roundtable: S.982 National Information Infrastructure Protection Act of 1995

roundtable: S.982 National Information Infrastructure Protection Act of 1995

S.982 National Information Infrastructure Protection Act of 1995

Patrice McDermott (patricem@rtk.net)
Thu, 28 Sep 95 13:39:21 EDT 

Date: Thu, 28 Sep 95 13:39:21 EDT
From: Patrice McDermott <patricem@rtk.net>
Subject: S.982 National Information Infrastructure Protection Act of 1995
To: roundtable@cni.org
Message-Id: <Chameleon.950928140045.patrice@patrice.rtknet.org>


The following bill was discussed in yesterday's W.Post magazine 
supplement.  Seems like something TPR should be aware of & that 
someone should analyze for the membership (I am not the one to do 
it--the criminal code is not my bailiwick).

-------------------------------------
Patrice McDermott
patricem@rtk.net
OMB Watch
1742 Connecticut Ave. N.W.
Washington, D.C. 20009
202-234-8494; Fax: 202-234-8584
Date: 09/28/95   Time: 13:39:21 EDT
-------------------------------------


104th CONGRESS
1st Session

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

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,
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 
	    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), 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 Governments 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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