[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 982 Reported in Senate (RS)]





                                                       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





                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Information 
Infrastructure Protection Act of 1995''.</DELETED>

<DELETED>SEC. 2. COMPUTER CRIME.</DELETED>

<DELETED>    Section 1030 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``knowingly 
                        accesses'' and inserting ``having knowingly 
                        accessed'';</DELETED>
                        <DELETED>    (ii) by striking ``exceeds'' and 
                        inserting ``exceeding'';</DELETED>
                        <DELETED>    (iii) by striking ``obtains 
                        information'' and inserting ``having obtained 
                        information'';</DELETED>
                        <DELETED>    (iv) by striking ``the intent 
                        or'';</DELETED>
                        <DELETED>    (v) by striking ``is to be used'' 
                        and inserting ``could be used''; and</DELETED>
                        <DELETED>    (vi) by inserting before the 
                        semicolon at the end the following: ``willfully 
                        communicates, delivers, transmits, or causes to 
                        be communicated, delivered, or transmitted, or 
                        attempts to communicate, deliver, transmit or 
                        cause to be communicated, delivered, or 
                        transmitted the same to any person not entitled 
                        to receive it, or willfully retains the same 
                        and fails to deliver it to the officer or 
                        employee of the United States entitled to 
                        receive it'';</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``obtains 
                        information'' and inserting ``obtains--
                        </DELETED>
                <DELETED>    ``(A) information''; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(B) information from any department or 
                agency of the United States; or</DELETED>
                <DELETED>    ``(C) information from any protected 
                computer if the conduct involved an interstate or 
                foreign communication;'';</DELETED>
                <DELETED>    (C) in paragraph (3)--</DELETED>
                        <DELETED>    (i) by striking ``the use of the 
                        Government's operation of such computer'' and 
                        inserting ``that use by or for the Government 
                        of the United States''; and</DELETED>
                        <DELETED>    (ii) by striking 
                        ``adversely'';</DELETED>
                <DELETED>    (D) in paragraph (4)--</DELETED>
                        <DELETED>    (i) by striking ``Federal 
                        interest'' and inserting ``protected''; 
                        and</DELETED>
                        <DELETED>    (ii) by inserting before the 
                        semicolon the following: ``and the value of 
                        such use is not more than $5,000 in any 1-year 
                        period'';</DELETED>
                <DELETED>    (E) by amending paragraph (5) to read as 
                follows:</DELETED>
        <DELETED>    ``(5)(A) knowingly causes the transmission of a 
        program, information, code, or command, and as a result of such 
        conduct, intentionally causes damage without authorization, to 
        a protected computer;</DELETED>
        <DELETED>    ``(B) intentionally accesses a protected computer 
        without authorization, and as a result of such conduct, 
        recklessly causes damage; or</DELETED>
        <DELETED>    ``(C) intentionally accesses a protected computer 
        without authorization, and as a result of such conduct, causes 
        damage;''; and</DELETED>
                <DELETED>    (F) by inserting after paragraph (6) the 
                following new paragraph:</DELETED>
        <DELETED>    ``(7) with intent to extort from any person, firm, 
        association, educational institution, financial institution, 
        government entity, or other legal entity, any money or other 
        thing of value, transmits in interstate or foreign commerce any 
        communication containing any threat to cause damage to a 
        protected computer;'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``such 
                subsection'' each place it appears and inserting ``this 
                section'';</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) by inserting ``, 
                                (a)(5)(C),'' after ``(a)(3)''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section'';</DELETED>
                        <DELETED>    (ii) by redesignating subparagraph 
                        (B) as subparagraph (C);</DELETED>
