[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1030 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1030
To amend title 18, United States Code, to provide for clarification as
to the meaning of access without authorization, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 21, 2015
Mr. Wyden (for himself and Mr. Paul) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide for clarification as
to the meaning of access without authorization, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aaron's Law Act of 2015''.
SEC. 2. CLARIFYING THAT ``ACCESS WITHOUT AUTHORIZATION'' UNDER SECTION
1030 OF TITLE 18, UNITED STATES CODE, MEANS CIRCUMVENTION
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
authorization' 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 ``unauthorized
access, or exceeding authorized access, to a'' and inserting
``access without authorization of a protected''; and
(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)'';
(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 inserting
``subsection (a)(6)''; and
(C) in paragraph (4)--
(i) in subparagraph (A)(i), in the matter
preceding clause (i), by striking ``subsection
(a)(5)(B)'' and inserting ``subsection
(a)(4)(B)'';
(ii) in subparagraph (B)(i), by striking
``subsection (a)(5)(A)'' and inserting
``subsection (a)(4)(A)'';
(iii) in subparagraph (C)(i), by striking
``subsection (a)(5)'' and inserting
``subsection (a)(4)'';
(iv) in subparagraph (D)(i), by striking
``subsection (a)(5)(C)'' and inserting
``subsection (a)(4)(C)'';
(v) in subparagraph (E), by striking
``subsection (a)(5)(A)'' and inserting
``subsection (a)(4)(A)'';
(vi) in subparagraph (F), by striking
``subsection (a)(5)(A)'' and inserting
``subsection (a)(4)(A)''; and
(vii) in subparagraph (G)(i), by striking
``subsection (a)(5)'' and inserting
``subsection (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--
(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 offense was
committed'' and all that follows through the semicolon, and
inserting the following: ``the offense 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
information 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
(B) by inserting ``such'' after ``attempt to
commit''.
<all>