by Unknown
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.
Title VI: Providing for Victims of Terrorism,
Public Safety Officers, and Their Families
Subtitle A: Aid to Families of Public Safety Officers
Sec. 611. Expedited payment for public safety officers involved in the
prevention, investigation, rescue, or recovery efforts related to a ter-
rorist attack.
Sec. 612. Technical correction with respect to expedited payments for
heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.
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Appendix B: Computer Crime and Privacy Laws
Subtitle B: Amendments to the Victims of Crime Act of 1984
Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.
Title VII: Increased Information Sharing for
Critical Infrastructure Protection
Sec. 711. Expansion of regional information sharing system to facilitate
Federal-State-local law enforcement response related to terrorist attacks.
Title VIII: Strengthening the Criminal Laws against Terrorism
Sec. 801. Terrorist attacks and other acts of violence against mass transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material sup-
port to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving
records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic capabilities.
Sec. 817. Expansion of the biological weapons statute.
Title IX: Improved Intelligence
Sec. 901. Responsibilities of Director of Central Intelligence regarding
foreign intelligence collected under Foreign Intelligence Surveillance
Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope of foreign intelligence under National Security Act of 1947.
Appendix B: Computer Crime and Privacy Laws
341
Sec. 903. Sense of Congress on the establishment and maintenance of
intelligence relationships to acquire information on terrorists and
terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports
on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of for-
eign intelligence-related information with respect to criminal
investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and
use of foreign intelligence.
Title X: Miscellaneous
Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of “electronic surveillance.”
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for DEA police training in south and
central Asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning sys-
tem with access to the FBI integrated automated fingerprint identi-
fication system at overseas consular posts and points of entry to the
United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State govern-
ments for performance of security functions at United States mili-
tary installations.
Sec. 1011. Crimes against charitable Americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision
of funding for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness
support.
Sec. 1015. Expansion and reauthorization of the crime identification
technology act for antiterrorism grants to States and localities.
Sec. 1016. Critical infrastructures protection.
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Appendix B: Computer Crime and Privacy Laws
Computer Fraud and Abuse Act (18 U.S.C. 1030)
§ 1030. Fraud and Related Activity
in Connection with Computers
(a) Whoever
(1) 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 in paragraph y. of section 11 of the
Atomic Energy Act of 1954, 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
communicates, delivers, transmits, or causes to be communi-
cated, 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;
(2) intentionally accesses a computer without authorization or
exceeds authorized access, and thereby obtains
(A) 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.);
(B) information from any department or agency of the United
States; or
(C) information from any protected computer;
(3) intentional y, without authorization to access any nonpublic com-
puter of a department or agency of the United States, accesses
such a computer of that department o
r 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;
(4) knowingly and with intent to defraud, accesses a protected
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
Appendix B: Computer Crime and Privacy Laws
343
thing obtained consists only of the use of the computer and the
value of such use is not more than $5000 in any 1-year period;
(5)
(A) knowingly causes the transmission of a program, informa-
tion, 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 autho-
rization, and as a result of such conduct, recklessly causes
damage; or
(C) intentional y accesses a protected computer without autho-
rization, and as a result of such conduct, causes damage and
loss.
(6) knowingly and with intent to defraud traffics (as defined in sec-
tion 1029) in any password or similar information through which
a computer may be accessed without authorization, if—
(A) such trafficking affects interstate or foreign commerce; or
(B) such computer is used by or for the Government of the
United States;
(7) with intent to extort from any person any money or other thing
of value, transmits in interstate or foreign commerce any
communication containing any—
(A) threat to cause damage to a protected computer;
(B) threat to obtain information from a protected computer
without authorization or in excess of authorization or to
impair the confidentiality of information obtained from a
protected computer without authorization or by exceeding
authorized access; or
(C) demand or request for money or other thing of value in
relation to damage to a protected computer, where such
damage was caused to facilitate the extortion; shall be
punished as provided in subsection (c) of this section.
(b) Whoever conspires to commit or 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 is—
(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 this section, or an attempt to commit
an offense punishable under this subparagraph; and
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Appendix B: Computer Crime and Privacy Laws
(B) a fine under this title or imprisonment for not more than
twenty years, or both, in the case of an offense under sub-
section (a) (1) of this section which occurs after a convic-
tion 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), or
(a)(6) of this section which does not occur after a convic-
tion 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 commer-
cial advantage or private financial gain;
(i ) the offense was committed in furtherance of any crimi-
nal 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
(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 con-
viction 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), or (a)(7) of this section which occurs after a convic-
tion for another offense under this section, or an attempt to
commit an offense punishable under this subparagraph;
Appendix B: Computer Crime and Privacy Laws
345
(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 person;
(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 fur-
therance of the administration of justice, national
defense, or national security; or
(VI) damage affecting 10 or more protected comput-
ers 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 offen
se 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;
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Appendix B: Computer Crime and Privacy Laws
(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 sub-
paragraphs (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.
(d)
(1) The United States Secret Service shall, in addition to any other
