Cybercrime An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal

Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws

Computer Fraud and Abuse Act, 18 U. S. C. 1030, Unlawful acts victimizing computer systems. It is a cybersecurity law. It protects federal computers, bank computers, and computers connected to the Internet. It protects against trespass, blackmail, damage, espionage, and unauthorized use as an instrument of fraud. It is not a blanket provision, but fills in the cracks and gaps in the protections provided by other federal criminal laws. Here is a brief overview of the CFAA and some of its federal companion laws, the Identity Theft Enforcement and Restoration Act, P. L. 110-326, 122 Stat.

In its current form, Section 7 of 1030(a) is illegal.

Computer tampering (e. g., hacking) with a government computer, 18 U. S. C. 1030(a)(3)?

Computer tampering (e. g., hacking) that results in the disclosure of certain government, credit, financial, or monetary information contained on a computer, 18 U. S. C. 1030(a)(2)?

Causing damage to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (e. g., worms, computer viruses, Trojan horses, time bombs, denial of service attacks, and other forms of cyberattacks, cybercrime, or cyberterrorism), 18 U. S. C. 1030(a)(5);

Fraud involving unauthorized access to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (18 U. S. C. 1030(a)(4), 18 U. S. C. 1030(a)(4); threatening to cause damage to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (18 U. S. C. 1030(a)(7)); trafficking in passwords to government computers or when such trafficking affects interstate or foreign commerce (18 U. S. C. 1030(a)(6)); and accessing a computer for the purpose of espionage (18 U. S. C. 1030(a)(1)).

Section 1030(b) makes it a crime to attempt or conspire to commit any of these crimes. Section 1030(c) enumerates the penalties for committing these crimes, ranging from one year in prison for simple cyberviolations to up to life imprisonment for willful computer failure resulting in death. Section 1030(d) preserves the investigative powers of the Secret Service. Section 1030(e) provides a common definition. Section 1030(f) denies any requests for law enforcement action that would otherwise be permitted. Section 1030(g) creates a civil right of action for victims of these crimes. Sections 1030(i) and (j) allow for the forfeiture of tainted property. This report is available as CRS Report RS20830, "Cybercrime: A Summary of 18 U. S. C. Section 1030 and Related Federal Criminal Laws," by Charles Doyle, in an abridged form that omits the footnotes, citations, excerpts, and appendices contained in the report. Background of the review

October 15, 2014

March 21, 2012

December 27, 2010

February 25, 2008

February 28, 2005 Metadata Reference type CRS Report Source: everyCRSReport. com, Government Documents Library, University of North Texas Raw metadata: JSON October 15, 2014 (97-1025) Introduction Government Cyberspace Offenses (18 U. S. C. 1030(a)(3) Intent Unauthorized Access

Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws

Effects on Use

Jurisdiction
Extraterritorial Jurisdiction
Penalties
Minors
Overview
Other Offenses
Attempt
Conspiracy
Leadership
Limited Enforcement and State Laws
Unauthorized Computer Access to Obtain Information (18 U. S. C. 1030(a)(2)
Intention
Unauthorized access
Receipt of information and jurisdiction
Consequences
Penalties
Penalties
Minors
Return destination
Civil cause of action
Conspiracy
Other crimes
Foreign or international transfer of stolen property
Theft of Federal information
Economic espionage
Copyright infringement
Unauthorized Computer Access to Obtain Information (18 U. S. C. 1030(a)(2)
Causing computer damage (18 U. S. C. 1030(a)(5)
Intention
Harm
Unauthorized
Jurisdiction
Consequences
Penalties
Minors
Sentencing guidelines
Other Offenses
Civil cause of action
Conspiracy
Leadership
Other crimes
Damage or destruction to Federal property
Damage or destruction to property of a financial institution
Damage or destruction to property in interstate commerce
Copyright infringement
Unauthorized Computer Access to Obtain Information (18 U. S. C. 1030(a)(2)
Computer fraud (18 U. S. C. 1030(a)(4))
Court of jurisdiction
Unauthorized or excessive access
Fraud and intent
Jurisdiction
Other crimes
Other Offenses
French government fraud
Bank fraud
Civil cause of action
Unauthorized Computer Access to Obtain Information (18 U. S. C. 1030(a)(2)
jurisdiction
Threatening of harm "
intention
result
Sanctions and civil responsibility
Other Offenses
Attempted, conspiracy, accomplice
Penalties
Civil cause of action
Intimidation
RICO, money laundering, travel
Copyright infringement
Unauthorized Computer Access to Obtain Information (18 U. S. C. 1030(a)(2)
intention
result
Penalties
Other results
Other Offenses
Penalties
Civil cause of action
Conspiracy
RICO, money laundering, travel
Unauthorized Computer Access to Obtain Information (18 U. S. C. 1030(a)(2)
Federal terrorism crime
Other Offenses
Penalties
Civil cause of action
Spy test
Economic spy
RICO, money laundering, travel
Copyright infringement
Unauthorized Computer Access to Obtain Information (18 U. S. C. 1030(a)(2)
United States Code 18 2332B (G) (5) (B). Federal terrorism crime (text)
Harm
In the current form, the seven paragraphs in Outlaw's 1030 (a) are as follows.
Computer invasion (Hacking, etc.) (such as hacking) (Hacking, etc.).
Computer infringement (such as hacking) that loses specific government information, credit information, financial information, and computer information.
Acts to destroy computers that are used in government computers, bank computers, or foreign trade or foreign trade, (eg, computer viruses, troyes, time bombs, services refusal attacks, and other forms. Cyber Attack, Cyber Crime, Cyberterero), 18 U. S. C. 1030 (A) (5).

Summary

Fraud with unauthorized access to a computer, bank computer, or a stat e-o f-state or foreign trade or foreign trade, or an impact on computers (the United States Code, Article 1030 (A) (4)).

In its current form, Section 7 of 1030(a) is illegal.

Computer tampering (e. g., hacking) with a government computer, 18 U. S. C. 1030(a)(3)?
Computer tampering (e. g., hacking) that results in the disclosure of certain government, credit, financial, or monetary information contained on a computer, 18 U. S. C. 1030(a)(2)?
Causing damage to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (e. g., worms, computer viruses, Trojan horses, time bombs, denial of service attacks, and other forms of cyberattacks, cybercrime, or cyberterrorism), 18 U. S. C. 1030(a)(5);
Fraud involving unauthorized access to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (18 U. S. C. 1030(a)(4), 18 U. S. C. 1030(a)(4); threatening to cause damage to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (18 U. S. C. 1030(a)(7)); trafficking in passwords to government computers or when such trafficking affects interstate or foreign commerce (18 U. S. C. 1030(a)(6)); and accessing a computer for the purpose of espionage (18 U. S. C. 1030(a)(1)).
Section 1030(b) makes it a crime to attempt or conspire to commit any of these crimes. Section 1030(c) enumerates the penalties for committing these crimes, ranging from one year in prison for simple cyberviolations to up to life imprisonment for willful computer failure resulting in death. Section 1030(d) preserves the investigative powers of the Secret Service. Section 1030(e) provides a common definition. Section 1030(f) denies any requests for law enforcement action that would otherwise be permitted. Section 1030(g) creates a civil right of action for victims of these crimes. Sections 1030(i) and (j) allow for the forfeiture of tainted property. This report is available as CRS Report RS20830, "Cybercrime: A Summary of 18 U. S. C. Section 1030 and Related Federal Criminal Laws," by Charles Doyle, in an abridged form that omits the footnotes, citations, excerpts, and appendices contained in the report. Background of the review
October 15, 2014
March 21, 2012

December 27, 2010

This report is CRS Report RS20830 "Overview of Article 1030 and Related Federal Law" (CRS Report RS20830, AND RELATED WS, from [Author Name scrubbed].

Cyber Crime: Overview of Federal Computers Fraud, Abuse, and Related Federal Criminal Law, the act of threatening to the government computer, bank computers, or foreign trade or foreign trade, or threatening to damage computers (United States) Article 18 of the Code 18 (A) (7)).

Introduction

If the secret sales of government computer passwords, or their secret sales affect or affect the stat e-o f-th e-art or foreign trade, the United States Code 18 (A) (6) (6).

In its current form, Section 7 of 1030(a) is illegal.

Article 1030 (b) is a crime to try to commit any of these crimes or collusion. Article 1030 (c) lists penalties for committing these crimes, and is the maximum and life imprisonment if they died due to intentional computer disorders due to a sentence of a single year or less for simple cyber violations. It will be. Article 1030 (d) holds the secret service authority for the secret service. Article 1030 (e) provides a common definition. Article 1030 (F) shall abandon the application to legal execution activities with different authority. Article 1030 (g) shall create a civil action for the victims of these crimes. Article 1030 (I) and (J) shall allow confiscation of real estate.
This report is CRS Report RS20830 "Overview of Article 1030 and Related Federal Law" (CRS Report RS20830, AND RELATED WS, from [Author Name scrubbed].
Cyber Crime: Overview of Federal Computers Fraud / Abuse and Related Federal Criminal Law
Fraud involving unauthorized access to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (18 U. S. C. 1030(a)(4), 18 U. S. C. 1030(a)(4); threatening to cause damage to a government computer, bank computer, or computer used in or affecting interstate or foreign commerce (18 U. S. C. 1030(a)(7)); trafficking in passwords to government computers or when such trafficking affects interstate or foreign commerce (18 U. S. C. 1030(a)(6)); and accessing a computer for the purpose of espionage (18 U. S. C. 1030(a)(1)).
Section 1030(b) makes it a crime to attempt or conspire to commit any of these crimes. Section 1030(c) enumerates the penalties for committing these crimes, ranging from one year in prison for simple cyberviolations to up to life imprisonment for willful computer failure resulting in death. Section 1030(d) preserves the investigative powers of the Secret Service. Section 1030(e) provides a common definition. Section 1030(f) denies any requests for law enforcement action that would otherwise be permitted. Section 1030(g) creates a civil right of action for victims of these crimes. Sections 1030(i) and (j) allow for the forfeiture of tainted property. This report is available as CRS Report RS20830, "Cybercrime: A Summary of 18 U. S. C. Section 1030 and Related Federal Criminal Laws," by Charles Doyle, in an abridged form that omits the footnotes, citations, excerpts, and appendices contained in the report. Background of the review
October 15, 2014
March 21, 2012

The act of destroying a computer that is used in government computers, bank computers, or in spy or foreign trade or foreign trade (United States Code, Article 1030 (A) (5)).

Trespassing in Government Cyberspace (18 U.S.C. 1030(a)(3))

Fraud with unauthorized access to computers used in government computers, bank computers, or versatile trade or foreign trade or foreign trade (United States Code Article 18 (A) (4)).

The act of threatening to use government computers, bank computers, or among the stat e-o f-state trade or foreign trade, or threaten to damage computers (Article 18 of the United States Code (A) (7)).

When secret sales of government computer passwords or trafficking affect or affect the stat e-o f-th e-art or foreign trade (Article 18 of the United States Code, Article 1030 (6)).

Access the computer to perform spy (18 U. S. C. 1030 (A) (1)).

Article 1030 (b) is a crime to try to commit any of these crimes or collusion. Article 1030 (c) lists the penalties for committing these crimes, and is less than 20 years or less for the second conviction related to spy acts to a simple cyber violation. There are penalties for imprisonment and life imprisonment. Article 1030 (d) holds the secret service authority for the secret service. Article 1030 (e) stipulates a common definition. Article 1030 (F) refuses any request for the allowable law execution activities. Article 1030 (G) shall establish a civil lawsuit for the victims of these crimes. 1030 (H) has already expired, but until 1999, it is obliged to report the annual report by the Justice and Secretary of Finance, for surveys based on the injury clause (18 U. S. C. 1030 (A) (5)). Ta. In addition, Article 1030 (I) and (J) paragraphs (J) and (J) are confiscated by or used to execute crimes based on Article 1030 (a) or (b) paragraphs. Is allowed.
(A) Instead of having the authority to access the US ministries and agencies private computers, it is intentionally accessed, or the computer of the ministries and agencies is accessed, or the computer is accessed only by the United States government. In the case of computers that are not intended only for use, the United States government or the United States government has accessed the use of the United States government and hindered the use of the United States government or for the United States government. You will be punished.
(b) Those who have tried to commit crimes based on paragraph (a) of this Article will be punished as specified in paragraphs (C) in this Article.

Article 1030 (A) (3) accuses the federal government's unauthorized invasion ("hacking"), or the federal government uses it or accesses others with others. Whether to share. Article 1030 (b) also prohibits attempted and invasion of invasion. In the case of a shared computer, a crime is established only if the unauthorized access affects the use of "government or for the government" or affects the use of the attempted use. 6

(a) (3) makes the following illegal.

Without authority

Intent

Intentionally

Unauthorized Access

One of the following

-The access to government computers managed by the federal governmen t-Access to the government computers used by the federal government at least partially, it is accessed by the federal government or for the federal government. Those that have an impac t-Trying such acts (United States Code 18, 1030 (B)) -Cilching such actions (US law 18, 1030 (c)).

The prohibition of this clear infringement dates back to 1986, and there is no doubt that there is no need for an unauthorized intrusion because of its legislation.

"Section 2 (B) is clearly applied to a simple infringement of computers owned by or used by the federal government, to Article 18 of the United States Code Article 1030 (3) (3). It is necessary to show that the Ministry of Justice, etc., is targeted for simple infringement, or that it has been used, modified, destroyed, and disclosed. The committee is a simple violation crime that expressed concern about such concerns to those who are not allowed to access the federal government to reduce such concerns. I want to clarify that. "

The clause prohibits only "intentional" infringement. This report is clear that this element cannot be satisfied by simply careless violations, which is also useful here. However, this paragraph intentionally completed the prohibited fraudulent invasion of government computers, and at least in the views of the House of Representatives reports, "The first access was careless, but then unintended. Those who maintained the access after contact with. "8

The question of what to use "unauthorized access" seems to be simple, but the parliament has accepted some of the government officials to protect the whistleblower: Access to managed government computer s-At least access to government computers used by federal governments, and affects the use of the federal government or for the federal government- Trying such an act (United States Law 18, 1030 (B)) -Collapse for such an act (United States Code 18, 1030 (C)).

Affects the Use

The prohibition of this clear infringement dates back to 1986, and there is no doubt that there is no need for an unauthorized intrusion because of its legislation.

Jurisdiction

The question of what "unauthorized access" seems to be simple, but the parliament accepted a certain degree of infringement by government officials to protect the whistleblower: Access to government computer s-At least the access to government computers used at least partially use, and that affects the use of the federal government or for the federal government. Trying to act (United States Code 18, 1030 (B)) -Collapse for such an act (United States Code 18, 1030 (C)).

The prohibition of this clear infringement dates back to 1986, and there is no doubt that there is no need for an unauthorized intrusion because of its legislation.

Extraterritorial Jurisdiction

The question of what to use "unauthorized access" seems to be simple, but the parliament has tolerated government officials to protect the whistleblower:

The committee wants to explain very specifically about the person who may be prosecuted under the new (A) paragraph (3). The committee is at the level of criminal acts, even if government officials and others who have been authorized to use federal computers are so widespread that the federal computer crime law is too wide. We were concerned that it would not cause the risk of not being accused of accessing or used computers. At the same time, the committee was required to balance the federal officials and other permitted users, and the abuse by "outsiders" to the legitimate need to protect the government's computer. The committee has taken this balance as follows.

First, the Board of Directors, the violated employees were simply defined in the opposition 2 (G) of the "department" (the department "is S. 2281 [now 18 U. S. C. 1030 (E) (7)]). He refused to commit a crime for the act of exceeding the permissions to the computer. Despite the authority to use a specific computer in a department, it assumes employees and other people who provide data belonging to departments that should not be considered for a short period of time for a short period of time. Not difficult. This can happen, especially if the department has no way to clarify which individual has access to data. In such a case, the committee thinks that administrative sanctions are more appropriate than criminal punishment. The committee avoids the risk that if a staff member exceeds the authority of access to the computers of the department, even if it is small, the staff may be charged based on this article. I want to. This risk can be avoided by not including "exceeded the permitted access" in part of the crime of this book. The Committee hopes to explain very specifically about the person who may be prosecuted under the new (A) paragraph (3). The committee is at the level of criminal acts, even if government officials and others who have been authorized to use federal computers are so widespread that the federal computer crime law is too wide. We were concerned that it would not cause the risk of not being accused of accessing or used computers. At the same time, the committee was required to balance the federal officials and other permitted users, and the abuse by "outsiders" to the legitimate need to protect the government's computer. The committee has taken this balance as follows.

