SEC. 2. CLARIFYING THAT ‘‘ACCESS WITHOUT AUTHORIZA-
TION’’ UNDER SECTION 1030 OF TITLE 18, 
UNITED STATES CODE, MEANS CIRCUMVEN-
TION 
OF 
TECHNOLOGICAL 
BARRIERS 
IN 
ORDER TO GAIN UNAUTHORIZED ACCESS. 
(a) IN GENERAL.—Section 1030(e)(6) of title 18, 
United States Code, is amended by— 
(1) striking ‘‘exceeds authorized access’’ and all 
that follows; and 
(2) inserting the following: ‘‘ ‘access without au-
thorization’ means— 
‘‘(A) to obtain information on a protected 
computer; 
‘‘(B) that the accesser lacks authorization 
to obtain; and 
‘‘(C) by knowingly circumventing one or 
more technological or physical measures that 
are designed to exclude or prevent unauthorized 
individuals from obtaining that information;’’. 
(b) CONFORMING AMENDMENT.—Section 1030 of 
title 18, United States Code, is amended— 
(1) in subsection (d)(10), by striking ‘‘unau-
thorized access, or exceeding authorized access, to 
a’’ and inserting ‘‘access without authorization of a 
protected’’; and 
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(2) by striking ‘‘exceeds authorized access’’ 
each place it appears. 
SEC. 3. ELIMINATING REDUNDANCY. 
(a) REPEAL.—Section 1030(a) of title 18, United 
States Code, is amended— 
(1) by striking paragraph (4); and 
(2) by redesignating paragraphs (5), (6), and 
(7) as paragraphs (4), (5), and (6), respectively. 
(b) CONFORMING AMENDMENTS.—Section 1030 of 
title 18, United States Code, is amended— 
(1) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘(a)(6)’’ 
each place it appears and inserting ‘‘(a)(5)’’; 
and 
(B) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘subsection (a)(4) or (a)(7)’’ and inserting 
‘‘subsection (a)(6)’’; and 
(ii) in subparagraph (B), by striking 
‘‘subsection (a)(4), or (a)(7)’’ and insert-
ing ‘‘subsection (a)(6)’’; and 
(C) in paragraph (4)— 
(i) in subparagraph (A)(i), in the mat-
ter preceding clause (i), by striking ‘‘sub-
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section (a)(5)(B)’’ and inserting ‘‘sub-
section (a)(4)(B)’’; 
(ii) in subparagraph (B)(i), by strik-
ing ‘‘subsection (a)(5)(A)’’ and inserting 
‘‘subsection (a)(4)(A)’’; 
(iii) in subparagraph (C)(i), by strik-
ing ‘‘subsection (a)(5)’’ and inserting ‘‘sub-
section (a)(4)’’; 
(iv) in subparagraph (D)(i), by strik-
ing ‘‘subsection (a)(5)(C)’’ and inserting 
‘‘subsection (a)(4)(C)’’; 
(v) in subparagraph (E), by striking 
‘‘subsection (a)(5)(A)’’ and inserting ‘‘sub-
section (a)(4)(A)’’; 
(vi) in subparagraph (F), by striking 
‘‘subsection (a)(5)(A)’’ and inserting ‘‘sub-
section (a)(4)(A)’’; and 
(vii) in subparagraph (G)(i), by strik-
ing ‘‘subsection (a)(5)’’ and inserting ‘‘sub-
section (a)(4)’’; and 
(2) in subsection (h), by striking ‘‘subsection 
(a)(5)’’ and inserting ‘‘subsection (a)(4)’’. 
SEC. 4. MAKING PENALTIES PROPORTIONAL TO CRIMES. 
(a) Section 1030(c)(2) of title 18, United States 
Code, is amended— 
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(1) in subparagraph (A)— 
(A) by striking ‘‘conviction for another’’ 
and inserting ‘‘subsequent’’; and 
(B) by inserting ‘‘such’’ after ‘‘attempt to 
commit’’; 
(2) in subparagraph (B)(i), by inserting after 
‘‘financial gain’’ the following: ‘‘and the fair market 
value of the information obtained exceeds $5,000’’; 
(3) in subparagraph (B)(ii), by striking ‘‘the of-
fense was committed’’ and all that follows through 
the semicolon, and inserting the following: ‘‘the of-
fense 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 in-
formation without authorization;’’; 
(4) in subparagraph (B)(iii), by inserting ‘‘fair 
market’’ before ‘‘value’’; and 
(5) in subparagraph (C)— 
(A) by striking ‘‘conviction for another’’ 
and inserting ‘‘subsequent’’; and 
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(B) by inserting ‘‘such’’ after ‘‘attempt to 
commit’’. 
Æ 
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