The Computer Fraud and Abuse Act (as amended 1994 and 1996)

Note: Section 1030 was amended on October 26, 2001 by the USA PATRIOT anti-terrorism legislation. Updates will appear here shortly.

Section 1030. Fraud and related activity in connection with computers

(a) Whoever--

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

(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 is--

(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of 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 section--

(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 the section, may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. Damages for violations involving damage as defined in subsection (e)(8)(A) 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.

(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 section 1030(a)(5) of title 18, United States Code.

(Added Pub.L. 98-473, Title II, s 2102(a), Oct. 12, 1984, 98 Stat. 2190, and amended Pub.L. 99-474, s 2, Oct. 16, 1986, 100 Stat. 1213; Pub.L. 100-690, Title VII, s 7065, Nov. 18, 1988, 102 Stat. 4404; Pub.L. 101-73, Title IX, s 962(a)(5), Aug. 9, 1989, 103 Stat. 502; Pub.L. 101-647, Title XII, s 1205(e), Title XXV, s 2597(j), Title XXXV, s 3533, Nov. 29, 1990, 104 Stat. 4831, 4910, 4925; Pub.L. 103-322, Title XXIX, s 290001(b)-(f), Sept. 13, 1994, 108 Stat. 2097-2099; Pub.L. 104-___, Title II, s 201, Oct. 11, 1996, ___ Stat. ___.)

HISTORICAL AND STATUTORY 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 Pub.L. 90- 321, Title VI, s 601 et seq., which is classified to section 1681 et seq. 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 1(b) of the International Banking Act of 1978, referred to in subsec. (e)(4)(H), is classified to section 3101 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 Reserve Act, referred to in subsec. (e)(4)(I), is classified to subchapter II (section 611 et seq.) of chapter 6 of Title 12. The date of the enactment of this subsection, referred to in subsec. (h), means the date of the enactment of Pub.L. 103-322, 108 Stat. 1796, which enacted subsec. (h) and was approved Sept. 13, 1994.

1996 Amendment

Made extensive revisions to numerous subsections. Text of the enacting legislation is here.

1994 Amendment

Subsec. (a)(3). Pub. L. 103-322, Sec. 290001(f), inserted ''adversely'' before ''affects the use of the Government's''.

Subsec. (a)(5). Pub. L. 103-322, Sec. 290001(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows:

Subsec. (c)(3)(A). Pub. L. 103-322, Sec. 290001(c)(2), inserted ''(A)'' after ''(a)(5)''.

Subsec. (c)(4). Pub. L. 103-322, Sec. 290001(c)(1), (3), (4), added par. (4).

Subsec. (g). Pub. L. 103-322, Sec. 290001(d), added subsec. (g).

Subsec. (h). Pub. L. 103-322, Sec. 290001(e), added subsec. (h).

1990 Amendment

Subsec. (a)(1). Pub.L. 101-647, s 3533, substituted "paragraph y of section 11" for "paragraph r of section 11".

Subsec. (e)(3). Pub.L. 101-647 inserted "commonwealth," before "possession or territory of the United States".

Subsec. (e)(4)(H), (I). Pub.L. 101-647, s 2597(j), added subpars. (H) and (I).

1989 Amendment

Subsec. (e)(4)(A). Pub.L. 101-73, s 962(a)(5)(A), substituted "an institution" for "a bank".

Subsec. (e)(4)(C) to (H). Pub.L. 101-73, s 962(a)(5)(B), (C), redesignated former subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C), which had included within the definition of the term "financial institution" institutions with accounts insured by the Federal Savings and Loan Insurance Corporation.

1988 Amendment

Subsec. (a)(2). Pub.L. 100-690 inserted a comma after "financial institution" and substituted "title 15," for "title 15,,".

1986 Amendment

Subsec. (a)(1). Pub.L. 99-474, s 2(c), substituted "or exceeds authorized access" for "or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend".