First, the Board of Directors, the violated employees were simply defined in the opposition 2 (G) of the "department" (the department "is S. 2281 [now 18 U. S. C. 1030 (E) (7)]). He refused to commit a crime for the act of exceeding the permissions to the computer. Despite the authority to use a specific computer in a department, it assumes employees and other people who provide data belonging to departments that should not be considered for a short period of time for a short period of time. Not difficult. This can happen, especially if the department has no way to clarify which individual has access to data. In such a case, the committee thinks that administrative sanctions are more appropriate than criminal punishment. The committee avoids the risk that if a staff member exceeds the authority of access to the computers of the department, even if it is small, the staff may be charged based on this article. I want to. This risk can be avoided by not including "exceeded the permitted access" in part of the crime of this book. The committee wants to explain very specifically about the person who may be prosecuted under the new (A) paragraph (3). The committee is at the level of criminal acts, even if government officials and others who have been authorized to use federal computers are so widespread that the federal computer crime law is too wide. We were concerned that it would not cause the risk of not being accused of accessing or used computers. At the same time, the committee was required to balance the federal officials and other permitted users, and the abuse by "outsiders" to the legitimate need to protect the government's computer. The committee has taken this balance as follows.

Penalties

Second, the Committee distinguishes between unauthorized access that occurs in one department and unauthorized access that occurs in another department. The former is not covered by subsection (a)(3), while the latter is. Again, it is not difficult to imagine a person who is authorized to use some computers in a department but not all of them. S. 2281 as originally proposed would have targeted employees who happen to sit at a computer terminal in their department that they are not properly authorized to use. Such conduct is also better addressed through administrative sanctions, not criminal penalties. The Committee therefore modified (a)(3) to ensure that a person who is authorized to use certain computers in their department but uses other computers that are not properly authorized cannot be prosecuted. By eliminating liability in such purely "secret" cases, the Committee also seeks to alleviate Senators Mathias and Leahy's concerns that existing statutes cast a wide net with respect to "whistleblowers." The Committee therefore limits 18 U. S. C. § 1030(a)(3) to cases where the perpetrator is entirely outside the Government and does not have the authority to access the computers of any agency or department of the United States, or where the perpetrator's violations are broad in nature. The Committee does not intend to preclude prosecution under this subsection, for example, when a Department of Labor employee is authorized to use an FBI computer to gain unauthorized access to Department of Labor computers. Employees who use Department of Labor computers to access data from another agency without authorization are engaging in conduct directly akin to "outsider" hacking of Government computers. The Committee recognizes that, in rare cases, such serious intrusions may be left unprosecuted under subsection (a)(3). However, the Committee notes that such serious conduct may be subject to other criminal penalties, for example, if it violates trade secret law or 18 U. S. C. §§ 1030(a)(1), (a)(4), (a)(5), or (a)(6), as proposed in the bill. 9

Government's computer hacking on no n-governmen t-only computers is prohibited only when it affects the use of the government or the use of government purposes. The Committee Report provides useful explanations about the discretionary elements that are prohibited from violations:

Juveniles

[Contracting to computers, which is partially used by the federal government, does not need to indicate that it has influenced the management of the whole government. The Ministry of Justice has expressed concern that the su b-section's wording could be interpreted as demanding the perpetrator's actions, which would be extremely difficult for the federal prosecutor. Thus, the second section (b) clarifies that the perpetrator's actions can only affect the use of the computer by the government [or operate the government represented by the government]. S. REPT. 99-432 at 6-7 (1986). H. Rep. 99-612 at 11 (1986). S. Rep. 104-357 At 9 (1996).

Overview

This report rarely mentions the meaning of the third element, "which computer is protected from infringement." There are two reasons. Article 1030 (A) (3) protects only government computers, and there is no need to explain the extent of the spread of the state or the widespread applicable scope in the field of financial institutions. In addition, at least for violations of Article 1030 (a) (3), this law itself deals with many doubts that are potentially rampant.

Other Crimes 25

Attempt

First, it strongly suggests that the grammar of this law itself applies only to computers owned by or leases the federal government.

Secondly, the wording of this law indicates that the "private" computer also includes government computers that the government allows usage for no n-governmental purposes: "For governmen t-only computers. Unlike a governmen t-only computer hacking is prohibited when it affects the use of the government or the use of the government. Providing useful explanations about the discretional elements that are prohibited from violations:

Conspiracy

First, it strongly suggests that the grammar of this law itself applies only to computers owned by or leases the federal government.

Accomplices as Principals

Secondly, the wording of this law indicates that the "private" computer also includes government computers that the government allows usage for no n-governmental purposes: "For governmen t-only computers. The government's computer hacking is prohibited only for the use of government or government purpose. Providing useful explanations about the discretional elements that "affect use":

[Contracting to computers, which is partially used by the federal government, does not need to indicate that it has influenced the management of the whole government. The Ministry of Justice has expressed concern that the su b-section's wording could be interpreted as demanding the perpetrator's actions, which would be extremely difficult for the federal prosecutor. Thus, the second section (b) clarifies that the perpetrator's actions can only affect the use of the computer by the government [or operate the representative of the government]. S. REPT. 99-432 at 6-7 (1986). H. Rep. 99-612 at 11 (1986). S. Rep. 104-357 At 9 (1996).

Limited Application and State law

First, it strongly suggests that the grammar of this law itself applies only to computers owned by or leases the federal government.

Obtaining Information by Unauthorized Computer Access (18 U.S.C. 1030(a)(2))

Third, this law is for government computers that can be used by no n-governments: "Access Government on Computers] is not only for the United States Government, or by the United States Government Used for.

Finally, this article provides the definition of the "Ministry of the United States". Used in this section. The term "the United States Ministry" means one of the government's legislative or judicial government, or one of the administrative prefectures listed in the 5th round 101. In the 10, the title is the definition of the US Ministry of Agency. [When used in this title, the term "agency" includes US departments, independent facilities, committees, committees, authorities, authorities, boards, or the United States. Includes independent facilities, committees, committees, committees, authorities, boards, and bureau. 11

There is an unclear point in the jurisdiction of Article 1030 (a) (3). If so, will this clause apply to the hacking that starts overseas or abroad? As a general rule, federal law is estimated to be applied in the United States, not overseas. In some cases, the parliament clearly denied the estimation. For example, the state of the state rebellion prohibits crimes performed in the United States and abroad. 13

In other cases, if the criminal law is silent, the court must intend to apply to the Federal Congress to foreign misconduct due to the nature of the crime and its crime. I conclude. For example, the Supreme Court intends that the Supreme Court is intended to prohibit the federal government fraudulent in the federal government, especially if the criminal is an American, to fraud for the United States overseas. 14. The court concluded that it must be 14. 14 The Court has later announced that the federal law, which prohibits collusion of violation of the federal law, will apply to overseas collusion to deform fluids in the country. 15 Third, this law is for government computers that can be used by no n-governments: by the United States Government, if the "Access Government to Computers] is not only for the United States Government. Or used for the United States government.

In other cases, if the criminal law is silent, the court must intend to apply to the Federal Congress to foreign misconduct due to the nature of the crime and its crime. I conclude. For example, the Supreme Court intends that the Supreme Court is intended to prohibit the federal government fraudulent in the federal government, especially if the criminal is an American, to fraud for the United States overseas. 14. The court concluded that it must be 14. 14 The Court has later announced that the federal law, which prohibits collusion of violation of the federal law, will apply to overseas collusion to deform fluids in the country. 15th, this law is for government computers that can be used by no n-governments: "Access Government to Computers" is not for the United States Government, or by the United States Government Used for.

Intent

Unauthorized Access

Obtaining Information and Jurisdiction

According to the context of cyber crimes, at least one court banned Article 1030 (A) (4), in which Article 1030 (A) (4), in which a computer prohibits an unauthorized access to a computer in an disappearance, is an unauthorized access to the country's "protected computer". The conclusion of the 16. 6 that was determined to be applied was a correction proposal in which the Federal Congress added a computer used in "foreign commerce or communication" in the definition of "protected computer", and the legislation of the legislation for the reason. It was influenced by. 17 While this trial is under dispute, the Federal Congress further focuses on the definition of "protected computer" and "how to affect the versatile trade, foreign trade, or communication in the United States," a computer outside the United States. "What is used in" is included. 18

Article 1030 (a) (3) does not target "protected computers". It is targeted for federal government private computers. The Federal Congress has explicitly stipulated ou t-o f-pipe jurisdiction over information acquisition, fraud, damages, and computer s-related blackmails by revising protected computer definitions. There was no such explicit provision for the mere violation of human sale in Article 1030 (a) (3).

The Court can conclude that the Federal Congress intends to provide ou t-o f-area applications for cases of acquiring, fraud, damages, and blackmails based on Article 1030 (A) (2), (4). ), (5) and (7), there will be both the provisions of both no n-regional applications in the provisions of Article 1030 (a) (3).

Article 1030 (a) (3) violation or penalties for violation or attempts shall be fined less than one year or less ($ 200. 000 for agency). All subsequent conviction shall be in imprisonment of 10 years or less and less than $ 250. 000 ($ 500. 000 for agencies). 19 In the context of cyber crimes, Article 1030 (A) (4), in which at least one court prohibits unauthorized access to computers in disappearance, is unusual in Russia's "protected computer". 16. The conclusion of the court is determined to be applied to the accessed hacker, and the Congress's conclusion is that the Federal Congress has added a computer used in "foreign commerce or communication" in the definition of "protected computer", and it is. It was influenced by the legislative background of the reason. 17 While this trial is under dispute, the Federal Congress further focuses on the definition of "protected computer" and "how to affect the versatile trade, foreign trade, or communication in the United States," a computer outside the United States. "What is used in" is included. 18

Article 1030 (a) (3) violation or penalties for violation or attempts shall be fined less than one year or less ($ 200. 000 for agency). All subsequent conviction shall be in imprisonment of 10 years or less and less than $ 250. 000 ($ 500. 000 for agencies). In the context of 19 cyber crimes, at least one court, in which Article 1030 (A) (4), in which the unauthorized access to a computer in the disappearance, has been unauthorized access to the country in Russia. The conclusion of the court determined to be applied to is that the Council's conclusion is that the Federal Congress has added a computer used in "Foreign Commercial or Communication" to the "protected computer", and the legislation of the reason. It was influenced by the background. 17 While this trial is under dispute, the Federal Congress further focuses on the definition of "protected computer" and "how to affect the versatile trade, foreign trade, or communication in the United States," a computer outside the United States. "What is used in" is included. 18

Consequences

Penalties

Other paragraph crimes may apply to other provisions of this law, such as confiscation, refund, blackmail, money laundering, prison guidelines, and civil liability. For reasons described later, these provisions are rarely associated with simple violations based on Article 1030 (a) (3). However, the confiscation provisions of Article 1030 (I) and (J) acknowledge the confiscation of the computer and other property of the cyber atrial intruder and the crime. 20

Historically, Federal authorities have not prosecuted boy criminals. Most of the federal crimes, including computer hacking, are crimes by most state laws. If a boy violates the federal law, if the state is willing to take measures against the boy, cannot be taken, or if the facilities for the treats of the boy are inadequate, or the crime is in the federal. The boy must be handed over to a state officials in the state, except for violent felony and federal drugs and firearm crimes. twenty one

Article 1030 (a) (3) has not been basically changed since 1986, and the number of prosecuted under the provisions seems to be relatively small 23. 23 The reason is Article 1030. Since (A) (3) is closely corresponding to Article 1030 (A) (2), the prosecution is usually the heaviest for obtaining information in Article 1030 (a) (2). It is probably because it applies to the welcome, but is limited to the simply violation of Article 1030 (A) (3), which is limited to the most heavy case that justifies the heavy felony.

In fact, Article 1030 (B) punishes the act of trying to violate any of Article 1030 (A) as a federal crime. 26 This small item is at the beginning of the bill, and there is no comment on the legislation other than describing its existence. 27 Crime in other paragraphs may apply to other provisions of this law, such as confiscation, refund, blackmail, money laundering, quantitative prison guidelines, and civil liability provisions. For reasons described later, these provisions are rarely associated with simple violations based on Article 1030 (a) (3). However, the confiscation provisions of Article 1030 (I) and (J) acknowledge the confiscation of the computer and other property of the cyber atrial intruder and the crime. 20

Sentencing Guidelines

In fact, Article 1030 (B) punishes the act of trying to violate any of Article 1030 (A) as a federal crime. 26 This small item is at the beginning of the bill, and there is no comment on the legislation other than describing its existence. 27 Other paragraph crimes may apply to other provisions in this law, such as confiscation, refund, blackmail, money laundering, quantitative prison guidelines, and civil liability. For reasons described later, these provisions are rarely associated with simple violations based on Article 1030 (a) (3). However, the confiscation provisions of Article 1030 (I) and (J) acknowledge the confiscation of the computer and other property of the cyber atrial intruder and the crime. 20

This is not particularly unusual. There are no general attempted federation, but 28, the Federal Congress chose to punish many individual federal crimes. 29 These precedent law systems have developed, providing common understanding of those general dimensions. Thus, as a general rule, in order to make the defendant attempted and guilty, the government will strongly support the intention of crime when the defendant acts with the intentions necessary to commit the original sin. We must prove that we have taken a substantial step toward the execution of the original sin beyond rational suspicion. 33 Simply preparing is not a substantial step. The boundaries between the 34 preparations and the substantial steps for the final ruling are 35, which depends on the facts of a specific case, and the court provides a variety of explanations about its position. 36

Forfeiture

Conspiracy that violates the federal law is another federal crime. Thus, if two or more individuals agree to intentionally access government computers, and one of them takes some aggressive actions to execute the plan, the plan is ultimately. Regardless of whether or not they succeeded, each person is charged with collusion under this general conspiracy. 38 If one of the conspirators succeeded in hacking in the government's computer, all of him and his conspirators could be charged with violation of Article 1030 (A) (3).

Restitution

Regardless of the general conspiracy, Article 1030 (B) stipulates the punishment for each crime in Article 1030 (a) for the conspiracy that commits any crime in Article 1030 (a). ) He states that it will be punished in accordance with the provisions of the section. The principles applied to prosecution based on the General Conspiracy Law are equally applied to prosecution based on Article 1030 (B), except for two exceptions. The prosecution of a general conspiracy based on Article 371 requires a clear proof of an obvious act to promote the plan, but has not been charged with the charges based on Article 1030 (B). This is not particularly unusual. There are no general attempted federation, but 28, the Federal Congress chose to punish many individual federal crimes. 29 These precedent law systems have developed, providing common understanding of those general dimensions. Thus, as a general rule, in order to make the defendant attempted and guilty, the government will strongly support the intention of crime when the defendant acts with the intentions necessary to commit the original sin. We must prove that we have taken a substantial step toward the execution of the original sin beyond rational suspicion. 33 Simply preparing is not a substantial step. The boundaries between the 34 preparations and the substantial steps for the final ruling are 35, which depends on the facts of a specific case, and the court provides a variety of explanations about its position. 36

Civil Cause of Action

Regardless of the general conspiracy, Article 1030 (B) stipulates the punishment for each crime in Article 1030 (a) for the conspiracy that commits any crime in Article 1030 (a). ) He states that it will be punished in accordance with the provisions of the section. The principles applied to prosecution based on the General Conspiracy Law are equally applied to prosecution based on Article 1030 (B), except for two exceptions. The prosecution of a general conspiracy based on Article 371 requires a clear proof of an obvious act to promote the plan, but has not been charged with the charges based on Article 1030 (B). This is not particularly unusual. There are no general attempted federation, but 28, the Federal Congress chose to punish many individual federal crimes. 29 These precedent law systems have developed, providing common understanding of those general dimensions. Thus, as a general rule, in order to make the defendant attempted and guilty, the government will strongly support the intention of crime when the defendant acts with the intentions necessary to commit the original sin. We must prove that we have taken a substantial step toward the execution of the original sin beyond rational suspicion. 33 Simply preparing is not a substantial step. The boundaries between the 34 preparations and the substantial steps for the final ruling are 35, which depends on the facts of a specific case, and the court provides a variety of explanations about its position. 36

There is a second difference. Article 371 will be punished for a fiv e-year imprisonment, regardless of the maximum prison sentence of the original sin. The bureau has declared that the penalty for conspiracy of the federal crime must not exceed the maximum prison period of the original crime. On the other hand, Article 1030 (b) seems to be treating the punishment for conspiracy and the punishment for the fundamental violation of Article 1030 (a) of Article 1030 (A). Punishment for those who have been colluding or attempting to conspiracy based on paragraphs (a) paragraphs of this section (specifying punishment for each paragraph in Article 1030 (A) paragraphs) of this section (C). 41.

In connection with federal crimes, those who have been advised, instructions, assistance, and other prior servants are responsible for those who have actually committed crime as the main culprit of the foundation. 42 More than just inadvertent assistance is required. However, the accomplice who accepts the purpose of the crime of others and acts to achieve it is criminal responsible for the completed crime. 43

The fact that Article 1030 (b) infringes the act of trying to violate any of the prohibited matters in Article 1030 (a) paragraphs an interesting problem with the accomplice. As a general rule, accomplices are responsible only for the completed crime. Aid must be done before the crime is executed, but the responsibility as a person will only occur after the crime is executed. 44 This is a person who assisted the execution of a crime that would not succeed at the attempted stage if the attempted crime became a separate crime, as in Article 1030 (a) (3). It does not hinder the conviction of. 45 There is a second difference. Article 371 will be punished for a fiv e-year imprisonment, regardless of the maximum prison sentence of the original sin. The bureau has declared that the penalty for conspiracy of the federal crime must not exceed the maximum prison period of the original crime. On the other hand, Article 1030 (b) seems to be treating the punishment for conspiracy and the punishment for the fundamental violation of Article 1030 (a) of Article 1030 (A). Punishment for those who have been colluding or attempting to conspiracy based on paragraphs (a) paragraphs of this section (specifying punishment for each paragraph in Article 1030 (A) paragraphs) of this section (C). 41.

