Computer Crime Provision of the Crime Bill

    Title XXIX--COMPUTER CRIME
    Sec. 290001. Computer Abuse Amendments Act of 1994.

         (a) SHORT TITLE.--This subtitle may be cited as the "Computer
    Abuse Amendments Act of 1992".
         (b) PROHIBITION.--Section 1030(a)(5) of title 18, United
    States Code, is amended to read as follows:
              (5)(A) through means of a computer used in interstate
         commerce or communications, knowingly causes the transmission
         of a program, information, code, or command to a computer or
         computer system if--
                   "(i) the person causing the transmission intends
              that such transmission will--
                        "(I) damage, or cause damage to a computer,
                   computer system, network, information, data, or
                   program; or
                        "(II) withhold or deny, or cause the
                   withholding or denial, of the use of a computer,
                   computer services, system or network, information,
                   data or program; and
                   "(ii) the transmission of the harmful component of
              the program, information, code, or command--
                        "(I) occurred without the authorization of the
                   persons or entities who own or are responsible for
                   the computer system receiving the program,
                   information, code, or command; and
                        "(II)(aa) causes loss or damage to one or more
                   other persons of value aggregating $1,000 or more
                   during any 1-year period; or
                        "(bb) modifies or impairs, or potentially
                   modifies or impairs, the medical examination,
                   medical diagnosis, medical treatment, or medical
                   care of one or more individuals; or
              "(B) through means of a computer used in interstate
         commerce or communication, knowingly causes the transmission
         of a program, information, code, or command to a computer or
         computer system--
                   "(i) with reckless disregard of a substantial and
              unjustifiable risk that the transmission will--
                        "(I) damage, or cause damage to, a computer,
                   computer system, network, information, data or
                   program; or
                        "(II) withhold or deny or cause the
                   withholding or denial of the use of a computer,
                   computer services, system, network, information,
                   data or program; and
                   "(ii) if the transmission of the harmful component
              of the program, information, code, or command--
                        "(I) occurred without the knowledge and
                   authorization of the persons or entities who own or
                   are responsible for the computer system receiving
                   the program, information, code, or command; and
                        "(II)(aa) causes loss or damage to one or more
                   other persons of a value aggregating $1,000 or more
                   during any 1-year period; or
                        "(bb) modifies or impairs, or potentially
                   modifies or impairs, the medical examination,
                   medical diagnosis, medical treatment, or medical
                   care of one or more individuals;"
         (c) PENALTY.--Section 1030(c) of title 18, United States Code
    is amended--
              (1) in paragraph (2)(B) by striking "and" after the
         semicolon;
              (2) in paragraph (3)(A) by inserting "(A)" after
         "(a)(5)";
              (3) in paragraph (3)(B) by striking the period at the end
         thereof and inserting ";and";and
              (4) by adding at the end the following new paragraph;
              "(4) a fine under this title or imprisonment for not more
         than 1 year, or both, in the case of an offense under
         subsection (a)(5)(B)."
         (d) CIVIL ACTION--section 1030 of title 18, United States
    Code, is amended by adding at the end thereof the following new
    subsection:
         "(g) Any person who suffers damage or loss by reason of a
    violation of the section, other than a violation of subsection
    (a)(5)(B), may maintain a civil action against the violator to
    obtain compensatory damages and injunctive relief or other
    equitable relief. Damages for violations of any subsection other
    than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) 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."
         (e) REPORTING REQUIREMENTS.--Section 1030 of title 18 United
    States Code, is amended by adding at the end the following new
    subsection:
         "(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."
         (f) PROHIBITION.--Section 1030(a)(3) of title 18, United
    States Code, is amended by inserting "adversely" before "affects
    the use of the Government's operation of such computer".