                        <DELETED>    (iii) by inserting immediately 
                        after subparagraph (A) the following:</DELETED>
                <DELETED>    ``(B) a fine under this title or 
                imprisonment for not more than 5 years, or both, in the 
                case of an offense under subsection (a)(2), if--
                </DELETED>
                        <DELETED>    ``(i) the offense was committed 
                        for purposes of commercial advantage or private 
                        financial gain;</DELETED>
                        <DELETED>    ``(ii) the offense was committed 
                        in furtherance of any criminal or tortious act 
                        in violation of the Constitution or laws of the 
                        United States or of any State; or</DELETED>
                        <DELETED>    ``(iii) the value of the 
                        information obtained exceeds $5,000;''; 
                        and</DELETED>
                        <DELETED>    (iv) in subparagraph (C) (as 
                        redesignated), by striking ``such subsection'' 
                        and inserting ``this section'';</DELETED>
                <DELETED>    (C) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) by striking ``(a)(4) 
                                or (a)(5)(A)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), or (a)(7)''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B)--
                        </DELETED>
                                <DELETED>    (I) by striking ``(a)(4) 
                                or (a)(5)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), (a)(5)(C), or 
                                (a)(7)''; and</DELETED>
                                <DELETED>    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and</DELETED>
                <DELETED>    (D) by striking paragraph (4);</DELETED>
        <DELETED>    (3) in subsection (d), by inserting ``subsections 
        (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of'' 
        before ``this section.'';</DELETED>
        <DELETED>    (4) in subsection (e)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``Federal 
                        interest'' and inserting 
                        ``protected'';</DELETED>
                        <DELETED>    (ii) in subparagraph (A), by 
                        striking ``the use of the financial 
                        institution's operation or the Government's 
                        operation of such computer'' and inserting 
                        ``that use by or for the financial institution 
                        or the Government''; and</DELETED>
                        <DELETED>    (iii) by amending subparagraph (B) 
                        to read as follows:</DELETED>
                <DELETED>    ``(B) which is used in interstate or 
                foreign commerce or communication;'';</DELETED>
                <DELETED>    (B) in paragraph (6), by striking ``and'' 
                the last place it appears;</DELETED>
                <DELETED>    (C) by striking the period at the end of 
                paragraph (7) and inserting ``; and''; and</DELETED>
                <DELETED>    (D) by adding at the end the following new 
                paragraphs:</DELETED>
        <DELETED>    ``(8) the term `damage' means any impairment to 
        the integrity or availability of data, a program, a system, or 
        information, that--</DELETED>
                <DELETED>    ``(A) causes loss aggregating at least 
                $5,000 in value during any 1-year period to one or more 
                individuals;</DELETED>
                <DELETED>    ``(B) modifies or impairs, or potentially 
                modifies or impairs, the medical examination, 
                diagnosis, treatment, or care of one or more 
                individuals;</DELETED>
                <DELETED>    ``(C) causes physical injury to any 
                person; or</DELETED>
                <DELETED>    ``(D) threatens public health or safety; 
                and</DELETED>
        <DELETED>    ``(9) the term `government entity' includes the 
        Government of the United States, any State or political 
        subdivision of the United States, any foreign country, and any 
        state, province, municipality, or other political subdivision 
        of a foreign country.''; and</DELETED>
        <DELETED>    (5) in subsection (g)--</DELETED>
                <DELETED>    (A) by striking ``, other than a violation 
                of subsection (a)(5)(B),''; and</DELETED>
                <DELETED>    (B) by striking ``of any subsection other 
                than subsection (a)(5)(A)(ii)(II)(bb) or 
                (a)(5)(B)(ii)(II)(bb)'' and inserting ``involving 
                damage as defined in subsection (e)(8)(A)''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Information Infrastructure 
Protection Act of 1996''.