The fact that Article 1030 (b) infringes the act of trying to violate any of the prohibited matters in Article 1030 (a) paragraphs an interesting problem with the accomplice. As a general rule, accomplices are responsible only for the completed crime. Aid must be done before the crime is executed, but the responsibility as a person will only occur after the crime is executed. 44 This is a person who assisted the execution of a crime that would not succeed at the attempted stage if the attempted crime became a separate crime, as in Article 1030 (a) (3). It does not hinder the conviction of. There is a 452 difference. Article 371 will be punished for a fiv e-year imprisonment, regardless of the maximum prison sentence of the original sin. The bureau has declared that the penalty for conspiracy of the federal crime must not exceed the maximum prison period of the original crime. On the other hand, Article 1030 (b) seems to be treating the punishment for conspiracy and the punishment for the fundamental violation of Article 1030 (a) of Article 1030 (A). Punishment for those who have been colluding or attempting to conspiracy based on paragraphs (a) paragraphs of this section (specifying punishment for each paragraph in Article 1030 (A) paragraphs) of this section (C). 41.

Beyond the basis of such accompanying crimes and criminal liability, the simplicity of the simplified invasion in Article 1030 (A) (3) is the seven crimes stipulated in Article 1030 (a). It is most likely that laws other than the same article will be applied. Damage to the system, the government's damage, or a hacker, and the government's mere invasion of government computers applies only other small laws. In some way, entering a computer is a factor in the crime that is prohibited in the United States Code 18, 1030. Furthermore, hacking the e-mails stored in the government's computer system is likely to violate the federal law (18 U. S. C. 2701), which protects the records of e-mails and preserved telephone companies. 。 46 Hackers who are falsifying their identity to access the Federal Computers may violate 18 U. S. C. 1001 and 18 U. S. 912. 49 Case Law may make it difficult to defend this claim. The Supreme Court suggests that §1001 should be interpreted narrowly, and the court consistently consistent, and the false statements are in some form of government agencies or departments in order to be applied to §1001. 51, which is determined to have a tendency to adversely affect the operation.

Attempt, Conspiracy, and Complicity

The difficulty of using Article 912 of the United States Law Collection, which is a spoofing method, is a proof of public acts or fraud that is not proven by the convicted ruling based on Article 1030 (a) (3). It is necessary. As 1001, Article 912 is within the scope of Article 1030 (A) (4) (unauthorized access to state trade or foreign trade computers as an essential part of government computers, bank computers). It may be used more appropriately in the case.

Other Crimes

Simple computer hacking is a crime based on most state pirate prevention laws. 54

(a) The following persons are intentionally accessed by (2) computers or obtained beyond the permitted access, and obtain the following.

(A) Information included in the financial institution or card issuing company's financial records defined in Article 1602 (N) of Title 15, or the Fair Credit Report Law (15 U. S. C. 1681 et Seq.)

Interstate or Foreign Transportation of Stolen Property

(B) Information from US ministries and agencies.

Theft of Federal Government Information

Is a punishment prescribed in paragraph (C) paragraphs (c).

Economic Espionage

(b) Those who have tried to commit crimes based on paragraphs (a) of this Article will be punished in the provisions of paragraphs (C).

One step ahead of a simple pirated version is prohibited to obtain specific protected information by intentional unauthorized access to a computer. 57 As a matter of fact, in any case related to cyber computers, a case in which the prohibition of clear infringement in Article 1030 (a) (3) and the prohibition of infringement of Article 1030 (A) (2). It is very difficult to distinguish. The history of the violation clause clearly shows the intention of exceeding the framework of plaintiffs and other federal officials regarding simple violations on computers within the agency. This explains that there is no "access that exceeds authority" in the violation provisions of Article 1030 (a) (3). However, the statute of limitations of violations and execution in Article 1030 (A) (2) has a clause that "exceeds approved access" and seems to be applied to the complaint. It is not yet known whether the court will read Article 1030 (A) (2) as effectively correct the obvious violation provisions in Article 1030 (a) (3). 。

In any case, in order to support the convicted rulings based on Article 1030 (a) (2), the government (1) intentionally (2) (3) protected computers are (3). Access (or beyond the access authority) and (4) you must prove that you have obtained information.

The intentional requirement is the same as the requirements required for simple infringement. The criminal must obtain the "intentionally" access right. In this paragraph, only "intentional" invasion is prohibited. As in the case of a simple infringement, the intentional element is those who intentionally accessed the computer subject to the paragraph or "the first access was inadvertent, but the first contact was not intentional. Later, it can be satisfied by the person who maintained arbitrary access. 59 Furthermore, the government does not need to show that the violation was fraudulent or other purpose. 60 (c) Information from protected computers.

Copyright infringement

Is a punishment prescribed in paragraph (C) paragraphs (c).

(b) Those who have tried to commit crimes based on paragraphs (a) of this Article will be punished in the provisions of paragraphs (C).

Money Laundering

In any case, in order to support the convicted rulings based on Article 1030 (a) (2), the government (1) intentionally (2) (3) protected computers are (3). Access (or beyond the access authority) and (4) you must prove that you have obtained information.
The intentional requirement is the same as the requirements required for simple infringement. The criminal must obtain the "intentionally" access right. In this paragraph, only "intentional" invasion is prohibited. As in the case of a simple infringement, the intentional element is those who intentionally accessed the computer subject to the paragraph or "the first access was inadvertent, but the first contact was not intentional. Later, it can be satisfied by the person who maintained arbitrary access. 59 Furthermore, the government does not need to show that the violation was fraudulent or other purpose. 60 (c) Information from protected computers.
Is a punishment prescribed in paragraph (C) paragraphs (c).
(b) Those who have tried to commit crimes based on paragraphs (a) of this Article will be punished in the provisions of paragraphs (C).

Causing Computer Damage (18 U.S.C. 1030(a)(5))

Thus far, courts have encountered some difficulty in applying the terms "unauthorized" and "beyond authorized access" as used in 1030(a)(2) and other provisions of 18 U. S. C. 1030, even though the statute provides a specific definition of the term "beyond authorized access."61 Some have applied the term to access by authorized employees in an unauthorized manner or for an unauthorized purpose, and to access by third parties who have been granted access with an express reservation. 62 Others have concluded that "a 'person who intentionally accesses a computer without authorization' under 1030(a)(2) and (4) is accessing a computer without authorization at all, whereas a 'person who exceeds authorized access' under 1030(a)(2) and (4) is accessing information on the computer that he or she is authorized to access, even though he or she has access to the computer." 63 One court concluded that willful violations of MySpace's terms of use "may constitute unauthorized and/or more than unauthorized access to MySpace's computers/servers." 64 However, the court found that "if willful violations of a website's terms of use are deemed sufficient in themselves, then such an interpretation would render the provision unconstitutionally vague."

Intent

The protection of financial information has its roots in the original law, which was the first to be applied. Comments in the Senate Report accompanying the 1986 amendments indicate the intended scope of financial information protection:

"The requirements for Article 18 of the United States Code, Article 18 (A) (2), are still the same as protecting electronic information related to electronic credit records and relationships related to the relationship between customers and financial institutions from a privacy perspective. Protection is justified by the Financial Personal Information Protection Law, considering the highly confidential personal financial information included in such computer records. Limited to financial institution customers or financial institutions, a partner of five or less, and applies privacy protection to all financial records of all financial institutions, regardless of individual, partnership, or corporation.

"The Ministry of Justice, the term" obtaining information "in Article 18 U. S. C. 1030 (a) (2) shall prove the transfer of data to the prosecutor, that is, to the prosecutor's transfer. The Ministry of Justice has expressed concern that there is a possibility of requesting. Since the principle of this book is privacy, the committee in this context includes the mere observation of data in the sense of physically extracting data from the original location of the data. I want to clarify that there is no need to prove it to prove the violation of this book

Damage

The description of the committee on the revision of Article 1030 (A) (2), which was finally enacted as part of the Economic Spy Law in 1996, adopted this reading and obtained from the federal computer computer. , And expanded to target information protected from cyber infringement between nations or overseas:

The "information" used in this section [1030 (a) (2)] also includes information stored in an intangible form. The term "getting information" also includes simply reading. There is no need to copy or transfer information. In the electronic environment, this is extremely important because the information may be "stolen" without being transferred, and the original may be abused as it is. The requirements for "Article 18 of the United States Law Article 1030 (A) (2) are the protection of the electronic credit record and electronic information related to the relationship between the customer and the financial institution from a privacy point of view. This protection is justified by the highly confidential financial information included in such a computer record. Limited to customers of personal financial institutions or customers of financial institutions, which are 5 or less partners, and apply privacy protection to all financial records of all financial institutions, regardless of individual, partnership, or corporation. I am.

Without Authorization

Jurisdiction

The description of the committee on the revision of Article 1030 (A) (2), which was finally enacted as part of the Economic Spy Law in 1996, adopted this reading and obtained from the federal computer. , And expanded to target information protected from cyber infringement between nations or overseas:

The "information" used in this section [1030 (a) (2)] also includes information stored in an intangible form. The term "getting information" also includes simply reading. There is no need to copy or transfer information. In the electronic environment, this is extremely important because the information may be "stolen" without being transferred, and the original may be abused as it is. "The requirements for Article 18 of the United States Code, Article 18 (A) (2), are still the same as protecting electronic information related to electronic credit records and relationships related to the relationship between customers and financial institutions from a privacy perspective. Protection is justified by the Financial Personal Information Protection Law, considering the highly confidential personal financial information included in such computer records. Limited to financial institution customers or financial institutions, a partner of five or less, and applies privacy protection to all financial records of all financial institutions, regardless of individual, partnership, or corporation.
"The Ministry of Justice, the term" obtaining information "in Article 18 U. S. C. 1030 (a) (2) shall prove the transfer of data to the prosecutor, that is, to the prosecutor's transfer. The Ministry of Justice has expressed concern that there is a possibility of requesting. Since the principle of this book is privacy, the committee in this context includes the mere observation of data in the sense of physically extracting data from the original location of the data. I want to clarify that there is no need to prove it to prove the violation of this book
The description of the committee on the revision of Article 1030 (A) (2), which was finally enacted as part of the Economic Spy Law in 1996, adopted this reading and obtained from the federal computer. , And expanded to target information protected from cyber infringement between nations or overseas:
The "information" used in this section [1030 (a) (2)] also includes information stored in an intangible form. The term "getting information" also includes simply reading. There is no need to copy or transfer information. In the electronic environment, this is extremely important because the information may be "stolen" without being transferred, and the original may be abused as it is.
"Proposed section 1030(a)(2)(c) is intended to protect against interstate or foreign theft of computer information. It is understood that this information, stored electronically, is intangible, and the theft of this information cannot be prosecuted under more traditional criminal laws, such as the interstate transfer of stolen property statute in Title 18 of the United States Code (U. S. C. 18). The unauthorized use of a computer to obtain intangible information is prohibited just as the theft of physical objects is prohibited. However, section 1030(a)(2)(c) does not provide protection against the unauthorized use of a computer to obtain information." S. Rept. 104-357 at 6-7 (1996). The Identity Enforcement and Restoration Act of 2008 would have expanded the scope of the prohibited access to include cases where the prohibited access "involves interstate or foreign communications."67 The Act expanded the scope of Section 1030(a)(2) by removing the requirement that a computer be used in interstate or foreign commerce and redefining a "protected computer" to include a computer that "affects" interstate or foreign commerce. This repeal allows the agency to "address the growing number of computer hacking crimes involving computers in the same state." 68 The expansion from a computer used in interstate or foreign commerce to a computer used in or affecting commerce appears to include not only computers with interstate Internet connections, but also standalone or other computers that have at least a minimal effect on commerce. 69 A computer that can connect to the Internet is a computer used in interstate or foreign commerce. 70

The previous amendments to the definition of a "protected computer" in the USA PATRIOT Act confirmed Congress' intent to prohibit unauthorized access and acquisition of information from abroad with respect to a protected computer. 71 A narrower issue is whether doing so would preclude the extraterritorial application of section 1030(a)(2) to other situations, such as unauthorized access to Federal computer networks or computers located abroad.

The simple violation crime declared in Article 1030 (A) (3) is unlikely to be greatly involved in the other portions of the law, the amount of imprisonment guidelines, returns, losses, and civil liability. The violation of Article 1030 (a) (2) is not. Criminal punishment is tracked, but other results are tracked.

Article 1030 (a) (2) has a thre e-step sentence structure. Simple violations are punished as a minor crime, resulting in a penalty of less than one year and less than $ 100, 000 ($ 200, 000 for tissue). 72

The second stage was imprisonment of 5 years or less and a fine of $ 250. 000 ($ 500. 000 in the case of tissues), and "(i) crimes were made for commercial or private interests. -(II) Applies when a crime is performed to promote criminal acts or convenient acts that violate the constitution or law of the United States or the stat e-73.

Consequences

Penalties

This second stage was added in 1996. For alternative thresholds (i) and (II), the purpose of each of the "terms" for commercial interest or private economic gain, the purpose of committing a crime, or (17 (2)] (d)). It is intended to have the same meaning as these laws and regulations. "The 74 copyright law and voice mail may be not suggested if the parliament assumed that these words had an uncertain meaning in the original setting, but still. It seems that this word is criminal, illegal or economically beneficial, which is generally infringed by computers and information production. Nothing is punished as a fraud, and the distinction of $ 5. 000 (III) is swallowed.

Regarding exceptions (III), the value of the information obtained by the hacker is not always easy to grasp. One appeal court approved that if there is no evidence of a fair market value, the Federal District Court will use the manufacturing cost to evaluate the value of the information obtained in violation of Article 1030 (A) (2). 。 The simple violation crime declared in Article 1030 (a) (3) is unlikely to be greatly involved in the other parts of the law, the amount of prison guidelines, returns, losses, and civil liability provisions. The violation of Article 1030 (a) (2) is not. Criminal punishment is tracked, but other results are tracked.

Regarding exceptions (III), the value of the information obtained by the hacker is not always easy to grasp. One appeal court approved that if there is no evidence of a fair market value, the Federal District Court will use the manufacturing cost to evaluate the value of the information obtained in violation of Article 1030 (A) (2). 。 The simple violation crime declared in Article 1030 (A) (3) is unlikely to be greatly involved in the other portions of the law, the amount of imprisonment guidelines, returns, losses, and civil liability. The violation of Article 1030 (a) (2) is not. Criminal punishment is tracked, but other results are tracked.
Article 1030 (a) (2) has a thre e-step sentence structure. Simple violations are punished as a minor crime, resulting in a penalty of less than one year and less than $ 100, 000 ($ 200, 000 for tissue). 72
The second stage was imprisonment of 5 years or less and a fine of $ 250. 000 ($ 500. 000 in the case of tissues), and "(i) crimes were made for commercial or private interests. -(II) Applies when a crime is performed to promote criminal acts or convenient acts that violate the constitution or law of the United States or the stat e-73.
This second stage was added in 1996. For alternative thresholds (i) and (II), the purpose of each of the "terms" for commercial interest or private economic gain, the purpose of committing a crime, or (17 (2)] (d)). It is intended to have the same meaning as these laws and regulations. "The 74 copyright law and voice mail may be not suggested if the parliament assumed that these words had an uncertain meaning in the original setting, but still. It seems that this word is criminal, illegal or economically beneficial, which is generally infringed by computers and information production. Nothing is punished as a fraud, and the distinction of $ 5. 000 (III) is swallowed.
Regarding exceptions (III), the value of the information obtained by the hacker is not always easy to grasp. One appeal court approved that if there is no evidence of a fair market value, the Federal District Court will use the manufacturing cost to evaluate the value of the information obtained in violation of Article 1030 (A) (2). 。
The third tier is for repeat offenders, with penalties increasing to up to 10 years imprisonment and/or a fine of up to $250, 000 ($500, 000 for organizations) for second or subsequent convictions. 79

Federal law does not favor the prosecution of juveniles for information offenses under §1030(a)(2) over simple offenses under §1030(a)(3). Essentially, federal prosecution is possible only when the state in which the crime occurred is unwilling or unable to prosecute. 80

