
in 
subsection
(c)(2)(B), a fine under this title or imprisonment for
not more than one year, or both, in the case of an of-
fense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or
(a)(6) of this section which does not occur after a con-
viction for another offense under this section;’’;
(11) by striking subparagraph (C) of subsection
(c)(2);
(12) in subsection (c)(3)—
(A) by striking ‘‘(3)(A)’’ and inserting
‘‘(3)’’;
(B) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’;
(C) by striking ‘‘, or an attempt to commit
an offense punishable under this subparagraph;
and’’ and inserting ‘‘; and’’; and
(D) by striking subparagraph (B) and in-
serting:
‘‘(4) 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), (a)(4), (a)(5),
(a)(6), or (a)(7) of this section which occurs after a
conviction for another offense under this section.’’;
(13) in subsection (d)—
(A) by striking ‘‘subsections (a)(2)(A),
(a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of’’;
and
(B) by striking ‘‘which shall be entered into
by’’ and inserting ‘‘between’’;
(14) in subsection (e)(7), by striking ‘‘and’’ after
the semicolon;
(15) in subsection (e)(8), by striking all after
‘‘information’’ and inserting a semicolon;
(16) in subsection (e)(9), by striking the period
at the end and inserting a semicolon;
(17) by inserting the following after subsection
(e)(9):
‘‘(10) the term ‘conviction for another offense
under this section’ includes a State conviction for a
crime punishable by imprisonment for more than 1
year, an element of which is unauthorized access, or
exceeding authorized access, to a computer;
‘‘(11) the term ‘loss’ means any reasonable cost
to any victim, including responding to the offense,
conducting a damage assessment, restoring any data,
program, system, or information to its condition be-
fore the offense, and any revenue lost or costs incurred
because of interruption of service; and
‘‘(12) the term ‘person’ includes any individual,
firm, association, educational institution, financial
institution, corporation, company, partnership, gov-
ernment entity, or other legal entity.’’;
(18) by amending subsection (g) to read as fol-
lows:
‘‘(g) Except as herein provided, 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 com-
pensatory damages and injunctive or other equitable relief.
A suit for a violation of subsection (a)(5) may be brought
only if the conduct involves one or more of the factors enu-
merated in subsection (a)(5)(B). 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.’’; and
(19) by adding the following subsection after sub-
section (h):
‘‘(i)(1) The court, in imposing sentence on any person
convicted of a violation of this section, shall order, in addi-
tion to any other sentence imposed and irrespective of any
provision of State law, that such person forfeit to the United
States—
‘‘(A) such person’s interest in any personal prop-
erty that was used or intended to be used to commit
or to facilitate the commission of such violation; and
‘‘(B) any property, real or personal, constituting
or derived from, any proceeds that such person ob-
tained, directly or indirectly, as a result of such vio-
lation.
‘‘(2) The criminal forfeiture of property under this
subsection, any seizure and disposition thereof, and any ad-
ministrative or judicial proceeding in relation thereto, shall
be governed by the provisions of section 413 of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except subsection (d) of that section.’’.
(b) SENTENCING COMMISSION.—Section 805(c) of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132; 28 U.S.C. 994 note) is amended by
striking ‘‘shall amend the sentencing guidelines to ensure
any individual convicted of a violation of paragraph (4)
or (5)’’ and inserting ‘‘shall amend the sentencing guide-
lines to ensure any individual convicted of a violation of
paragraph (4) or a felony violation of paragraph (5)(A)(i)
(but not of paragraph (5)(A)(ii) or (5)(A)(iii))’’.
SEC. 9. INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC
COMMUNICATIONS AMENDMENTS.
Chapter 119 of title 18, United States Code, is
amended—
(1) in section 2510(10), by striking ‘‘153(h)’’
and inserting ‘‘153(10)’’;
(2) in section 2516(1), by striking ‘‘wire or oral’’
and inserting ‘‘wire, oral, or electronic’’;
(3) in the first paragraph (p) of section 2516(1),
by inserting ‘‘section 1030 (relating to computer
fraud and abuse), section 1362 (relating to destruc-
tion of government communications facilities),’’ after
‘‘identification documents),’’; and
(4) in section 2516(1), by redesignating the sec-
ond paragraph (p) as paragraph (q).
SEC. 10. AMENDMENTS TO THE ELECTRONIC COMMUNICA-
TIONS PRIVACY ACT.
(a) PENALTIES FOR UNLAWFUL ACCESS TO STORED
COMMUNICATIONS.—Section 2701 of title 18, United States
Code, is amended—
(1) in subsection (b)(1)—
(A) by striking ‘‘purposes of’’ and inserting
‘‘a tortious or illegal purpose,’’;