(B)
a fine under this title or 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;
(2)
(A)
except as provided in subparagraph (B), a fine under this
title or 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;
(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), or an attempt
to commit an offense punishable under this subparagraph, 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; [2] So in original. Probably should be
followed by ''and''.
(C)
a fine under this title or 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;
(3)
(A)
a fine under this title or 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; and
(B)
a fine under this title or imprisonment for not more than
ten years, or both, in the case of an offense under subsection (a)(4) [3] (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 subparagraph; and
(4)
(A)
a fine under this title, 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;
(B)
a fine under this title, 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;
(C)
a fine under this title, 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.
(d)
(1)
The United States Secret Service shall, in addition to any
other agency having such authority, have the authority to investigate offenses
under this section.
(2)
The Federal Bureau of Investigation shall have primary
authority to investigate offenses under subsection (a)(1) for any cases
involving espionage, foreign counterintelligence, information protected against
unauthorized disclosure for reasons of national defense or foreign relations, or
Restricted Data (as that term is defined in section 11y of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the duties of
the United States Secret Service pursuant to section 3056(a) of this title.
(3)
Such authority shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the Treasury and the
Attorney General.
(e)
As used in this section -
(1)
the term ''computer'' means an electronic, magnetic,
optical, electrochemical, or other high speed data processing device performing
logical, arithmetic, or storage functions, and includes any data storage
facility or communications facility directly related to or operating in
conjunction with such device, but such term does not include an automated
typewriter or typesetter, a portable hand held calculator, or other similar
device;
(2)
the term ''protected computer'' means a computer -
(A)
exclusively for the use of a financial institution or the
United States Government, or, in the case of a computer not exclusively for such
use, used by or for a financial institution or the United States Government and
the conduct constituting the offense affects that use by or for the financial
institution or the Government; or
(B)
which is used in interstate or foreign commerce or
communication, including a computer located outside the United States that is
used in a manner that affects interstate or foreign commerce or communication of
the United States;
(3)
the term ''State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, and any other commonwealth, possession or territory
of the United States;
(4)
the term ''financial institution'' means -
(A)
an institution, with deposits insured by the Federal
Deposit Insurance Corporation;
(B)
the Federal Reserve or a member of the Federal Reserve
including any Federal Reserve Bank;
(C)
a credit union with accounts insured by the National Credit
Union Administration;
(D)
a member of the Federal home loan bank system and any home
loan bank;
(E)
any institution of the Farm Credit System under the Farm
Credit Act of 1971;
(F)
a broker-dealer registered with the Securities and Exchange
Commission pursuant to section 15 of the Securities Exchange Act of 1934;
(G)
the Securities Investor Protection Corporation;
(H)
a branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the International Banking
Act of 1978); and
(I)
an organization operating under section 25 or section 25(a)
[4] of the Federal Reserve Act.
(FOOTNOTE 5) [5] So in original. The
period probably should be a semicolon.
(5)
the term ''financial record'' means information derived
from any record held by a financial institution pertaining to a customer's
relationship with the financial institution;
(6)
the term ''exceeds authorized access'' means to access a
computer with authorization and to use such access to obtain or alter
information in the computer that the accesser is not entitled so to obtain or
alter;
(7)
the term ''department of the United States'' means the
legislative or judicial branch of the Government or one of the executive
departments enumerated in section 101 of title 5;
(8)
the term ''damage'' means any impairment to the integrity
or availability of data, a program, a system, or information;
(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;
(10)
the term ''conviction'' shall include a conviction under
the law of any State for a crime punishable by imprisonment for more than 1
year, an element of which is unauthorized access, or exceeding authorized
access, to a computer;
(11)
the term ''loss'' means any reasonable cost to any victim,
including the cost of responding to an offense, conducting a damage assessment,
and restoring the data, program, system, or information to its condition prior
to the offense, and any revenue lost, cost incurred, or other consequential
damages incurred because of interruption of service; and
(12)
the term ''person'' means any individual, firm,
corporation, educational institution, financial institution, governmental
entity, or legal or other entity.
(f)
This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law enforcement agency
of the United States, a State, or a political subdivision of a State, or of an
intelligence agency of the United States.
(g)
Any person who suffers damage or loss by reason of a
violation of this section may maintain a civil action against the violator to
obtain compensatory damages and injunctive relief or other equitable relief. A
civil action for a violation of this section may be brought only if the conduct
involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of
subsection (a)(5)(B). Damages for a violation involving only conduct described
in subsection (a)(5)(B)(i) 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. No
action may be brought under this subsection for the negligent design or
manufacture of computer hardware, computer software, or firmware.
(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 subsection (a)(5)