The Sentencing Guidelines color the process by which federal penalties are imposed for serious crimes. 81 The Guidelines were created to eliminate sentencing disparities between cases involving the same crime and to ensure that sentences are imposed that reflect the relative severity of the circumstances under which the crime was committed in a given case. In principle, the Guidelines assign each federal crime to a specific guideline. 83 Individual guidelines assign a starting number (base level) and then increase or decrease from that number based on the presence of certain aggravating or mitigating circumstances. 84 The final total is converted into a sentencing range of months in prison and fines. 85 Violations of section 1030(a)(2) are governed by U. S. S. G. §2B1. 1 and have a base offense level of 6. The Tenth Circuit opinion in Willis provides an example of how to proceed from this point: The district court agreed with the government and found that Ms. Fisher's conduct [resulting in a loss of over $10, 000] was foreseeable to [co-defendant] Willis. As such, it increased Willis' offense level by four levels. 86 The District Court also applied the enhancements of §2B1. 1(b)(10)(c)(i) because the offense involved the use of an identifying medium to create another identifying medium, and the enhancement of §3B1. 3 because Willis abused his trusted position. This resulted in a modified offense level of 14, which, combined with V’s criminal history category, resulted in an advisory guideline range of 33 to 41 months. The District Court sentenced Willis to 41 months in prison. 89

Although not mentioned in Willis’ case, the guidelines currently add two to six levels to the offense level if the offense involves critical computer infrastructure, and two levels if the information obtained is personal information. 91

According to the general confiscation provisions, "the real estate or movable property that is composed of or derived from goods that can be tracked in violation of Article 1030" is based on the general civil and criminal depression rules. It is subject to confiscation. As of 93, Article 1030 is based on criminal procedures for both real estate and 94 of the real estate derived from violations of Article 1030, and the use of or intended to be used to support or use violations. The confiscation is recognized. 95

Return is compensation for victims related to criminal losses and damage. 96 The Federal Court has been convicted in the case of (i) federal violence crimes, (II) federal crimes accompanied by fraud or physical damage, and (III) victims suffered from body injury or financial losses. You have to order the defendant to return. 97 In the case of all other federal crimes stipulated in the 18th of the United States Code, it is within the discretion of the court. 98
Article 1030 (a) (2) has a thre e-step sentence structure. Simple violations are punished as a minor crime, resulting in a penalty of less than one year and less than $ 100, 000 ($ 200, 000 for tissue). 72
The second stage was imprisonment of 5 years or less and a fine of $ 250. 000 ($ 500. 000 in the case of tissues), and "(i) crimes were made for commercial or private interests. -(II) Applies when a crime is performed to promote criminal acts or convenient acts that violate the constitution or law of the United States or the stat e-73.
This second stage was added in 1996. For alternative thresholds (i) and (II), the purpose of each of the "terms" for commercial interest or private economic gain, the purpose of committing a crime, or (17 (2)] (d)). It is intended to have the same meaning as these laws and regulations. "The 74 copyright law and voice mail may be not suggested if the parliament assumed that these words had an uncertain meaning in the original setting, but still. It seems that this word is criminal, illegal or economically beneficial, which is generally infringed by computers and information production. Nothing is punished as a fraud, and the distinction of $ 5. 000 (III) is swallowed.
Regarding exceptions (III), the value of the information obtained by the hacker is not always easy to grasp. One appeal court approved that if there is no evidence of a fair market value, the Federal District Court will use the manufacturing cost to evaluate the value of the information obtained in violation of Article 1030 (A) (2). 。
Retaling of Article 1030 (a) (2) is not a violent crime, so the return for these reasons is not enforced. It falls under the discretionary return provisions, but the provisions are limited to the types of damages that are ordered to return. 99) However, this limit does not apply if there is an agreement 100 or if a return is ordered as a condition of parole or monitoring release. 101 On the other hand, if the victim of the defendant's computer security infringement suffers financial damage in relation to the infringement survey, the court may be ordered to return. 102

Article 1030 (g) sets the cause of the claims for rescue due to damages and cancellation orders for the interests of the victims in violation of Article 1030, but the violation is Article 1030 (C) (4). (A) Only when the type of loss or damage described in (i) (i) (v) is limited 103:

(I) Losses of one or more individuals in one year (relevant that affected one or more other protected computers for survey, prosecution, or other litigation procedures. In the case of a loss caused by the act), the cumulative value is at least $ 5, 000; in the general confiscation provisions, the real estate or derivative derived from or derived from goods that can be tracked in violation of Article 1030. Is subject to confiscation by the United States based on a general civil dumping rules or criminal depression rules. As of 93, Article 1030 is based on criminal procedures for both real estate and 94 of the real estate derived from violations of Article 1030, and the use of or intended to be used to support or use violations. The confiscation is recognized. 95

Return is compensation for victims related to criminal losses and damage. 96 The Federal Court has been convicted in the case of (i) federal violence crimes, (II) federal crimes accompanied by fraud or physical damage, and (III) victims suffered from body injury or financial losses. You have to order the defendant to return. 97 In the case of all other federal crimes stipulated in the 18th of the United States Code, it is within the discretion of the court. 98

Reduction for redemption in Article 1030 (a) (2) is not a violent crime, so the return for these reasons is not enforced. It falls under the discretionary return provisions, but the provisions are limited to the types of damages that are ordered to return. 99) However, this limit does not apply if there is an agreement 100 or if a return is ordered as a condition of parole or monitoring release. 101 On the other hand, if the victim of the defendant's computer security infringement suffers financial damage in relation to the infringement survey, the court may be ordered to return. 102

(II) Possibility of consultation, diagnosis, treatment or care change or disability or disability of one person or multiple people;

(III) Physical harm to many people;

(IV) Publi c-minded hygien or threat to safety.

(VI) Damage that affects 10 or more protection computers a year. 104

Article 1030 (a) (5) It is not necessary to prove that a violation has occurred, and if this type of loss or damage occurs, Article 1030 (a) (2) violation of any clause including violation. It is enough. 105 Furthermore, if the same defendant has the same injury to each in the same way, the victims are in combined damage and Article 1030 (C) (4) (i) (I). Some courts say that the threshold can reach $ 5, 000. 106

At one point, there may have been an unclear point about the victims and the scope of loss prescribed in Article 1030 (g). The victims who have the right to be relieved are described as "those who have suffered loss or damage due to violation of this Article", but until recently, the definitions that are commonly applied to Article 1030 in Article 18. , 107 did not have a specific definition of "person". There was no further detailed explanation in the legislative background, and the court did not deal with this problem. "People" may mean individuals, or other corporations, including government agencies, or individuals and other corporations, but does not include government agencies. 108 A reliable debate may have been made to each possible definition, but the Federal Congress uses the term "person" that means only individuals in Article 1030 (A) (7) (extinct intimidation). The fact that the fact that they chose this seems to be advantageous for those who seek similar interpretation in Article 1030 (G). The American Patriot Law solves this problem by defining the definition: "individual" means individual, company, corporate, company, educational institution, government agency, corporate and other organizations. 110 (II) Possibility of consultation, diagnosis, treatment or care change or disability of one or more people;

(III) Physical harm to many people;

(IV) Publi c-minded hygien or threat to safety.

Juveniles

(VI) Damage that affects 10 or more protection computers a year. 104

Sentencing Guidelines

Forfeiture and Restitution

At one point, there may have been an unclear point about the victims and the scope of loss prescribed in Article 1030 (g). The victims who have the right to be relieved are described as "those who have suffered loss or damage due to violation of this Article", but until recently, the definitions that are commonly applied to Article 1030 in Article 18. , 107 did not have a specific definition of "person". There was no further detailed explanation in the legislation, and the court did not deal with this problem. "People" may mean individuals, or other corporations, including government agencies, or individuals and other corporations, but does not include government agencies. 108 A reliable debate may have been made to each possible definition, but the Federal Congress uses the term "person" that means only individuals in Article 1030 (A) (7) (extinct intimidation). The fact that the fact that they chose this seems to be advantageous for those who seek similar interpretation in Article 1030 (G). The American Patriot Law solves this problem by defining the definition: "individual" means individual, company, corporate, company, educational institution, government agency, corporate and other organizations. 110 (II) Possibility of consultation, diagnosis, treatment or care change or disability of one or more people;

Cause of Action

(III) Physical harm to many people;

(IV) Publi c-minded hygien or threat to safety.

(VI) Damage that affects 10 or more protection computers a year. 104

Crimes of Terrorism

At one point, there may have been an unclear point about the victims and the scope of loss prescribed in Article 1030 (g). The victims who have the right to be rescued are described as "those who have suffered loss or damages due to violation of this Article", but until recently, the definitions of Article 18 of Article 103 are also commonly applied to Article 18. , 107 did not have a specific definition of "person". There was no further detailed explanation in the legislation, and the court did not deal with this problem. "People" may mean individuals, or other corporations, including government agencies, or individuals and other corporations, but does not include government agencies. 108 A reliable debate may have been made to each possible definition, but the Federal Congress uses the term "person" that means only individuals in Article 1030 (A) (7) (extinct intimidation). The fact that the fact that they chose this seems to be advantageous for those who seek similar interpretation in Article 1030 (G). The American Patriot Law solves this problem by defining the definition: "individual" means individual, company, corporate, company, educational institution, government agency, corporate and other organizations. 110

Attempt, Conspiracy, and Complicity

A generous definition was also added for the types of damages that may give rise to civil liability. "The term 'loss' means any reasonable cost to the victim, including the cost of responding to the offense, conducting a damage assessment, and restoring data, programs, systems, or information to a pre-offense state, and any revenue lost, expenses incurred, or other consequential damages due to interruption of service."111 This amendment has a clear advantage for victims of violations of subsection (a)(2), who can obtain and obtain information through post-injection investigations and system assessment costs.

Other Crimes

Damage or Destruction of Federal Property

An action under section 1030(g) must be brought within two years of the violation. Compensatory damages are limited to economic damages, but this limitation does not negate the scope of the broad definition of "loss" above. 113

The same general views on attempt, conspiracy, aiding and abetting as for simple infringement apply here. Under 18 U. S. C. § 1030(b), attempting or conspiring to violate § 1030(a)(2) is a separate crime, and a person who conspires or attempts to violate that provision, or aids or abet others in violating it, is subject to the same penalties as a person who commits the substantive crime. 114 A conspirator in violating § 1030(a)(2) is subject to the same penalties for the completed original crime, and is also liable for any foreseeable crimes committed in furtherance of the conspiracy. 115

§ 1030(a)(2) is somewhat unusual. There are many other federal conversion statutes, but all the others appear to require the offender to commit embezzlement by failing to comply with some fiduciary duty, or to commit theft with the intent to obtain or deprive another of property. Section 1030(a)(2), unlike the diversion statute and the computer fraud provision of section 1030(a)(4), does not require intent to steal. 116 As a practical matter, it essentially gives prosecutors a more severe charge against hackers who do more than simply penetrate the boundaries of a government system than is available under the pure infringement provision of section 1030(a)(3). It also allows the government to bring alternative or additional charges, along with the diversion and fraud statutes, against hackers who "steal" information from protected computers. 117 Civil actions under section 1030(g) give victims similar latitude.

Section 1030(a)(2) is essentially 1030(a)(3) plus an information-gathering element, giving it a broader jurisdiction. If the defendant gained access to the computer through false representations, then 1030(a)(2) may overlap with various false statement and false identification statutes, such as 18 U. S. C. § 1001 (false statements regarding matters within the jurisdiction of a Federal agency)118 and 18 U. S. C. § 912 (impersonation of a Federal official). 119 In the same sense, 1030(a)(2) may overlap with the communications protection provisions of 18 U. S. C. § 2511 (interception)120 and 18 U. S. C. § 2701 (stored communications), 121 in which unauthorized access to the defendant’s computer results in the intrusion of current or stored wired or electronic communications (i. e., telephone calls, e-mails, or data). 122 The overlap is even more likely than with 1030(a)(3), because 1030(a)(3) only protects federal computers. 1030(a)(2) protects not only federal computer information, but also information from “protected computers” (computers used in or affecting interstate and foreign commerce). The nature of Internet communications means that communications may involve interstate communications, even if both parties reside in the same state. 123 Moreover, to satisfy the element of "effect on interstate or foreign commerce," the computer need only have a minor effect on commerce. 124 Under the USA PATRIOT Act amendments, protected computer information can include information about computers located in a foreign country if it relates to or affects foreign commerce or communications of the United States. 125 Whether a hacker who steals information stored on a computer violates a general federal theft statute depends on whether the statute targets intangible property and, if not, whether the victim was defrauded of tangible property other than intangible property. For example, the Supreme Court has noted that 18 U. S. C. § 2314, which prohibits the interstate transportation of stolen goods, merchandise, or products, "presumes a physical identity between the item illegally obtained and the item ultimately transferred." 126

Thus, theft of the information stored on a computer can be prosecuted based on Article 2314 only if the government can prove that it has been achieved in connection with the theft and transfer of physical objects. It is eligible to bring information on the stolen computer disk and transfer the disk to the government line, but it is not eligible to bring information on a computer disk that has been transferred but not stolen. 128

Prosecutor's invasion of computer authorities under the law that prohibits the state of the stolen "goods, goods, goods, securities, and money" may seem annoying. Since the embezzlement of the "valuable things" owned by or owned by the federal government, Article 18 of the United States Code, which is a general law on theft of government property, is more suitable. It may look. In the convicted ruling based on Article 641, the government needs to prove the following: (1) The defendant steals or redeemed things for sel f-use, and (2) that valuable. Through the ownership of the United States, (3) the defendant was intentionally used or the intention to use the "valuable thing].

Article 1030 (a) (2) overlaps with the Economic Spy Law if the information obtained by unauthorized access is a corporate secret. 132 Economic Spy Law, especially, does not allow electronic invasion in commercial environments. 133 The law collects to steal such a corporate secret, knowing that it has been stolen, or stealing such a corporate secret while knowing that it has been stolen. The federal crime is to collect and intend to collect or intend to obtain such a corporate secret while knowing that it has been stolen. 134 In order to be wrapped in a protection umbrella according to the clause, the information shall be related to (1) relevant to versatile or foreign trade. (2) Be a secret. And (3) There is some commercial value.

The information that satisfies the "trade" of "trade" is when it is "used in versatile or foreign trade, or is related to products or services intended to be used, or in them." The information is regarded as "secret" means that the information is "unknown" in the business, science, and educational circles that the owner is trying to use that information. 136, which is a reasonable measure to maintain. "

However, the economic spy division is particularly effective for electronic invasion in commercial environments is the protected corporate secret information, "design, planning, planning, editing, program equipment, formula, blue photos, and trials. All forms and types, including works, methods, technologies, procedures, processes, programs, and code, are business, business, science, technology, finance, finance or engineering information, whether or not they are tangible or intangible. It doesn't matter. " "137

Damage or Destruction of Financial Institution Property

The violation of the economic spy is imposed on a fine of 10 years or less, or a finance gain or a revenge of twice as much as the loss (the offender is an organization). 138

Damage or Destruction to Property in Interstate Commerce

Get information after unauthorized access to a protected computer can not only violate Article 1030 (a) (2), but also to be involved in copyright law. Computer software programs are generally protected by copyright, and are usually forbidden to copy them without the consent of the copyright holder. The copyright law violates the intentional violation of the following three forms: (A) Invasions for the purpose of "commercial or private economic interest", 139 (b) infringement by duplication of protected copyrighted works with a value of $ 1, 000 or more, 140 (c) protection. Invasion by copying the distribution of copyrighted works with a value of over $ 1, 000. 140 and (C) Invasion by "distributing works prepared for commercial distribution by making it available on computer networks that can be accessed by the public". "141 However, the economic spy division is particularly effective for electronic invasion in commercial environments is the protected corporate secret information" design, planning, planning, program device, mathematical formula. , Blue photographs, prototypes, methods, techniques, procedures, processes, programs, and codes, all forms and types of economy, business, science, technology, finance, finance and engineering information, both tangible or intangible. It doesn't matter if there is stock. " "137

The violation of the economic spy is imposed on a fine of 10 years or less, or a finance gain or a revenge of twice as much as the loss (the offender is an organization). 138

Get information after unauthorized access to a protected computer can not only violate Article 1030 (a) (2), but also to be involved in copyright law. Computer software programs are generally protected by copyright, and are usually forbidden to copy them without the consent of the copyright holder. The copyright law violates the intentional violation of the following three forms: (A) Invasions for the purpose of "commercial or private economic interest", 139 (b) infringement by duplication of protected copyrighted works with a value of $ 1, 000 or more, 140 (c) protection. Invasion by copying the distribution of copyrighted works with a value of over $ 1, 000. 140 and (C) Invasion by "distributing works prepared for commercial distribution by making it available on computer networks that can be accessed by the public". "141 However, the economic spy division is particularly effective for electronic invasion in commercial environments is the protected corporate secret information" design, planning, planning, editing, program device, formula, blue photo. , Prototype, methods, technologies, procedures, processes, programs, and code, all forms and types of economy, business, science, technology, finance, finance or engineering information. Whether or not it is not matter of the presence or absence. "137

The violation of the economic spy is imposed on a fine of 10 years or less, or a finance gain or a revenge of twice as much as the loss (the offender is an organization). 138

