When the FBI Comes Calling…®

COMPUTER CRIMES (Continued)

18 U.S.C. § 1030 (2007).

The Crime

Section 1030 is the main component of the Computer Fraud and Abuses Act. The FBI and the United States Secret Service may investigate violations of this section. 18 U.S.C. 1030(d). It is a violation of this section for a person to:

  • having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined by 42 U.S.C. § 2014(y), with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation
    • willfully communicate, deliver, transmit, or cause to be communicated, delivered, or transmitted, or attempt to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or
    • willfully retain the same and fail to deliver it to the officer or employee of the United States entitled to receive it; 18 U.S.C. § 1030(a)(1); or
  • intentionally access a computer without authorization or exceed authorized access, and thereby obtain-
    • information contained in a financial record of a financial institution, or of a card issuer as defined by 15 U.S.C. § 1602(n) or contained in a file of a consumer reporting agency on a consumer, as such terms are defined by 15 U.S.C. §§ 1681 et seq.; id. § 1030(a)(2)(A);
    • information from any department or agency of the United States; id. § 1030(a)(2)(B); or
    • information from any protected computer if the conduct involved an interstate or foreign communication; id. § 1030(a)(2)(C); or
  • intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, access such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States; id. § 1030(a)(3); or
  • knowingly and with intent to defraud, access a protected computer without authorization, or exceed authorized access, and by means of such conduct further the intended fraud and obtain anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $ 5,000 in any 1-year period; id. § 1030(a)(4); or
  • cause damage by
    • knowingly cause the transmission of a program, information, code, or command, and as a result of such conduct, intentionally cause damage without authorization, to a protected computer; id. § 1030(a)(5)(A)(i);
    • intentionally access a protected computer without authorization, and as a result of such conduct, recklessly cause damage; id. § 1030(a)(5)(A)(ii); or
    • intentionally access a protected computer without authorization, and as a result of such conduct, cause damage; id. § 1030(a)(5)(A)(iii); and
  • by the just-mentioned conduct cause
    • loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $ 5,000 in value; id. § 1030(a)(5)(B)(i);
    • the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; id. § 1030(a)(5)(B)(ii);
    • physical injury to any person; id. § 1030(a)(5)(B)(iii);
    • a threat to public health or safety; id. § 1030(a)(5)(B)(iv)or
    • damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security; id. § 1030(a)(5)(B)(v); or
  • knowingly and with intent to defraud traffic in any password or similar information through which a computer may be accessed without authorization, if-
    • such trafficking affects interstate or foreign commerce; id. § 1030(a)(6)(A); or
    • such computer is used by or for the Government of the United States; id. § 1030(a)(6)(B);
  • with intent to extort from any person 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; id. § 1030(a)(7);

If a person attempts to commit any of the offenses found in section 1030(a), he will be punished as if he had actually committed the violation. 18 U.S.C. § 1030(b).

The Punishment
Punishment for a violation of section 1030 is enormously complicated. Punishment can consist of:

  • a fine, imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; 18 U.S.C. § 1030(c)(1)(A); and
  • a fine, imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under this section; or an attempt to commit an offense punishable under this subparagraph; id. § 1030(c)(1)(B);
  • a fine, imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; id. § 1030(c)(2)(A);
  • a fine, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2), or an attempt to commit an offense punishable under this subparagraph, if-
    • the offense was committed for purposes of commercial advantage or private financial gain; id. § 1030(c)(2)(B)(i);
    • 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; id. § 1030(c)(2)(B)(ii); or
    • the value of the information obtained exceeds $ 5,000; id. § 1030(c)(2)(B)(iii);
      • a fine, imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; id. § 1030(c)(2)(C);
      • a fine, imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; id. § 1030(c)(3)(A); and
      • a fine, imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this section; id. § 1030(c)(3)(B);
      • a fine, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection; id. § 1030(c)(4)(A);
      • a fine, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection; id. § 1030(c)(4)(B);
      • a fine, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section; id. § 1030(c)(4)(C); and
      • if the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for not more than 20 years, or both; id. § 1030(c)(5)(A); and
      • if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both. id. § 1030(c)(5)(B);

Computer Crimes Continued-->