Computer Crime Provision of the Crime Bill
Title XXIX--COMPUTER CRIME
Sec. 290001. Computer Abuse Amendments Act of 1994.
(a) SHORT TITLE.--This subtitle may be cited as the "Computer
Abuse Amendments Act of 1992".
(b) PROHIBITION.--Section 1030(a)(5) of title 18, United
States Code, is amended to read as follows:
(5)(A) through means of a computer used in interstate
commerce or communications, knowingly causes the transmission
of a program, information, code, or command to a computer or
computer system if--
"(i) the person causing the transmission intends
that such transmission will--
"(I) damage, or cause damage to a computer,
computer system, network, information, data, or
program; or
"(II) withhold or deny, or cause the
withholding or denial, of the use of a computer,
computer services, system or network, information,
data or program; and
"(ii) the transmission of the harmful component of
the program, information, code, or command--
"(I) occurred without the authorization of the
persons or entities who own or are responsible for
the computer system receiving the program,
information, code, or command; and
"(II)(aa) causes loss or damage to one or more
other persons of value aggregating $1,000 or more
during any 1-year period; or
"(bb) modifies or impairs, or potentially
modifies or impairs, the medical examination,
medical diagnosis, medical treatment, or medical
care of one or more individuals; or
"(B) through means of a computer used in interstate
commerce or communication, knowingly causes the transmission
of a program, information, code, or command to a computer or
computer system--
"(i) with reckless disregard of a substantial and
unjustifiable risk that the transmission will--
"(I) damage, or cause damage to, a computer,
computer system, network, information, data or
program; or
"(II) withhold or deny or cause the
withholding or denial of the use of a computer,
computer services, system, network, information,
data or program; and
"(ii) if the transmission of the harmful component
of the program, information, code, or command--
"(I) occurred without the knowledge and
authorization of the persons or entities who own or
are responsible for the computer system receiving
the program, information, code, or command; and
"(II)(aa) causes loss or damage to one or more
other persons of a value aggregating $1,000 or more
during any 1-year period; or
"(bb) modifies or impairs, or potentially
modifies or impairs, the medical examination,
medical diagnosis, medical treatment, or medical
care of one or more individuals;"
(c) PENALTY.--Section 1030(c) of title 18, United States Code
is amended--
(1) in paragraph (2)(B) by striking "and" after the
semicolon;
(2) in paragraph (3)(A) by inserting "(A)" after
"(a)(5)";
(3) in paragraph (3)(B) by striking the period at the end
thereof and inserting ";and";and
(4) by adding at the end the following new paragraph;
"(4) a fine under this title or imprisonment for not more
than 1 year, or both, in the case of an offense under
subsection (a)(5)(B)."
(d) CIVIL ACTION--section 1030 of title 18, United States
Code, is amended by adding at the end thereof the following new
subsection:
"(g) Any person who suffers damage or loss by reason of a
violation of the section, other than a violation of subsection
(a)(5)(B), may maintain a civil action against the violator to
obtain compensatory damages and injunctive relief or other
equitable relief. Damages for violations of any subsection other
than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are
limited to economic damages. 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."
(e) REPORTING REQUIREMENTS.--Section 1030 of title 18 United
States Code, is amended by adding at the end the following new
subsection:
"(h) The Attorney General and the Secretary of the Treasury
shall report to the Congress annually, during the first 3 years
following the date of the enactment of this subsection, concerning
investigations and prosecutions under section 1030(a)(5) of title
18, United States Code."
(f) PROHIBITION.--Section 1030(a)(3) of title 18, United
States Code, is amended by inserting "adversely" before "affects
the use of the Government's operation of such computer".