Each of the three forms of violation has its own penalty system under 18 U. S. C. 2319. Infringements with the intent to make profit or commercial gain are punishable by imprisonment, with a maximum penalty ranging from one to ten years, depending on the severity of the violation. 142 The maximum penalty for infringements of copyrighted material exceeding $1, 000 is one to six years. 143 Finally, violations involving preparatory work for distribution are punishable by a maximum penalty ranging from three to ten years. 144 Also, the maximum penalty is a fine of not more than $250. 000 (or $500. 000 for an agency) if the maximum penalty exceeds one year, and not more than $100. 000 (or $200. 000 for an agency) otherwise. 145 The main federal money laundering laws, 18 U. S. C. 1956 and 1957, criminalize various financial activities involving the proceeds of other federal crimes. 146 These prohibit:

RICO

Domestic laundering of the proceeds of these precursor crimes, called "specified unlawful activities";

International laundering of the proceeds of predicate crimes;

Using the proceeds of a preparatory crime to facilitate further preparatory crimes;

Money Laundering

Expending or depositing more than $10, 000 from the proceeds of a primary crime. 148

In any case, in order to support the convicted rulings based on Article 1030 (a) (2), the government (1) intentionally (2) (3) protected computers are (3). Access (or beyond the access authority) and (4) you must prove that you have obtained information.
The intentional requirement is the same as the requirements required for simple infringement. The criminal must obtain the "intentionally" access right. In this paragraph, only "intentional" invasion is prohibited. As in the case of a simple infringement, the intentional element is those who intentionally accessed the computer subject to the paragraph or "the first access was inadvertent, but the first contact was not intentional. Later, it can be satisfied by the person who maintained arbitrary access. 59 Furthermore, the government does not need to show that the violation was fraudulent or other purpose. 60 (c) Information from protected computers.
(B) Any person who knowingly accesses a protected computer without authorization, thereby recklessly causing damage. ή
(C) Any person who knowingly accesses a protected computer without authorization, thereby causing damage. (b) Any person who attempts to commit a crime under subsection (a) of this section shall be punished as provided in subsection (c) of this section. Each of the three forms of violation has its own penalty system under 18 U. S. C. 2319. Infringement with the intent to profit or commercial advantage is punishable by imprisonment with a maximum penalty ranging from one to ten years depending on the severity of the violation. 142 The maximum penalty for infringement of copyrighted works exceeding $1, 000 is one to six years. 143 Finally, violations involving preparatory work for distribution are punishable by a maximum penalty ranging from three to ten years. 144 Also, the maximum penalty is a fine not exceeding $250. 000 ($500. 000 for an agency) if the imprisonment exceeds one year, and not exceeding $100. 000 ($200. 000 for an agency) in all other cases. 145

The primary federal money laundering statutes, 18 U. S. C. 1956 and 1957, criminalize various financial activities involving the proceeds of other federal crimes. 146 They prohibit:

Computer Fraud (18 U.S.C. 1030(a)(4))

Domestic laundering of the proceeds of these precursor crimes, called "specified unlawful activities";

Using the proceeds of a preparatory crime to facilitate further preparatory crimes;

Disbursing or depositing more than $10, 000 from the proceeds of a base crime. 148
However, the intelligence gathering offense under 1030(a)(2) is less likely to generate profits than the fraud and espionage offenses under 1030(a)(4) and 1030(a)(1). 149
(5)(A) Any person who knowingly causes the transmission of a program, information, code, or instruction that results in the intentional unauthorized damage of a protected computer. 151

Jurisdiction

(B) A person who willfully accesses a protected computer without authorization and recklessly causes damage as a result. ή

( C ) A person who willfully accesses a protected computer without authorization and recklessly causes damage as a result.

(b) A person who attempts to commit a crime under subsection (a) of this section is punishable as provided in subsection (c) of this section. Each of the three forms of violation has its own penalty structure under 18 U. S. C. 2319. Infringement with the intent to make profit or commercial gain is punishable by imprisonment with a maximum penalty ranging from one to ten years depending on the severity of the violation. 142 The maximum penalty for infringement of copyrighted works exceeding $1, 000 is one to six years. 143 Finally, violations involving preparatory work for distribution are punishable by a maximum penalty ranging from three to ten years. 144 In addition, if the maximum sentence of imprisonment exceeds one year, a fine of not more than $250, 000 ($500, 000 for agents) is imposed, otherwise not more than $100, 000 ($200, 000 for agents). 145 The main federal money laundering laws, 18 U. S. C. 1956 and 1957, criminalize various financial activities involving the proceeds of other federal crimes. 146 These prohibit:

Unauthorized or Excessive Access

Domestic laundering of the proceeds of these precursor crimes, called "specified unlawful activities";

Fraud and Intent

International laundering of the proceeds of predicate crimes;

Using the proceeds of a preparatory crime to facilitate further preparatory crimes;

Disbursing or depositing more than $10, 000 from the proceeds of a base crime. 148

Consequences

However, the crime of collecting information under section 1030(a)(2) is less likely to result in profits than the crimes of fraud and espionage under sections 1030(a)(4) and 1030(a)(1). 149

Other Crimes

(5)(A) Any person who knowingly causes the transmission of a program, information, code, or instruction, thereby willfully causing unlawful damage to a protected computer. 151

Interstate and Foreign Commerce

(B) Any person who knowingly accesses a protected computer without authorization, thereby recklessly causing damage. ή

(b) Any person who attempts to commit a crime under subsection (a) of this section shall be punished as provided in subsection (c) of this section.

Article 1030 (a) (5) stipulates a double intentional crime of intentionally invading and intentional intentions. Article 1030 (a) (5) stipulates the following three computer damage crimes, and is distinguished by whether the criminals have the intention to invade and cause damage. (B) Damage to a recklessly protected computer due to intentional unauthorized access. (C) Make damages and losses to protected computers due to intentional unauthorized access. This feature, which was added in 1996 and revised by the American Patriot Act and the National Land Security Law, maintains the previous understanding that those who intentionally secure unauthorized access will be punished. 152

Prohibition of knowledge of transmission, rather than the intentional access prohibited in Article 1030 (a) (5) paragraph (a) in Article 1030 (A) (5) and (C). If you do, it extends both directly and indirectly for foreseen. 153 In order to prove the elements of transmission of damages due to intentional tort, Article 1030 (A) (5) (a), "the government is the same as the person sent by the accused person. That means that you have to submit sufficient evidence that the transmission has occurred must include "154 transmissions, but the transmission must have been intentionally performed. The damage must be intentional, that is, the defendant sending it with conscious intentions. 156
If other paragraphs of Article 1030 of the United States Law Collection 18 are stating about unauthorized access, they say that they exceed the permitted access as an alternative. 157 H. R. 1030 (a) (5) (b) and (c) reckless and obvious provisions are not the same, but only describe unauthorized access. This difference is interpreted that only strangers can violate the reckless and simple damages. 158 Article 1030 (a) (5) stipulates a double intentional crime of intentional invasion and intention of harm. Article 1030 (a) (5) stipulates the following three computer damage crimes, and is distinguished by whether the criminals have the intention to invade and cause damage. (B) Damage to a recklessly protected computer due to intentional unauthorized access. (C) Make damages and losses to protected computers due to intentional unauthorized access. This feature, which was added in 1996 and revised by the American Patriot Act and the National Land Security Law, maintains the previous understanding that those who intentionally secure unauthorized access will be punished. 152
Prohibition of knowledge of transmission, rather than the intentional access prohibited in Article 1030 (a) (5) paragraph (a) in Article 1030 (A) (5) and (C). If you do, it extends both directly and indirectly for foreseen. 153 In order to prove the elements of transmission of damages due to intentional tort, Article 1030 (A) (5) (a), "the government is the same as the person sent by the accused person. That means that you have to submit sufficient evidence that the transmission has occurred must include "154 transmissions, but the transmission must have been intentionally performed. The damage must be intentional, that is, the defendant sending it with conscious intentions. 156
If other paragraphs of Article 1030 of the United States Law Collection 18 are stating about unauthorized access, they say that they exceed the permitted access as an alternative. 157 H. R. 1030 (a) (5) (b) and (c) reckless and obvious provisions are not the same, but only describe unauthorized access. This difference is interpreted that only strangers can violate the reckless and simple damages. 158 Article 1030 (a) (5) stipulates a double intentional crime of intentional intention and harm. Article 1030 (a) (5) stipulates the following three computer damage crimes, and is distinguished by whether the criminals have the intention to invade and cause damage. (B) Damage to a recklessly protected computer due to intentional unauthorized access. (C) Make damages and losses to protected computers due to intentional unauthorized access. This feature, which was added in 1996 and revised by the American Patriot Act and the National Land Security Law, maintains the previous understanding that those who intentionally secure unauthorized access will be punished. 152
Prohibition of knowledge of transmission, rather than the intentional access prohibited in Article 1030 (a) (5) paragraph (a) in Article 1030 (A) (5) and (C). If you do, it extends both directly and indirectly for foreseen. 153 In order to prove the elements of transmission of damages due to intentional tort, Article 1030 (A) (5) (a), "the government is the same as the person sent by the accused person. That means that you have to submit sufficient evidence that the transmission has occurred must include "154 transmissions, but the transmission must have been intentionally performed. The damage must be intentional, that is, the defendant sending it with conscious intentions. 156
If other paragraphs of Article 1030 of the United States Law Collection 18 are stating about unauthorized access, they say that they exceed the permitted access as an alternative. 157 H. R. 1030 (a) (5) (b) and (c) reckless and obvious provisions are not the same, but only describe unauthorized access. This difference is interpreted that only strangers can violate the reckless and simple damages. 158
The loss is a common factor in Article 1030 (A) (5). Identity TheFT and Identity Restauration Enforcement Act has rewrote the damage crime of Article 1030 (A) (5). Prior to the revision, the provisions were targeted only in incidents with serious damage, were punished as felony if they were intentionally or recklessly, and were punished as a minor. 160 If you intentionally or recklessly, if you cause serious damage to the computer, it will still be treated as a felony, but if you intentionally or recklessly, if the computer is not so serious to the computer, it will be targeted and treated as a minor sin. It is. 161 Simple damage is still treated as a minor crime, but unlike a friend whose proof of the damage alone is enough, the simple damage crime in Article 1030 (a) (5) (c) requires both damage and loss. I will.

Damage is defined as "damage to the perfection or availability of data, program, system or information." Therefore, the condition of the damage includes not only destruction but also reduced availability. It is not enough to violate Article 163 1030 (A) (2) (Hacking and obtained information). Damage is the cost of recovering data, programs, systems, or information to pr e-crime, and the money lost due to the interruption of services, the cost of the service interruption. Alternatively, it is said to be a reasonable cost by the victim, including other consequences. "165

There is no element of "exceeding authority" in the crime of Article 1030 (a) (5). Instead, it is accused of sending that causes unauthorized harm. Unauthorized access that recklessly causes damage. And unauthorized access that causes damage or loss. The defendant, who has been approved by 166 access, may have exceeded the purpose of the use, but has not gained unauthorized access. 167

However, computer damage is the federal crime of Article 1030 (A) (5) only when it is involved in "protected computer". Five computers or computer systems are "protected." The five are as follows.

Only used for the United States government or by the United States government.

Only used for banks or other financial institutions or by financial institutions.
When it is partially used for the United States government or by the United States government, the damage "affects" the use of the government or for the government.
If the damage "affects" the use of a bank or other financial institution, or the financial institution is partially used for its financial institution.

Use or inte r-country communication or communication, or affect it (including foreign computers that affect US commercial transactions). 168

What is a computer? Is it used for transmit or communication between the state or foreign? According to the legislative background, this phrase means damage to a computer that can affect the stat e-o f-th e-art trade or foreign trade, or a stat e-o f-state communication or foreign communication. The wording appeared in Article 1030 after the 1994 revision and was used for the first time to supplement the word "computer" (to replace it in the 1996 amendment). Same as it is. 169 In the previous wording, "Hackers who attack other computers in the sel f-state have a significant impact on ocean and foreign trade. It was not subject to jurisdiction. " For example, an individual who attacks the [ED] telephone exchanger interferes with calls over the state and foreign calls. 170 The essential state of the Internet is a computer used to access the Internet in a computer that is used in versus or foreign trade, so its protection is within the regulations of the Federal Council. It means a computer. 171
It is clear that computers that affect identification or foreign trade are not required to connect to the Internet and are not part of the versatile communication network. If this wording has a normal meaning, it is only necessary for computers and computer systems to have a slight effect on business transactions and foreign commercial transactions. This seems to have been the intention of the sponsor. 173 Use or affect the use of business or communication between the versatility or foreign (including foreign computers that affect US commercial transactions). 168
What is a computer? Is it used for transmit or communication between the state or foreign? According to the legislative background, this phrase means damage to a computer that can affect the stat e-o f-th e-art trade or foreign trade, or a stat e-o f-state communication or foreign communication. The wording appeared in Article 1030 after the 1994 revision and was used for the first time to supplement the word "computer" (to replace it in the 1996 amendment). Same as it is. 169 In the previous wording, "Hackers who attack other computers in the sel f-state have a significant impact on ocean and foreign trade. It was not subject to jurisdiction. " For example, an individual who attacks the [ED] telephone exchanger interferes with calls over the state and foreign calls. 170 The essential state of the Internet is a computer used to access the Internet in a computer that is used in versus or foreign trade, so its protection is within the regulations of the Federal Council. It means a computer. 171
It is clear that computers that affect identification or foreign trade are not required to connect to the Internet and are not part of the versatile communication network. If this wording has a normal meaning, it is only necessary for computers and computer systems to have a slight effect on business transactions and foreign commercial transactions. This seems to have been the intention of the sponsor. 173 Use or use communication between the versatile or foreign countries, or affect it (including foreign computers that affect US commercial transactions). 168
What is a computer? Is it used for transmit or communication between the state or foreign? According to the legislative background, this phrase means damage to a computer that can affect the stat e-o f-th e-art trade or foreign trade, or a stat e-o f-state communication or foreign communication. The wording appeared in Article 1030 after the 1994 revision and was used for the first time to supplement the word "computer" (to replace it in the 1996 amendment). Same as it is. 169 In the previous wording, "Hackers who attack other computers in the sel f-state have a significant impact on ocean and foreign trade. It was not subject to jurisdiction. " For example, an individual who attacks the [ED] telephone exchanger interferes with calls over the state and foreign calls. 170 The essential state of the Internet is a computer used to access the Internet in a computer that is used in versus or foreign trade, so its protection is within the regulations of the Federal Council. It means a computer. 171
It is clear that computers that affect identification or foreign trade are not required to connect to the Internet and are not part of the versatile communication network. If this phrase has a normal meaning, it is only necessary for computers and computer systems to have a slight effect on business transactions and foreign commercial transactions. This seems to have been the intention of the sponsor. 173
Which government computers are protected is a little more uncertain. The terms used in other parts of Article 1030, such as "government agencies" and "the United States Ministry" are clearly defined, but are expressed as the "United States Government" and "United States Government" used in Article 174. There is no definition. The scope of protection given to the federal computer is as mentioned at the beginning. The literature does not explain its meaning. However, in the violation clause in Article 1030 (A) (3), this wording is used in parallel with the wording of "the United States Ministry and Agency", and 175 This termin is 176 and the United States Code No. 18. It suggests that the meaning corresponding to this wording is incorporated from the definition part that is commonly applied to the edition. The definition of financial institutions protected by computers is only slightly different from the definitions generally applied to Title 18 179.

The Federal Parliament specifically lists overseas computers as the basis for jurisdiction over the stat e-o f-law and foreign trade ("the use is" including computers that affect US trade "). For example, there is a question about whether the government has been intended to exclude the application of government computers).

The paragraph is strictly punished in harmful or intentional harm, or intentionally or recklessly harmful harm. It is also strictly punished for recidivets. Thus, the punishment for violations in Article 1030 (a) (5) (a) (intentionally submitting a significantly damaged transmission) is as follows.

-The year or a lifetime imprisonment, or / or will be intentionally or recklessly killed by the execution of a crime, a fine of $ 250. 000 ($ 500. 000 in the case of an agency). 180
-If the defendant intentionally or recklessly causes serious injuries due to the execution of a crime, a penalty for 20 years or less, and a fine of $ 250. 000 (or less for tissue). 181 Which government computer is protected is a little more uncertain. The terms used in other parts of Article 1030, such as "government agencies" and "the United States Ministry" are clearly defined, but are expressed as the "United States Government" and "United States Government" used in Article 174. There is no definition. The scope of protection given to the federal computer is as mentioned at the beginning. The literature does not explain its meaning. However, in the violation clause in Article 1030 (A) (3), this wording is used in parallel with the wording of "the United States Ministry and Agency", and 175 This termin is 176 and the United States Code No. 18. It suggests that the meaning corresponding to this wording is incorporated from the definition part that is commonly applied to the edition. The definition of financial institutions protected by computers is only slightly different from the definitions generally applied to Title 18 179.
The Federal Parliament specifically lists overseas computers as the basis for jurisdiction over the stat e-o f-law and foreign trade ("the use is" including computers that affect US trade "). For example, there is a question about whether the government has been intended to exclude the application of government computers).
The paragraph is strictly punished in harmful or intentional harm, or intentionally or recklessly harmful harm. It is also strictly punished for recidivets. Thus, the punishment for violations of Article 1030 (a) (5) (a) (intentionally submitting a damaged transmission intentionally) is as follows.
-The year or a lifetime imprisonment, or / or will be intentionally or recklessly killed by the execution of a crime, a fine of $ 250. 000 ($ 500. 000 in the case of an agency). 180
-If the defendant intentionally or recklessly causes serious injuries due to the execution of a crime, a penalty for 20 years or less, and a fine of $ 250. 000 (or less for tissue). 181 Which government computer is protected is a little more uncertain. The terms used in other parts of Article 1030, such as "government agencies" and "the United States Ministry" are clearly defined, but are expressed as the "United States Government" and "United States Government" used in Article 174. There is no definition. The scope of protection given to the federal computer is as mentioned at the beginning. The literature does not explain its meaning. However, in the violation clause in Article 1030 (A) (3), this wording is used in parallel with the wording of "the United States Ministry and Agency", and 175 This termin is 176 and the United States Code No. 18. It suggests that the meaning corresponding to this wording is incorporated from the definition part that is commonly applied to the edition. The definition of financial institutions protected by computers is only slightly different from the definitions generally applied to Title 18 179.

