COMPUTER FRAUD AND ABUSE STATUTE

¤ 1030. Fraud and related activity in connection with computers

(a) WhoeverÑ

(1) knowingly accesses a computer without authorization or exceeds
authorized access, and by means of such conduct obtains 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 in paragraph y. of section 11 of the Atomic
Energy Act of 1954, with the intent or reason to believe that such
information so obtained is to be used to the injury of the United States,
or to the advantage of any foreign nation;

(2) intentionally accesses a computer without authorization or exceeds
authorized access, and thereby obtains information contained in a financial
record of a financial institution, or of a card issuer as defined in
section 1602(n) of title 15, or contained in a file of a consumer reporting
agency on a consumer, as such terms are defined in the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.);

(3) intentionally, without authorization to access any computer of a
department or agency of the United States, accesses 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 the use of the Government's operation of such computer,

(4) knowingly and with intent to defraud, accesses a Federal interest
computer without authorization, or exceeds authorized access, and by
means of such conduct furthers the intended fraud and obtains anything of
value, unless the object of the fraud and the thing obtained consists
only of the use of the computer;

shall be punished as provided in subsection (c) of this section.

(5) intentionally accesses a Federal interest computer without
authorization, and by means of one or more instances of such conduct
alters, damages, or destroys information in any such Federal interest
computer, or prevents authorized use of any such computer or information,
and therebyÑ
(A) causes loss to one or more others of a value aggregating $1,000 or
more during any one year period; or
(B) modifies or impairs, or potentially modifies or impairs, the
medical examination, medical diagnosis, medical treatment, or medical
care of one or more individuals; or
(6) knowingly and with intent to defraud traffics (as defined in section
1029) in any password or similar information through which a computer may
be accessed without authorization, ifÑ
(A) such trafficking affects interstate or foreign commerce; or
(B) such computer is used by or for the Government of the United
States;

(b) Whoever attempts to commit an offense under subsection (a) of this
section shall be punished as provided in subsection (c) of this section.
(c) The punishment for an offense under subsection (a) or (b) of this
section isÑ

(1)(A) a fine under this title or 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
such subsection, or an attempt to commit an offense punishable under this
subparagraph; and

(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 such
subsection, or an attempt to commit an offense punishable under this
subparagraph; and

(2)(A) 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) or (a)(1)
of this section which does not occur after a conviction for another offense
under such subsection, 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)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for
another offense under such subsection, or an attempt to commit an offense
punishable under this subparagraph; and

(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)(5)
of this section which does not occur after a conviction for another offense
under such subsection, 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) or (a)(5) of this
section which occurs after a conviction for another offense under such
subsection, or an attempt to commit an offense punishable under this
subparagraph.

(d) The United States Secret Service shall, in addition to any other agency
having such authority, have the authority to investigate offenses under this
section. Such authority of the United States Secret Service 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 sectionÑ

(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 "federal interest computer" means a computerÑ
(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 the use of the financial
institution's operation or the Government's operation of such computer; or
(B) which is one of two or more computers used in committing the offense,
not all of which are located in the same State;
(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" meansÑ

(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 terrns are defined in
paragraphs (1) and (3) of section l(b) of the International Banking Act of
1978); and
(I) an organization operating under section 25 or section 25(a) of the
Federal Reserve Act.

(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; and

(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.

(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. (Added Pub.L. 98-473, Title II, ¤ 2102(a), Oct.
12,1984,98 Stat. 2190, and amended Pub.L.99-474, ¤ 2, Oct. 16,1986, 100 Stat.
1213; Pub.L. 100-690, Title VII, ¤ 7065 Nov. 18, 1988, 102 Stat. 4404; Pub.L.
101-73, Titie IX, ¤ 962(aX5), Aug. 9, 1989 103 Stat. 502- Pub.L. 101-647,
Title XII, ¤ 1205(e), Titie XXV, ¤ 2597(j), Title XXXV, ¤ 3533, Nov. 29, 1990,
104 Stat. 4831, 4910, 4925.)

Editorial Notes

References in Text. Reference to "paragraph y of section 11 of the Atomic
Energy Act of 1954", referred to in subsec. (a)(1) is classified to section
2014(y) of Title 42, Public Health and Welfare.
The Fair Credit Reporting Act, referred to in subsec. (a)(2), is Title VI of
Pub.L. 90-321 as added by Pub.L. 91-508, Title VI, Oct. 26, 1970, 84 Stat.
1127, which is classified to subchapter III (¤ 1681 et seq.) of chapter 41 of
Title 15, Commerce and Trade.
The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is Pub.L. 92-
181, Dec. 10, 1971, 85 Stat. 585, as amended, which is classified generally to
chapter 23 (section 2001 et seq.) of Title 12, Banks and Banking. For complete
classification of this Act to the Code, see Short Title note set out under
section 2001 of Title 12 and Tables.
Section 15 of the Securities Exchange Act of 1934, referred to in subsec.
(e)(4)(F), is classified to section 78O of Title 15 Commerce and Trade.
Section i(b) of the International Banking Act of 1978 referred to in subsec.
(e)(4)(H), is classified to section 310i of Title 12, Banks and Banking.
Section 25 of the Federal Reserve Act, referred to in subsec. (e)(4)(I), is
classified to subchapter I (section 601 et seq.) of chapter 6 of Title 12.
Section 25(a) of the Federal Resenre Act, referred to in subsec. (e)(4)(I),
is classified to subchapter II (seceion 611 et seq.) of chapter 6 of Title 12.
Separability of Provisions. If any provision of Pub.L. 101-73 or the
application thereof to any person or circumstance is held invalid, the
remainder of Pub.L. 101-73 and the application of the provision to other
persons not similarly situated or to other circumstances not to be affected
thereby, see section 1221 of Pub.L. 101-73, set out as a note under section
1811 of Title 12, Banks and Banking.

Reports of Prosecutions. Section 2103 of Pub.L. 98-473, Oct. 12, 1984, 98
Stat. 2192, provided: "The Attorney General shall report to the Congress
annually, during the first three years following the date of the enactment of
this joint resolution [Oct. 12, 1984], concerning prosecutions under the
sections of title 18 of the United States Code added by this chapter."