Subsec. (a)(2). Pub.L. 99-474, s 2(a)(1)-(4), substituted "intentionally" for "knowingly"; struck out "as such terms are defined in the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.)," following "financial institution,"; struck out "or" appearing at end of par. (2); and added following "financial institution" the phrase "or of a card issuer as defined in section 1602(n) of title 15,". Pub.L. 99-474, s 2(c), substituted "or exceeds authorized access" for "or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend".

Subsec. (a)(3). Pub.L. 99-474, s 2(b)(1), added par. (3) and struck out former par. (3) provision which read [Whoever--] "knowingly access a computer without authorization, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend, and by means of such conduct knowingly uses, modifies, destroys, or discloses information in, or prevents authorized use of, such computer, if such computer is operated for or on behalf of the Government of the United States and such conduct affects such operation; ", now covered in par. (5).

Subsec. (a)(3) end text. Pub.L. 99-474, s 2(b)(2), struck out following par. (3) sentence reading "It is not an offense under paragraph (2) or (3) of this subsection in the case of a person having accessed a computer with authorization and using the opportunity such access provides for purposes to which such access does not extend, if the using of such opportunity consists only of the use of the computer.", now covered in subsec. (a)(4).

Subsec. (a)(4)-(6). Pub.L. 99-474, s 2(d), added pars. (4) to (6).

Subsec. (b). Pub.L. 99-474, s 2(e)(1), (2), struck out par. (1) designation and par. (2) provision respecting specific conspiracy offense and prescribing as a fine an amount not greater than the amount provided as the maximum fine for such offense under subsec. (c) or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsec. (c), or both.

Subsec. (c). Pub.L. 99-474, s 2(f)(9), substituted in opening phrase subsec. "(b)" for "(b)(1)".

Subsec. (c)(1)(A). Pub.L. 99-474, s 2(f)(1), substituted "under this title" for "of not more than the greater of $10,000 or twice the value obtained by the offense".

Subsec. (c)(1)(B). Pub.L. 99-474, s 2(f)(2), substituted "under this title" for "of not more than the greater of $100,000 or twice the value obtained by the offense". Subsec. (c)(2)(A). Pub.L. 99-474, s 2(f)(3), (4), inserted reference to subsec. (a)(6) and substituted "under this title" for "of not more than the greater of $5,000 or twice the value obtained or loss created by the offense".

Subsec. (c)(2)(B). Pub.L. 99-474, s 2(f)(3), (5)-(7), inserted reference to subsec. (a)(6) and substituted "under this title" for "of not more than the greater of $10,000 or twice the value obtained or loss created by the offense", "not more than" for "not than", and "; and" for the period at end of subpar. (B), respectively.

Subsec. (c)(3). Pub.L. 99-474, s 2(f)(8), added par. (3).

Subsec. (e). Pub.L. 99-474, s 2(g)(1), substituted at end of introductory phrase a one-em dash for the comma.

Subsec. (e)(1). Pub.L. 99-474, s 2(g)(2), (3), aligned so much of the subsec. so that it be cut in two ems and begin as an indented and designated par. (1), and substituted a semicolon for the period at end thereof.

Subsec. (e)(2)-(7). Pub.L. 99-474, s 2(g)(4), added pars. (2) to (7).

Subsec. (f). Pub.L. 99-474, s 2(h), added subsec. (f).

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.

Report to Congress

Section 2103 of Pub.L. 98-473 provided that: "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 [this section]."

Legislative History

For legislative history and purpose of Pub.L. 98-473, see 1984 U.S. Code Cong. and Adm. News, p. 3182. See, also, Pub.L. 99-646, 1986 U.S. Code Cong. and Adm. News, p. 6139; Pub.L. 101-73, 1989 U.S. Code Cong. and Adm. News, p. 86; Pub.L. 101-647, 1990 U.S. Code Cong. and Adm. News, p. 6472; Pub.L. 103-322, 1994 U.S. Code Cong. and Adm. News, p. 1801.