The paragraph is strictly punished in harmful or intentional harm, or intentionally or recklessly harmful harm. It is also strictly punished for recidivets. Thus, the punishment for violations in Article 1030 (a) (5) (a) (intentionally submitting a significantly damaged transmission) is as follows.
-The year or a lifetime imprisonment, or / or will be intentionally or recklessly killed by the execution of a crime, a fine of $ 250. 000 ($ 500. 000 in the case of an agency). 180
-If the defendant intentionally or recklessly causes serious injuries due to the execution of a crime, a penalty for 20 years or less, and a fine of $ 250. 000 (or less for tissue). 181
-When a complaint has a previous criminal record based on Article 1030 (A) or (b), a fine of 20 years or less and a fine of $ 250. 000 or less (in the case of an organization, $ 500. 000 or less) 182.

Defrauding the Federal Government

-The following is a imprisonment of 10 years or less and a fine of $ 250. 000 ($ 500. 000 in the case of an organization).

If you have a loss over $ 5, 000 a year 183

Bank Fraud

Changing medical services, obstruction, or an act of it.

General Crimes

It causes physical injury.

Publi c-minded hygien threatens safety.
It affects justice, national defense, or national security computers. lingering
It affects more than 10 protected computers a year. 184
-Onn year imprisonment and a fine of $ 100. 000 ($ 200. 000 for tissue). 185
The penalties for violations of Article 1030 (A) (5) (b) (intentional access that recklessly cause damage) is as follows.

-If the complaint has been convicted of Article 1030 (A) or (b), a fine of 20 years or less and a fine of $ 250. 000 or less (in the case of an organization) ) 186.

-The imprisonment of 5 years or less and less than $ 250. 000 (for tissue) is fine.

If you have a loss over $ 5, 000 in one year 187
If there is a risk of changing, interrupting, changing or damaging medical services.
It causes physical injury.
Publi c-minded hygien threatens safety.

It affects justice, national defense, or national security computers. lingering

It affects more than 10 protected computers a year. 188

-A finer than one year of prison and a fine of $ 100. 000 ($ 200. 000 in the case of an organization). 189

1030 (A) (5) (c) (intentional access that causes damages and losses) is as follows.

-If the complaint has been convicted of Article 1030 (a) or (b), or less, or / $ 250. 000 ($ 500. 000 in tissue) or less ($ 500. 000). Fine.

-In other violations, a penalty of one year or less and a fine of $ 100. 000 ($ 200. 000 in the case of an organization). 191

Extortionate Threats (18 U.S.C. 1030(a)(7))

Some insights have been insighted in the legislative background of the bureau why the upper limit of the damages was set in this way. In the case of more than $ 5, 000 damages, the previous prohibited matters stated that the invasion or damage to one or more than $ 1, 000 in a year or more. 192 The Senate Committee report associated with the revision of 1996 assumes that the use of the term "damage" contains all economic damage caused by the invasion, and enhancing the amount limit is to prosecute the federal weight. He states that it is expected to be limited to the most serious case:

In the 1994 revision, both "damage" and "loss" were required, but it is not always clear what to "damage". For example, an attacker often tampered with an existing logon program so that the user's password is copied to a file that can be collected later. After recovering the newly created password file, the attacker returns the damaged logon file to its original state. Perhaps in such a state, neither the computer nor the information is damaged. Nevertheless, this action allows the attacker to accumulate valid user passwords on the system, demand all the system users to change the password, and the system administrator needs to split the resources to start the system. be. Therefore, although there is no "damage", the victim suffers "loss". If the victim's loss is met, the act is a crime, and the victim should have the right to be relieved. Therefore, the bill focuses on the damage that the law tries to prevent and defines "loss" in Article 1030 (E) (8). As before, the term "damage" requires substantial economic loss. S. Rep. 104-357 at 11 (1996).

Usually, it is argued that if there is another hacker ban with a light penalty, it will not be allowed to use the cost of "damage" or "security" to meet the most strict penalty standard, $ 5, 000. Huh. The wording in the bill is overturned such an estimate, but if the key ("password") is stolen, the new key cost ("system reciqueie") can be regarded as damage. It can be said that it is just doing it. Several insights are indicated in the legislative background of the bureau why the upper limit of damages was set in this way. In the case of more than $ 5, 000 damages, the previous prohibited matters stated that the invasion or damage to one or more than $ 1, 000 in a year or more. 192 The Senate Committee report associated with the revision of 1996 assumes that the use of the term "damage" contains all economic damage caused by the invasion, and enhancing the amount limit is to prosecute the federal weight. He states that it is expected to be limited to the most serious case:

Usually, it is argued that if there is another hacker ban with a light penalty, it will not be allowed to use the cost of "damage" or "security" to meet $ 5, 000, which is the most severe penalties standard. Huh. The wording in the bill is overturned such an estimate, but if the key ("password") is stolen, the new key cost ("system reciqueie") can be regarded as damage. It can be said that it is just doing it.

The U. S. Patriot Law clearly states the definition of "loss" used here, reducing the possibility of misunderstanding: Loss, which responds to crime, evaluates damage, data, program, and so on. It means the cost of recovering systems or information to a state before the crime, and the reasonable costs for victims, including the loss due to the interruption of the service, the costs incurred, or other result damage. " 18 U. S. C. 1030 (E) (11). Therefore, the loss caused by the contractor hired to manage the damaged computer system may be appropriately included to reach the $ 5, 000 threshold. 193

Jurisdiction

The second potential problem has also been resolved. In the 1996 revision, it was probably inadvertent, but the distribution of a total damage of $ 5, 000 was changed to describe the victim as an "individual." 194 With this change, the Federal Congress shall be completely limited to the loss or damage that individuals have suffered without any loss or damage caused by companies or other corporations. There was a suspicion that it was intended. 195 The US Patriot Law denied this problem by describing the victims of loss and defining a person as a "person" and containing a person to include βυυ individuals and all "corporate and other organizations." 196

The number of medical infringements for many years has no limit, and it has not been basically changed since a young hacker has been added after a young hacker invading a computer center at the Memorial Sloan Gin Gurgical Cancer Center.

Threat of "Damage"

On the other hand, computers hacking, which causes body injury or threatening public health and safety, has been newly added in the 1996 revision, and to achieve more general threats. It ’s a thing:

As NII (National Information Infrastructure) and other network infrastructure continue to grow, computers will be increasingly used to access important services such as emergency support systems and air traffic control, It will be important for other unpredictable systems. S. Rep. 104-357 at 11 (1996).

The last item is the work of the Identity TheFT ENFORCEMENT ACT. 198 Senate sponsor explains:

Due to the increase in cyber attacks targeting multiple computers, it would make damaging 10 or more computers with spyware or keyloggers a felony, regardless of the total damage. By making this a felony, the bill would ensure that the most hardcore identity thieves do not get away with minimal punishment under federal cybercrimes law. 153 Cong. Rec. S14570 (Daily Ed. Nov. 15, 2008) (Statement by Senator Leahy).

Here, as elsewhere, juvenile offenses are likely to be state proceedings rather than federal proceedings. 199 Many of the other side provisions of this act, such as those regarding sentencing guidelines, forfeitures, etc., which are of little relevance in cases of simple violations, could have real consequences in cases of damage offenses prohibited by 18 U. S. C. 1030(a)(5).

Intent

The sentencing guidelines operate in 1030(a)(5) injury cases in the same way as 1030(a)(2) information cases. 200 These offenses are assigned to the same guideline, U. S. S. G. §2b1. 1. However, some of these rolling guidelines are more explicit for injury cases. For example, there is a minimum four-level enhancement when the 1030(a)(5) offense involves intentional harm, 201 and there is a separate enhancement range when the offense involves multiple victims. 202 In addition, both offenses trigger the same range of enhancements based on the degree of loss or damage caused by the offense, although the amount of loss or damage is often greater in injury cases. 203 Property derived from or in furtherance of a violation of 18 U. S. C. §1030 is subject to forfeiture. 204 Restitution is mandatory when it involves violations of the fraud or damage prohibitions. 205 Losses in restitution cases were unusual when forfeiture was limited to the perpetrator's unjust enrichment. Now that property used to cause damage in violation of 1030(a)(5) is subject to forfeiture, forfeiture may be more widespread. 206

Consequences

Penalties and Civil Liability

Regardless of the criminal penalty imposed, violators in Article 1030 (A) (5) may be liable for civil liability for serious damage caused. 207. If the victims of the violation of Article 1030 (a) (5) or the required serious damage, the victims of the violation of Article 1030 (a) are filed within two years, under damages and under the wak e-up law. There is a cause for rescue. 208 Damage to medical records, damage caused by physical injury, damage that threaten public safety, or damage to specific government conquettas can also be subject to "compensation" damages that exceed "economic" damages. There is sex. 209 Recovery is limited to economic damages if the victim's claim is based on the fact that the damage of more than $ 5, 000 has occurred. 210

Other Consequences

The victim is described as "a person causing a loss or damage as a result of violation of this Article", but inherited in Article 1030, the definition applied to the 18th edition in general, the "person". There is no specific definition. 211 The legislative background had no more details, and the court remained this issue unresolved. The term "person" can be meaningful for individuals, or other corporations, including government agencies, or other corporations, but does not include government agencies. There may have been a reliable discussion of each possible reading, but in Article 1030 (A) (7) (extinct intimidation), the term "individual" means only individuals. The fact that it was chosen as it may have seemed to support similar interpretation in Article 1030 (G). The Patriot Act solved this question and answered some other questions. Regardless of the criminal penalty imposed, violators in Article 1030 (a) (5) may be liable for civil liability for serious damage caused. 207. If the victims of the violation of Article 1030 (a) (5) or the required serious damage, the victims of the violation of Article 1030 (a) are filed within two years, under damages and under the wak e-up law. There is a cause for rescue. 208 Damage to medical records, damage caused by physical injury, damage that threaten public safety, or damage to specific government conquettas can also be subject to "compensation" damages that exceed "economic" damages. There is sex. 209 Recovery is limited to economic damages if the victim's claim is based on the fact that the damage of more than $ 5, 000 has occurred. 210

Attempt, Conspiracy, and Complicity

The victim is described as "a person causing a loss or damage as a result of violation of this Article", but inherited in Article 1030, the definition applied to the 18th edition in general, the "person". There is no specific definition. 211 The legislative background had no more details, and the court remained this issue unresolved. The term "person" can be meaningful for individuals, or other corporations, including government agencies, or other corporations, but does not include government agencies. There may have been a reliable discussion of each possible reading, but in Article 1030 (A) (7) (extinct intimidation), the term "individual" means only individuals. The fact that it was chosen as it may have seemed to support similar interpretation in Article 1030 (G). The Patriot Act solved this question and answered some other questions. Regardless of the criminal penalty imposed, violators in Article 1030 (A) (5) may be liable for civil liability for serious damage caused. 207. If the victims of the violation of Article 1030 (a) (5) or the required serious damage, the victims of the violation of Article 1030 (a) are filed within two years, under damages and under the wak e-up law. There is a cause for rescue. 208 Damage to medical records, damage caused by physical injury, damage that threaten public safety, or damage to specific government conquettas can also be subject to "compensation" damages that exceed "economic" damages. There is sex. 209 Recovery is limited to economic damages if the victim's claim is based on the fact that the damage of more than $ 5, 000 has occurred. 210

Other Crimes

Hobbs Act

The victim is described as "a person who suffers or damages as a result of violation of this Article", but inherited in Article 1030, the definition applied to the 18th edition in general, the "person". There is no specific definition. 211 The legislative background had no more details, and the court remained this issue unresolved. The term "person" can be meaningful for individuals, or other corporations, including government agencies, or other corporations, but does not include government agencies. There may have been a reliable discussion of each possible reading, but in the Federal Congress, in Article 1030 (A) (7) (extinct intimidation), the term "individual" means only individuals. The fact that it was chosen as it may have seemed to support similar interpretation in Article 1030 (G). The Patriot Act solved this question and answered some other questions.

First, the term "individual" means individuals, companies, corporations, companies, educational institutions, government agencies, corporations, and other organizations, "he said. 213 The next generous definitions have been added to the types of damage that can cause civil liability. "The term" loss "includes illegal acts, implementation of damage evaluation, data, programs, systems, or information, and loss of revenue caused by interruption of services. It means that the federal law, "G), is" hardware, computer software negligence ", which means" hardware, computer software, and firmware negligence, "1030 (G), which includes costs or other derivative damage. It has been clear that it does not create the cause of loss or damage caused by "design or manufacturing".

If a crime is specified as a federal terrorism crime, several results will occur. Among the crimes in Article 1030 (a), a serious injury crime in (a) paragraph (1) and (a) section (5) is considered to be considered only because of the damage of $ 5, 000 or more. Only) is classified as a federal terrorist crime. 216 Specified as a Federal Terrorism crime applies many other substances and procedures, regardless of the relationship with terrorism. Federal terrorism crimes apply to eigh t-year statute of limitations, not five years of statute of limitations applied to most federal crimes. The longest period of relocation of the 217 Federal Terrorism Crime is not a maximum of five years, which is applied in most other cases, but for life imprisonment. 218 A person charged with the Federal Terrorism Crime is estimated to be unwilling on bail before the criminal trial. 219 The maximum prison period of the theft of Kaede Personal Information is five years, not two years of prison sentence applied in other cases when crime is performed in relation to the federal terrorism crime. The intention of execution of the Federal Terrorism Crime or intentionally providing maritime transport to those who intend to escape from execution is another federal crime punished for the year or life prohibition. 221

Threat Statutes

222 Among other things, RICO prohibits collective action ("racketeering activities") to obtain or obtain business from an enterprise whose activities affect interstate or foreign commerce. 223 Offenders are punishable by up to 20 years in prison and are also subject to civil liability. 224 Any RICO offense is a predicate offense for money laundering under 18 U. S. C. 1956.

The same general remarks regarding attempt, conspiracy, and aiding apply here as in the first paragraph violations. An attempt or conspiracy to violate section 1030(a)(5) or any other paragraph of section 1030(a) is a separate offense. 225 A person who attempts, conspires, or aids in the commission of another violation is subject to the same penalties as a person who commits a substantive violation. 226

RICO, Money Laundering, and the Travel Act

There are several other federal statutes that may involve damage or destruction of federal property, financial institution property, or property used in interstate or foreign commerce. The main uncertainty is whether these general statutes are applicable to the protection of intangible property, such as information in computer storage. Even if data stored in a computer is considered tangible property (electronic files rather than paper files), many statutes regarding damage or destruction may not be available because they require specific means of destruction (destruction by fire or explosives) or protect specific types of property (timber or buildings). 227

Trafficking in Computer Access (18 U.S.C. 1030(a)(6))

Destruction of government records. Section 2071 makes it a federal crime for anyone who "conceals, removes, mutilates, obliterates, or destroys" any record, proceeding, map, book, paper, document, or other thing of the United States that has been filed or deposited. 228 The damage or destruction of government computer-stored records falls within the scope of section 2071 only if it meets the following criteria: act (removal or destruction), object (records or other), and place (submission to a Federal judicial or public official). 222 Among other things, RICO prohibits collective action ("racketeering activity") to obtain or obtain business from a company whose activities affect interstate or foreign commerce. 223 Offenders are punishable by up to 20 years in prison and may also be subject to civil liability. 224 Any RICO offense is a predicate offense for money laundering under 18 U. S. C. 1956.

