[Congressional Record Volume 141, Number 109 (Friday, June 30, 1995)]
[Senate]
[Page S9573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


       NATIONAL INFORMATION INFRASTRUCTURE PROTECTION ACT OF 1995

 Mr. KYL. Mr. President, I ask that S. 982, the National 
Information Infrastructure Protection Act of 1995, be printed in the 
Record.
  The text of the bill follows:

                                 S. 982

       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 ``National Information 
     Infrastructure Protection Act of 1995''.

     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:
       ``(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 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
       (ii) by striking ``adversely'';
       (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 amending paragraph (5) to read as follows:
       ``(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 it 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 tortuous 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), by striking 
     ``such subsection'' and inserting ``this section'';
       (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 amending subparagraph (B) to read as follows:
       ``(B) which is used in interstate or foreign commerce or 
     communication;'';
       (B) in paragraph (6), by striking ``and'' the last place it 
     appears;
       (C) by striking the period at the end of paragraph (7) 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)''.
     

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