SEC. 2. COMPUTER CRIME.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``knowingly accesses'' and 
                        inserting ``having knowingly accessed'';
                            (ii) by striking ``exceeds'' and inserting 
                        ``exceeding'';
                            (iii) by striking ``obtains information'' 
                        and inserting ``having obtained information'';
                            (iv) by striking ``the intent or'';
                            (v) by striking ``is to be used'' and 
                        inserting ``could be used''; and
                            (vi) by inserting before the semicolon at 
                        the end the following: ``willfully 
                        communicates, delivers, transmits, or causes to 
                        be communicated, delivered, or transmitted, or 
                        attempts to communicate, deliver, transmit or 
                        cause to be communicated, delivered, or 
                        transmitted the same to any person not entitled 
                        to receive it, or willfully retains the same 
                        and fails to deliver it to the officer or 
                        employee of the United States entitled to 
                        receive it'';
                    (B) in paragraph (2)--
                            (i) by striking ``obtains information'' and 
                        inserting ``obtains--
                    ``(A) information''; and
                            (ii) by adding at the end the following new 
                        subparagraphs:
                    ``(B) information from any department or agency of 
                the United States; or
                    ``(C) information from any protected computer if 
                the conduct involved an interstate or foreign 
                communication;'';
                    (C) in paragraph (3)--
                            (i) by inserting ``nonpublic'' before 
                        ``computer of a department or agency'';
                            (ii) by striking ``adversely''; and
                            (iii) by striking ``the use of the 
                        Government's operation of such computer'' and 
                        inserting ``that use by or for the Government 
                        of the United States'';
                    (D) in paragraph (4)--
                            (i) by striking ``Federal interest'' and 
                        inserting ``protected''; and
                            (ii) by inserting before the semicolon the 
                        following: ``and the value of such use is not 
                        more than $5,000 in any 1-year period'';
                    (E) by striking paragraph (5) and inserting the 
                following:
            ``(5)(A) knowingly causes the transmission of a program, 
        information, code, or command, and as a result of such conduct, 
        intentionally causes damage without authorization, to a 
        protected computer;
            ``(B) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, recklessly 
        causes damage; or
            ``(C) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, causes 
        damage;''; and
                    (F) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) with intent to extort from any person, firm, 
        association, educational institution, financial institution, 
        government entity, or other legal entity, any money or other 
        thing of value, transmits in interstate or foreign commerce any 
        communication containing any threat to cause damage to a 
        protected computer;'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``such 
                subsection'' each place that term appears and inserting 
                ``this section'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``, (a)(5)(C),'' 
                                after ``(a)(3)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section'';
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by inserting immediately after 
                        subparagraph (A) the following:
                    ``(B) a fine under this title or imprisonment for 
                not more than 5 years, or both, in the case of an 
                offense under subsection (a)(2), if--
                            ``(i) the offense was committed for 
                        purposes of commercial advantage or private 
                        financial gain;
                            ``(ii) the offense was committed in 
                        furtherance of any criminal or tortious act in 
                        violation of the Constitution or laws of the 
                        United States or of any State; or
                            ``(iii) the value of the information 
                        obtained exceeds $5,000;''; and
                            (iv) in subparagraph (C) (as 
                        redesignated)--
                                    (I) by striking ``such subsection'' 
                                and inserting ``this section''; and
                                    (II) by adding ``and'' at the end;
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(a)(4) or 
                                (a)(5)(A)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), or (a)(7)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(a)(4) or 
                                (a)(5)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), (a)(5)(C), or 
                                (a)(7)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and
                    (D) by striking paragraph (4);
            (3) in subsection (d), by inserting ``subsections 
        (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of'' 
        before ``this section.'';
            (4) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) by striking ``Federal interest'' and 
                        inserting ``protected'';
                            (ii) in subparagraph (A), by striking ``the 
                        use of the financial institution's operation or 
                        the Government's operation of such computer'' 
                        and inserting ``that use by or for the 
                        financial institution or the Government''; and
                            (iii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) which is used in interstate or foreign 
                commerce or communication;'';
                    (B) in paragraph (6), by striking ``and'' at the 
                end;
                    (C) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(8) the term `damage' means any impairment to the 
        integrity or availability of data, a program, a system, or 
        information, that--
                    ``(A) causes loss aggregating at least $5,000 in 
                value during any 1-year period to one or more 
                individuals;
                    ``(B) modifies or impairs, or potentially modifies 
                or impairs, the medical examination, diagnosis, 
                treatment, or care of one or more individuals;
                    ``(C) causes physical injury to any person; or
                    ``(D) threatens public health or safety; and
            ``(9) the term `government entity' includes the Government 
        of the United States, any State or political subdivision of the 
        United States, any foreign country, and any state, province, 
        municipality, or other political subdivision of a foreign 
        country.''; and
            (5) in subsection (g)--
                    (A) by striking ``, other than a violation of 
                subsection (a)(5)(B),''; and
                    (B) by striking ``of any subsection other than 
                subsection (a)(5)(A)(ii)(II)(bb) or 
                (a)(5)(B)(ii)(II)(bb)'' and inserting ``involving 
                damage as defined in subsection (e)(8)(A)''.