There are several other federal statutes that may involve the damage or destruction of federal property, property of financial institutions, or property used in interstate or foreign commerce. The main uncertainty is whether these general statutes are applicable to the protection of intangible property, such as information in computer storage. Even if data stored in a computer is considered tangible property (electronic files rather than paper files), many statutes regarding damage or destruction may not be available because they require specific means of destruction (destruction by fire or explosives) or protect specific types of property (timber or buildings). 227

Destruction of government records. Section 2071 makes it a federal crime for a person to "conceal, remove, mutilate, obliterate, or destroy" any record, proceeding, map, book, paper, document, or other thing of the United States that has been filed or deposited. 228 The damage or destruction of government computer-stored records falls within the scope of section 2071 only if it meets the following criteria: act (removal or destruction), object (records or other), and place (submission to a Federal judicial or public official). 222 Among other things, RICO prohibits collective action ("racketeering activity") to obtain or obtain business from a company whose activities affect interstate or foreign commerce. 223 Offenders are punishable by up to 20 years in prison and may also be subject to civil liability. 224 Any RICO offense is a predicate offense for money laundering under 18 U. S. C. 1956.
Regarding attempt, conspiracy, and aiding and abetting, the same general remarks as those made in paragraph 1 apply here. An attempt or conspiracy to violate section 1030(a)(5) or any other paragraph of section 1030(a) is a separate offense. 225 A person who conspires to commit, or aids in, a violation of, or aids another in a violation is subject to the same penalties as a person who commits a substantive violation. 226
There are several other federal statutes that may involve the damage or destruction of federal property, property of a financial institution, or property used in interstate or foreign commerce. The main uncertainty is whether these general statutes are applicable to the protection of intangible property, such as information in computer storage. Even if data stored in a computer is considered tangible property (electronic files rather than paper files), many statutes regarding damage or destruction may not be available because they require specific means of destruction (destruction by fire or explosives) or protect specific types of property (timber or buildings). 227
Destruction of government records. Section 2071 makes it a federal crime for a person to "conceal, remove, mutilate, obliterate, or destroy" any record, proceeding, map, book, paper, document, or other thing of the United States that has been filed or deposited. “228 The damage or destruction of government computer-stored records falls within the scope of Section 2071 only if it satisfies one of the following criteria: act (removal or destruction), object (records or other), and place (submission to a federal judicial authority or public official).

Jurisdiction

The phrase "conceal, remove, mutilate, obliterate, or destroy" may be offered to argue that the law extends to the destruction or complete inaccessibility of electronic records, but probably not to total destruction. Electronic destruction seems to fall under either "erasure" ("become unreadable in the dark")229 or "destruction." In the absence of erasure or destruction, the section can be considered to protect only the visible, since the word "mutilate" clearly has a physical connotation. However, one of the few courts that has interpreted § 2071 has held that it does not prohibit copying of government records, not because it amounts to the deletion of intangibles (information), but because the statute is designed to prevent "any action which deprives the government of the use of its records."230 The phrase "any record, proceeding, map, book, paper, document, or other thing filed or deposited" seems to cover any "thing" that can be "filed or deposited." In this day and age of "electronic filing,"231 the argument that this language does not apply to federal computer records seems unfounded.

Intent

While the final requirement may seem to protect only records based on filings with federal courts or administrative agencies, the lack of available case law suggests that it extends to any records maintained by the government. 232

Consequences

Penalties

A violation of Section 2071 is punishable by imprisonment for not more than three years and/or a fine not to exceed $250, 000, or by both the fine and imprisonment. 233

Other Consequences

Destruction of Federal Property. Section 1361 makes it a federal crime to "intentionally damage or deface the property of the United States" property owned by the government. 235 Federal courts have allowed Section 1361 prosecutions against defendants who used hammers and drills to destroy federal computers. 236 There appear to be no reported cases in which § 1361 was used to prosecute computer misuse to destroy federal property, and federal authorities used an older version of the computer misuse statute, 18 U. S. C. § 1030, to prosecute one of the earliest cases of computer misuse damage. 237

Other Crimes

Damage or destruction of federal property is punishable by imprisonment for not more than 10 years and/or a fine not exceeding $250, 000 (or by imprisonment for not more than 1 year and/or a fine not exceeding $100, 000 if the damage caused is not more than $1, 000 and no fatality results from the violation). 238

Disruption of Federal Communication Systems

Computer Espionage (18 U.S.C. 1030(a)(1))

Willingly or maliciously interfering with or disrupting "in any manner" any communication system owned by the United States or used by the United States for military or civil defense purposes is a violation of Article 1362, punishable by imprisonment for not more than 10 years and/or a fine not exceeding $250, 000. 239

A handful of federal laws protect financial institutions from some forms of theft but not from property damage or destruction. 240 Section 1030 appears to be the only statute that contains a specific provision to protect financial institution property from damage or destruction.

Transportation. The only federal statute other than 1030(a)(5) that likely covers computer damage or destruction of property in interstate commerce is transportation. The provisions prohibiting interference with air, motor vehicle, rail, and maritime transportation appear to be designed to be broad enough to cause damage or destruction to at least some of the computer systems associated with these transportation facilities.
For example, the provision governing the destruction of aircraft and aircraft facilities punishes anyone who "destroys, destroys, or disables" any air navigation facility if "the damage, destruction, or disablement ... is likely to endanger the safety of such aircraft."241 In this case, air traffic control systems would be protected, but electronic passenger information would not be.
If there is a possibility that the ship's safe navigation may be dangerous, illegally and intentionally ... a person who destroys marine facilities, caused serious damage, and hindered their management. Alternatively, the attempted or conspiracy may be imprisoned or executed in prison or / or less or less or or less or execution of a crime. 242 Federal judicial rights for prosecution are present when crime occurs in the U. S. territory, if the related ships or ships are US or later found by Americans or later found in the United States. do. 243
Similarly, assault during larg e-scale transportation is imprisoned for 20 years and a fine of $ 250, 000 (less than $ 500, 000 in the case of tissue), and if you die due to crime execution, you will be sentenced to life imprisonment or death penalty. 。 244 Again, computers for the purpose of controlling railway traffic are almost certainly eligible. Computers for the purpose of managing tickets are almost certainly not eligible.

Jurisdiction

Federal law, which prohibits the destruction of automotive facilities, seems a little more modest. It is because it extends to those who intentionally "damaged, destroyed, falsified", or "inoperable, inoperable, dangerous for work and use", "ignoring the safety of human life". There is (18 U. S. C. 33). 18 U. S. C. 33 (A). The abuse of a computer that destroys or damages the transportation control system in a way that threatens 245 people is likely to be within the scope of Article 33.

Intent

Other injuries. Other federal crimes that may be involved in the destruction of computer systems used in commercial transactions or foreign commercial transactions include damage to 246 energy facilities, or communication satellites or weather satellites. There is something prohibited from disturbing. 247 Most states prohibit the destruction of equipment, software, or computer systems. 248 If there is a possibility that the ship's safe navigation may be dangerous, illegally and intentionally ... a person who destroys marine facilities, caused serious damage, and severely disturbed the operation. " Alternatively, the attempted or conspiracy may be imprisoned or executed in prison or / or less or less or or less or execution of a crime. 242 Federal judicial rights for prosecution are present when crime occurs in the U. S. territory, if the related ships or ships are US or later found by Americans or later found in the United States. do. 243

Consequences

Penalties and Sentencing Guidelines

Similarly, assault during larg e-scale transportation is imprisoned for 20 years and a fine of $ 250, 000 (less than $ 500, 000 in the case of tissue), and if you die due to crime execution, you will be sentenced to life imprisonment or death penalty. 。 244 Again, computers for the purpose of controlling railway traffic are almost certainly eligible. Computers for the purpose of managing tickets are almost certainly not eligible.

Federal Crime of Terrorism

Other injuries. Other federal crimes that may be involved in the destruction of computer systems used in commercial transactions or foreign commercial transactions include damage to 246 energy facilities, or communication satellites or weather satellites. There is something prohibited from disturbing. 247 Most states prohibit the destruction of equipment, software, or computer systems. 248 If there is a possibility that the safe navigation of ships may be dangerous, illegally and intentionally ... those who have destroyed, causing severe damage, and hindering their operation. " Alternatively, the attempted or conspiracy may be imprisoned or executed in prison or / or less or less or or less or execution of a crime. 242 Federal judicial rights for prosecution are present when crime occurs in the U. S. territory, if the related ships or ships are US or later found by Americans or later found in the United States. do. 243
Similarly, assault during larg e-scale transportation is imprisoned for 20 years and a fine of $ 250, 000 (less than $ 500, 000 in the case of tissue), and if you die due to crime execution, you will be sentenced to life imprisonment or death penalty. 。 244 Again, computers for the purpose of controlling railway traffic are almost certainly eligible. Computers for the purpose of managing tickets are almost certainly not eligible.
Federal law, which prohibits the destruction of automotive facilities, seems a little more modest. It is because it extends to those who intentionally "damaged, destroyed, falsified", or "inoperable, inoperable, dangerous for work and use", "ignoring the safety of human life". There is (18 U. S. C. 33). 18 U. S. C. 33 (A). The abuse of a computer that destroys or damages the transportation control system in a way that threatens 245 people is likely to be within the scope of Article 33.

Other Consequences

These 1030 (a) (5) injuries are the crime of the federal terrorism (the destruction of the protected computer, the resulting harm to medical care, the occurrence of physical injury, or the threat to public health or safety). Applicable. In particular, RICO prohibits the business of a profitable company through the execution of the patternized crime. 250
The violation is (a) confiscation of property rights of the property and businesses involved in violations of the RICO violation, (b) the forbidden sentence of 20 years or less, or one of the predicate crimes. Is penalized by life imprisonment and a fine of $ 250, 000 (or less in the case of a corporation). 251
RICO violations are also subject to the civil liability of the offenders. The court can give those who have damaged by RICO three times as much as damages, costs, and lawyer fees, stopping RICO violations, selling business, disbanding, reorganization, and future of violators. You can restrict business activities and investment activities. 252
In the Federal Money Laundering Law, the United States Code 18 and 1957, various financial activities related to other federal crimes are illegal. 253 These prohibit the following:
Domestic washing of the earnings of these pr e-crimes, called "specified illegal activities";

International cleaning of the profits of predicate crimes;

Attempt, Conspiracy, and Complicity

The revenue of the crime listed in each item must be used to promote the crime listed in the previous items.

Other Crimes

Expend or deposit $ 10, 000 or more from criminal revenue. 255

Espionage Offenses

However, computers tampering crimes in Article 1030 (a) (5) may be able to generate profits compared to fraud and spy crime in Article 1030 (A) (4) and Article 1030 (A) (1). Is low.

(A) (4) Intentionally, with the intention of fraud, accessing protected computers unauthorized or accessed beyond the permitted access, promotes intended fraud through such an act. And those who have earned worth are only for the purpose of the scam and the acquisition of the computers, and the value of such use does not exceed $ 5, 000 in one year (c) (C) (C) (C). ) It is punished as stipulated in the section. These injuries in Article 1030 (a) (5) are the crime of the federal terrorism crime (the destruction of the protected computer, the resulting harm to medical treatment, the occurrence of physical injury, or the public health or safety. It is a threat). In particular, RICO prohibits the business of a profitable company through the execution of the patternized crime. 250

The violation is (a) confiscation of property rights of the property and businesses involved in violations of the RICO violation, (b) the forbidden sentence of 20 years or less, or one of the predicate crimes. Is punished for life imprisonment, and a fine of $ 250, 000 (or less for corporations for corporations). 251
RICO violations are also subject to the civil liability of the offenders. The court can give those who have damaged by RICO three times as much as damages, costs, and lawyer fees, stopping RICO violations, selling business, disbanding, reorganization, and future of violators. You can restrict business activities and investment activities. 252
In the Federal Money Laundering Law, the United States Code 18 and 1957, various financial activities related to other federal crimes are illegal. 253 These prohibit the following:
Domestic washing of the earnings of these pr e-crimes, called "specified illegal activities";
International cleaning of the profits of predicate crimes;
The revenue of the crime listed in each item must be used to promote the crime listed in the previous items.

Expend or deposit $ 10, 000 or more from criminal revenue. 255

However, computers tampering crimes in Article 1030 (a) (5) may be able to generate profits compared to fraud and spy crime in Article 1030 (A) (4) and Article 1030 (A) (1). Is low.

(A) (4) Intentionally, with the intention of fraud, accessing protected computers unauthorized or accessed beyond the permitted access, promotes intended fraud through such an act. And those who have earned worth are only for the purpose of the scam and the acquisition of the computers, and the value of such use does not exceed $ 5, 000 in one year (c) (C) (C) (C). ) It is punished as stipulated in the section. These 1030 (a) (5) injuries are the crime of the federal terrorism (the destruction of the protected computer, the resulting harm to medical care, the occurrence of physical injury, or the threat to public health or safety). Applicable. In particular, RICO prohibits the business of a profitable company through the execution of the patternized crime. 250

Economic Espionage

The violation is the case where (a) the property right of the property and the business that involved the violation of the RICO violation, (b) the forbidden sentence of 20 years or less, or one of the predicate crimes. Is punished for life imprisonment, and a fine of $ 250, 000 (or less for corporations for corporations). 251

18 U.S.C. 1030. Computer Fraud and Abuse (text)

RICO violations are also subject to the civil liability of the offenders. The court can give those who have damaged by RICO three times as much as damages, costs, and lawyer fees, stopping RICO violations, selling business, disbanding, reorganization, and future of violators. You can restrict business activities and investment activities. 252

In the Federal Money Laundering Law, the United States Code 18 and 1957, various financial activities related to other federal crimes are illegal. 253 These prohibit the following:

Domestic washing of the earnings of these pr e-crimes, called "specified illegal activities";

International cleaning of the profits of predicate crimes;

The revenue of the crime listed in each item must be used to promote the crime listed in the previous items.

Expend or deposit $ 10, 000 or more from criminal revenue. 255

However, computers tampering crimes in Article 1030 (a) (5) may be able to generate profits compared to fraud and spy crime in Article 1030 (A) (4) and Article 1030 (A) (1). Is low.

(b) Those who have tried to commit crimes based on paragraphs (a) of this Article will be punished as stipulated in paragraphs (C).

Article 1030 (a) (4) violates computer intrusion fraud. The content is as follows.

Intentionally and with the intention of fraud

Access a computer protected without approval or excessive approval, ---.

To promote fraud and get valuable computers (excluding $ 5., 000 or more in one year). 257

Article 1030 (A) (4) is a computer used by a "protected computer", a computer that is used or affected by the stat e-o f-law or foreign trade. It violates the computers, or fraud against computers used for financial institutions. According to the 259 Committee report, the Federal Congress understands that the wording "used in versatile or foreign trade" is equivalent to "affecting stat e-t o-state or foreign trade". I was. 260 INTITY ENFORCEMENT AND RESTORATION ACT reconstructed the jurisdiction base to explicitly contain computers that "affect" to stat e-o f-state or foreign trade 261, which appears to strengthen the committee's expansion understanding. Ta. 262

The Federal Parliament has further revised the definition of a protected computer by adding the phrase "containing conputa located outside the United States, which is used in a way that affects stat e-o f-th e-art or foreign trade." 263 By doing so, the Federal Congress, for example, in any other situation, such as a federal computer located outside the United States, which is not used in a way that affects commercial transactions, in any other situation in Article 1030 (a) It can be read that it has intended to eliminate the application in a foreign country.

As mentioned earlier, it may actually be doubtful whether the term "United States government" contains computers of legislation, judicial office, or independent federal government agencies, or only in administrative prefectures. You can do it. Article 1030 (E) (2) (B) Definition of a protected computer (or "or" is "or" influenced by state or foreign trade or communication ") is clearly wid e-ranging of the crime in the same article. The scope of applicable is fixed. On the other hand, in Article 1030 (A) (3), the Federal Congress uses the word "United States government" in the same way as the wider term "ministers of the United States". 264 If you do not follow the (A) paragraphs (4), it may be considered more than careless.

To this time, the court has "not approved" or "approved access" or "approved" used in Article 1030 (A) (4) and the United States Law Collection (U. S. C.) (U. S. C.). I can't agree on the meaning of "exceeding". 265 Applies access conditions to a thir d-party who uses access rights for a method that is not permitted or is not permitted, or to a third party with explicit reserves. I am. 266 Other people have "Article 1030 (A) (2) and (4)" those who intentionally access the computer without permission "are completely accessible to the Conputa Article 1030 (A) (2) and (4) "A person exceeding the permitted access" is permitted to access the conaputa but is not allowed to access it. I have accessed information. " 267

Article 1030 (a) (4) was proposed as part of the original law in 1984, but was not enacted until the 268 and 1986 revision. 269 Reference literature associated with the revision of 1986 is the same criterion that is used in Article 1029 of the United States Law Collections, "Authentic and intentional with the intention of fraud", "intentionally and with the intention of fraud". Is stated. 270 This expression, which is used in the Credit Card fraud law, recognizes the physician the physical endings of his actions (that is, it is likely that someone is likely to be deceived). 271, which intends to have those states (that is, intends to be deceived by someone).

The indictment is limited when the use of a computer is the center of a criminal planning painting, and is not limited when the computer is simply used as a convenience of recording. 272 Similarly, the requirement that the value of the converted property exceeds $ 5, 000, minimizes the possibility that a simple conversion of conquetta will be charged as a scam.

