Posted by Orin Kerr:
Recent Computer Crime Legislation -- The Actual Text, So You Can Read It
Yourself:
http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253756353
I wanted to blog a bit about some [1]recent computer crime legislation
that Congress passed, but I realized that my instinct was to summarize
the bill so you call could understand it. As we know from the
ReadtheBill movement, that's just lazy: If you really care about
democracy, you want to read the actual bill. So here's the actual
language of the Section of the bill I wanted to point out:
SEC. 204. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.
(a) In General- Section 1030 of title 18, United States Code, is
amended--
(1) in subsection (a)(5)--(A) by striking subparagraph (B); and(B)
in subparagraph (A)--(i) by striking �(A)(i) knowingly� and
inserting �(A) knowingly�;(ii) by redesignating clauses (ii) and
(iii) as subparagraphs (B) and (C), respectively; and(iii) in
subparagraph (C), as so redesignated--(I) by inserting �and loss�
after �damage�; and(II) by striking �; and� and inserting a
period;(2) in subsection (c)--(A) in paragraph (2)(A), by striking
�(a)(5)(A)(iii),�;(B) in paragraph (3)(B), by striking
�(a)(5)(A)(iii),�;
�(4)(A) except as provided in subparagraphs (E) and (F), a fine
under this title, imprisonment for not more than 5 years, or both,
in the case of--
�(i) an offense under subsection (a)(5)(B), which does not occur
after a conviction for another offense under this section, if the
offense caused (or, in the case of an attempted offense, would, if
completed, have caused)--
�(I) 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; �(II) the modification or
impairment, or potential modification or impairment, of the medical
examination, diagnosis, treatment, or care of 1 or more
individuals;�(III) physical injury to any persons; �(IV) a threat
to public health or safety;�(V) damage affecting a computer used by
or for an entity of the United States Government in furtherance of
the administration of justice, national defense, or national
security; or �(VI) damage affecting 10 or more protected computers
during any 1-year period; or �(ii) an attempt to commit an offense
punishable under this subparagraph; �(B) except as provided in
subparagraphs (E) and (F), a fine under this title, imprisonment
for not more than 10 years, or both, in the case of--�(i) an
offense under subsection (a)(5)(A), which does not occur after a
conviction for another offense under this section, if the offense
caused (or, in the case of an attempted offense, would, if
completed, have caused) a harm provided in subclauses (I) through
(VI) of subparagraph (A)(i); or �(ii) an attempt to commit an
offense punishable under this subparagraph; �(C) except as provided
in subparagraphs (E) and (F), a fine under this title, imprisonment
for not more than 20 years, or both, in the case of-- �(i) an
offense or an attempt to commit an offense under subparagraphs (A)
or (B) of subsection (a)(5) that occurs after a conviction for
another offense under this section; or �(ii) an attempt to commit
an offense punishable under this subparagraph; �(D) a fine under
this title, imprisonment for not more than 10 years, or both, in
the case of-- �(i) an offense or an attempt to commit an offense
under subsection (a)(5)(C) that occurs after a conviction for
another offense under this section; or �(ii) an attempt to commit
an offense punishable under this subparagraph; �(E) if the offender
attempts to cause or knowingly or recklessly causes serious bodily
injury from conduct in violation of subsection (a)(5)(A), a fine
under this title, imprisonment for not more than 20 years, or both;
�(F) if the offender attempts to cause or knowingly or recklessly
causes death from conduct in violation of subsection (a)(5)(A), a
fine under this title, imprisonment for any term of years or for
life, or both; or �(G) a fine under this title, imprisonment for
not more than 1 year, or both, for--�(i) any other offense under
subsection (a)(5); or �(ii) an attempt to commit an offense
punishable under this subparagraph.�; and (D) by striking paragraph
(5); and (3) in subsection (g)-- (A) in the second sentence, by
striking �in clauses (i), (ii), (iii), (iv), or (v) of subsection
(a)(5)(B)� and inserting �in subclauses (I), (II), (III), (IV), or
(V) of subsection (c)(4)(A)(i)�; and (B) in the third sentence, by
striking �subsection (a)(5)(B)(i)� and inserting �subsection
(c)(4)(A)(i)(I)�. (b) Conforming Changes- Section 2332b(g)(5)(B)(i)
of title 18, United States Code, is amended by striking
�1030(a)(5)(A)(i) resulting in damage as defined in
1030(a)(5)(B)(ii) through (v)� and inserting �1030(a)(5)(A)
resulting in damage as defined in 1030(c)(4)(A)(i)(II) through
(VI)�.
Interesting, isn't it? I don't really have anything to say about it
that isn't obvious from the text, but I thought you might want to read
the text for yourself so you can understand what Congress did. It's
always good to read the bill.
References
1. http://www.govtrack.us/congress/billtext.xpd?bill=h110-5938
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