The precedent supports that it is difficult to maintain the prosecution, even for those who have repeatedly gross intrusion based on Article 1030 (A) (4). The CZUBINSKI case was a case in which the internal revenue agency official searched for taxpayers on computer systems of the domestic revenue agency continuously. The Appeal Court abandoned the conviction of the four causes of violation, Article 1030 (A) (4), assuming that the government was fraudulent, that is, was deprived of valuable things. 274

The violation is a forbidden sentence of 5 years or less (10 years or less in the case of a cumulative criminal), and a fine of $ 250, 000 or less (or less in tissue or less). 275 The same amount of prison guidelines target both scams in Article 1030 (A) (4) and damages in Article 1030 (a) (5), but are widespread caused by the release of worms and viruses. In the case of damage, the escalator based on the amount of damage caused is considered to be more clear. 276 The provisions of attempted attempted, conspiracy, and conspiracy are applied to the crime of Article 1030 (a) (4) in the same way as applied to other paragraphs in the same Article. 277 Article 1030 (A) (4) Confirmation of a violation of paragraph (4) requires a refund to the victim, which may lead to the seizure of the violation of the violation. 278 Victims may file a lawsuit for 279 requests for compensation damages and / or suspended to rescue due to Article 1030 (g).

Article 1030 (A) (4) prohibits unauthorized use of government computers, bank computers, or computers used in versatile or foreign trade as an indispensable factor in fraud. Federation of this article in the Federal Penal Code includes the General Penal Code, the laws that prohibit the theft or fraud on the property of the federal government, the laws that prohibit the theft or fraud for financial institutional property, and the theft related to the property of the state trade or foreign trade. Or it includes laws that prohibit fraud. .

Temple fraud. The fraud (18 U. S. C. 1343) does not mention "valuable things" (including tangible and intangible), and only for physical things such as "products, products, products, securities, money". It is not mentioned. Rather, it accuses us to use versatile communication or foreign communication in accordance with plans to fraud "money or property" from others. 280 The Supreme Court has revealed that the "property" in the jurisdiction contains confidential information, 281, and the Federal Court has revealed that the confidential information for computer preservation is inferior to it. There is. 282 In fact, at one point, one writer said, "Article 1343 of the United States Law, which is a method of enactment of fraud, Article 1343, which is a compute r-related crime, rather than Article 1030 and other computers. He has created more convicted rulings. " 283

There is a common history of Credit Card Fraud, Part 18 (credit card fraud) and Article 1030 (computer fraud). As in Article 284 1030, Article 1029 was regularly improved in 1984 as part of the comprehensive crime countermeasures law of the year. Unlike Article 285 1030, Article 1029 has a single unified jurisdiction that is applied to crimes that "affect stat e-t o-state or foreign trade". 286

Both are duplicated in the fact that §1029 does not use "access devices" to obtain cash, credit, product or service, and prohibit frauding commercial computer systems. 287

The access device is (1)

card,

Personal identification number,

plate,

Electronic serial number,

code,

Mobile identification number

Article 1029 stipulates three types of crimes, attempted or conspiracy, which tries to commit one of the substantial violations of accessories, acts in which accessories are unauthorized, access devices. 。 The following charges include the following.

Use of counterfeit access devices. 290 "Falcoded access device" refers to "forgery, fictional, modified or modified or counterfeited, or identifiable components of accessories or counterfeit access devices." 291

If you use unauthorized access equipment and get a loss or profit of more than $ 1, 000 a year. 292 "Unauthorized Access Equipment" is "obtained with the intention of loss, theft, expired, exposure, canceling, and fraud." 293 and

As a result of using an access device issued to others, you get more than $ 1, 000 or more a year. In this case, these use will be crimes only if they are intentionally performed with the intention of fraud. 294

Article 1029 "Preparation" crimes are applied only to fraudulent acts that affect stat e-o f-state or foreign trade, and are applied only to fraudulent acts that have been intentionally performed with the intention of fraud. 295 These include the following.

Possession of equipment manufacturing equipment (§1029 (A) (4)), 297 substantive imitation, 298

Provide access devices to others or to sell information on access devices without permission from the issuer of access devices.

Use scanner. 301, that is, illegal intercept or electronic interior equipment; 302

Possession of computer equipment used to avoid telecommunications charges, or "hardware or software used to change or remodel telecommunications equipment to receive telecommunications services illegally." 303 and

Article 1029 (B) (1) shall be a separate crime to try to commit one of the substantial crimes of Article 1029 (A) above. 305 Article 1029 (B) (2) states that collusion of any of these crimes is a separate crime. 306 Attempts are imprisoned in the same punishment (10 years or less or 15 years or less) as the completed crime, but for conspiracy crimes, less than half the prison sentence applied to the original crime (5 years) (5 years) (5 years. Below or more than seven and a half years, imprisonment) will be imposed. 307 One of the reasons for this distinction is that the attempted crime is usually blamed for an unfinished crime, and the criminals are punished for both, but they are not punished. It is probably because it will not be annexed to a substantive crime, and will be punished for one or both.

In any case, the highest sentence is determined by the penalties specified by the crime under Article 1029.

Use of counterfeit access equipment 308

Use of unauthorized access equipment 309

Have more than 15 forged or unannibular access devices.

Unauthorized sales of access devices 311

Have a device designed to avoid telephone charges.

Make others illegally present your credit card slip for payment.

(2) In the case of the first offense, imprisonment for 15 years or less.

Possession of counterfeit devices, 314

Use to fraudize other people's access equipment, 315

Pearing a scanner, 316

Possession of equipment aimed at fraudulent communication service charges. 317

Conspiracy. The same law, which is a crime for violating the federal law, is also a federal crime that fraudulently fraudulent in the United States. 318 Unlike postal fraud and bank fraud, in order to succeed in accusing the U S-fraudulent conspiracy, it is necessary to prove that the defendant has tried to take money or property from the United States or someone else. No. 319 The unknown part of this law is very wide and "hinders, hinders, and destroys the legal operation of all governments in the government." 320 There is no need for other fundamental crimes or evidence of the purpose. 321 "The government has concluded a contract that hinders the legal function of the government by (1) the defendant (2) a (3) a contract to hinder the government's legal function, and at least to promote collusion. You just have to show that there was one obvious act. " 322

There are many federal criminal laws that prohibit fraud fraud on government computers, of which some of them are unauthorized as an indispensable part of the fraudulent plan. Two of the most important things, false statements (18 U. S. C. 1001) (false statements regarding the jurisdiction of federal agencies or departments), and the collusion of deceiving the United States (18 U. S. C. 371) have already stated. It is. In addition, there are Article 1031 of the United States Code (a larg e-scale procurement fraud for the United States). 323 18 U. S. C. 1035 (false statements for medical care). 324 18 U. S. C. 1014 (false statements for loans with federal insurance and credit application). 326 and Article 187 of the United States Law Collection 18 (false claims for the United States). 327

Although the number is small, some federal criminal law prohibits fraudulent financial institutions in the same phrase as the ban on fraud in the United States, especially the United States Code, which is a common bank fraud. It is wel l-known that Article 1344 328, and a law that prohibits embezzlement and similar misconduct by bank officers and employees. 329 (2) In the case of the first offense, prison for 15 years or less.

Possession of counterfeit devices, 314

Use to fraudize other people's access equipment, 315

Pearing a scanner, 316

Possession of equipment aimed at fraudulent communication service charges. 317

Although the number is small, some federal criminal law prohibits fraudulent financial institutions in the same phrase as the ban on fraud in the United States, especially the United States Code, which is a common bank fraud. It is wel l-known that Article 1344 328, and a law that prohibits embezzlement and similar misconduct by bank officers and employees. 329 (2) In the case of the first offense, prison for 15 years or less.

Possession of counterfeit devices, 314

Use to fraudize other people's access equipment, 315

Pearing a scanner, 316

Possession of equipment aimed at fraudulent communication service charges. 317

CAN-SPAM Act. The most likely overlap would be the CAN-SPAM Act of 2003 (18 U. S. C. 1037). CAN-SPAM provides protections for all "protected computers." 330 The criminal assault control provisions of the Non-Civilized Pornography and Marketing Act of 2003 (CAN-SPAM Act) generally expand the types of coverage provided by Section 1030 and add to the federal government's ability to prosecute hackers who use email for fraudulent purposes. Specifically, Section 1037 prohibits a person from knowingly and knowingly doing anything that affects or will affect interstate or foreign commerce by accessing a protected computer and knowingly sending multiple emails (multiple means more than 100 emails in a day, more than 1, 000 emails in a month, or more than 10, 000 emails in a year). 331

Using a protected computer to send commercial e-mail with the intent to deceive or mislead as to its origin. 332

Substantially altering the header of an e-mail and sending multiple e-mails under the altered header. 333

Registering five or more e-mail accounts or two or more domain names, providing false identification, and using them to send multiple commercial e-mails. 334 ή

Providing false identification to the registrant of five or more IP addresses and using them to send multiple commercial e-mails, or conspiring to do so. 335

Offenders are subject to one of several penalties, depending on the severity and regularity of the violation, ranging from imprisonment for up to one year to imprisonment for more than five years. 336 If punished with imprisonment for up to one year, the offender may also be fined up to $100. 000 (up to $200. 000 for an organization). The fine for other violations of Article 1037 is up to $250, 000 (up to $500, 000 for an institution). 337 Property used or realized in the commission of a crime is subject to forfeiture. 338

Money Laundering from Unlawful Activities The primary federal money laundering statutes, 18 U. S. C. 1956 and 1957, prohibit various economic activities involving the proceeds of other federal crimes. Prohibited:

Domestic money laundering of the proceeds of these indicted crimes, called "specified unlawful activities."

International money laundering of criminal proceeds.

Using criminal proceeds to further further a crime. 339 ή

18 U.S.C. 1956. Money Laundering (text)

Making expenditures or deposits of criminal proceeds in excess of $10, 000. 340

The various offenses under 18 U. S. C. § 1030 are all money laundering offenses. 341 Directly or indirectly, these offenses aid in the prosecution of money laundering, as do many other crimes that may be involved whenever fraud under 1030(a)(4) is involved, namely credit card fraud (18 U. S. C. § 1029) and wire fraud (18 U. S. C. § 1343).

Financial transactions are broadly defined for money laundering purposes to include almost any potential transfer of wealth. 342 Financial transactions are defined to include almost any potential transfer of wealth, so long as they "affect, or the activity affects, interstate or foreign commerce in any manner or degree." "343 The proof required to satisfy this 'in any manner or degree' jurisdictional element has been characterized as 'de minimis,' 'minimum,' 'de minimis,' 'de minimis,' or 'incidental,' even after the Supreme Court noted that Congress's statutory authority under the Commerce Clause is not unlimited. 344 To establish 'facilitation,' the government need show little more than that the transaction was intended to further an illegal scheme, activity, or enterprise. 345 To convict a defendant of violating Section 1957, the government must prove that '(1) (the defendant) engaged in or attempted to engage in the promotion of at least $10, 000 worth of criminal property, (2) engaged in or attempted to engage in monetary transactions, and (3) knew that such property was derived from illegal activity.' 346

The class crimes ("specific torts") are the same as those in § 1956, 347 the concept of "money transaction" closely matches the concept of "financial transaction" in § 1956, 348 and the definition of money transaction includes the fairness element of the crime, namely that the transaction "affects interstate or foreign commerce," and does not require more than the minimal nexus required by § 1956. 349

State computer fraud statutes Although the evidence varies considerably, most states have clear prohibitions against computer fraud. 351

(a) Whoever (7) transmits in interstate or foreign commerce, with the intent to deprive money or other thing of value, a communication that contains:

(A) a threat to harm a protected computer;

(B) threatening to obtain information from a protected computer without authorization or with excessive authority, or compromising the confidentiality of information obtained from a protected computer without authorization or with excessive authority.

(C) demanding or soliciting money or anything of value in connection with damage to a protected computer, where such damage is caused in furtherance of extortion.

is punishable as provided in subsection (c) of this section.

State computer fraud statutes Although the evidence varies considerably, most states have clear prohibitions against computer fraud. 351

(a) Whoever (7) transmits in interstate or foreign commerce, with the intent to deprive money or other thing of value, a communication that contains:

The Department of Justice recommended that the law cover "situations in which criminals have already stolen information and are threatening to disclose it if it is not attributable" or "situations in which other criminals have first caused harm, such as accessing a company's computers without authorization and encrypting sensitive data, and then threatening not to fix the problem unless the victim pays up."353

1030 Section (a)(7) has a twofold power. First, a prosecution can only be successful if the threat or demand is transmitted in interstate or foreign commerce, and this element can be satisfied in intrastate commerce under certain circumstances. 354 Second, a conviction can only be obtained if the threat transmitted is directed to a protected computer, i. e., a computer used in or affecting interstate or foreign commerce, a computer used by the Federal Government, a computer used by, or for the benefit of, a financial institution. 355

Before the definition of "protected computer" was amended in 2001, Article 1030 (a) (7) applied to extortion intimidation that was launched abroad but turned into conconputa in the United States. The ban was expanded. 356 In 2001, the Federal Congress was protected for being used in stat e-o f-state or foreign trade, "located outside the United States, affecting versatile trade, foreign trade, or communication in the United States. 358 pointed out that it should be understood that it should be used in the way to give it. "358 questions arise is whether the parliament has the intention of excluding all other applications without any struggle by specifying the overseas application of this specific form. 359.

Article 1030 (a) (7) (a) prohibits the threat of "damage" to the computer, and the legislation is explained in a word that matches the general understanding of the word "damage". I am.

The new 1030 (a) (7) fills the gaps in the law and specifies penalties for transmission between the state or international transmission of intimidation of computers and computer systems. This is the target of the state or international transmission of the state, regardless of whether the mail, telephone, e-mail, or electronic message service has been threatened by computers, computer networks, computer data and programs. And. Illegal intimidation includes the problem, such as refusing the access of the permit user, deleting or damaging data and programs, slowing down computers and systems, encrypts data and demanding the key. Includes the normal movements of the computer and system in some way. 360

The American Patriot Act expanded the definition of damage to "all damage to" data, program, system, system, and information intability or availability ", and as a result, expanded the scope of this paragraph. did. 361 Before the definition of "protected computer" was amended in 2001, Article 1030 (a) (7) was a threat to blackmailed in a foreign country, which was launched abroad. The prohibition applied to was expanded. 356 In 2001, the Federal Congress was protected for being used in stat e-o f-state or foreign trade, "located outside the United States, affecting versatile trade, foreign trade, or communication in the United States. 358 pointed out that it should be understood that it should be used in the way to give it. "358 questions arise is whether the parliament has the intention of excluding all other applications without any struggle by specifying the overseas application of this specific form. 359.

Article 1030 (a) (7) (a) prohibits the threat of "damage" to the computer, and the legislation is explained in a word that matches the general understanding of the word "damage". I am.

The American Patriot Act expanded the definition of damage to "all damage to" data, program, system, system, and information intability or availability ", and as a result, expanded the scope of this paragraph. did. Before the definition of "protected computer" was amended in 3612001, Article 1030 (a) (7) was applied to extortion threats to be started abroad but to conquets in the United States. The ban was expanded. 356 In 2001, the Federal Congress was protected for being used in stat e-o f-state or foreign trade, "located outside the United States, affecting versatile trade, foreign trade, or communication in the United States. 358 pointed out that it should be understood that it should be used in the way to give it. "358 questions arise is whether the parliament has the intention of excluding all other applications without any struggle by specifying the overseas application of this specific form. 359.

Article 1030 (a) (7) (a) prohibits the threat of "damage" to the computer, and the legislation is explained in a word that matches the general understanding of the word "damage". I am.

Although politically charged rhetoric is not necessarily a genuine threat, a threat does not cease to be a threat because it is accidental, because the speaker does not intend or is unable to carry it out, because the threat is not directly addressed to the target, or because the language used is cryptic or ambiguous. 366 Whether a particular communication constitutes a threat is a matter to be determined by whether a reasonable person considering all the circumstances would consider the communication to be a threat. 367 Jurisdictional factors, such as transmission in interstate commerce, must be determined, 368 but the government need not show that the defendant knew that the threat was transmitted in interstate commerce. 369

Sections 1030(a)(7)(B) and (C) are different from ordinary threats. Subsection (B) deals with threats to violate the privacy of a computer or its data, not with threats of damage to that computer or its data. Subparagraph (C) addresses not the threat of future harm, but the threat of irreversible harm already caused if the extortion demand is not met.

The level of willfulness required for a violation of section 1030(a)(7) is different from that used in the fraud provisions of section 1030. Instead of requiring the crime to be committed "willfully and with intent to defraud," each crime in section 1030(a)(7) must be committed "with intent to defraud." Because the crime is only established if committed with the intent to extort, the section requires that the perpetrator intended to make the victim feel threatened. This avoids some of the uncertainty that plagues extortion charges. 370

The crime is punishable by imprisonment of not more than five years (not more than 10 years for a second or subsequent offense) and/or a fine of not more than $250, 000 (not more than $500, 000 for an organization). 371 In cases where damages exceed $5, 000 or other extenuating circumstances exist, the victim may assert the benefit of a civil action for damages available under section 1030(g). 372 The general fraud/damages guideline, U. S. S. G. §2B1. 1, applies to violations of section 1030(a)(7).

Property derived from or used in furtherance of a racketeering offense under section 1030(a)(7) is subject to forfeiture. 373 Violators may also be required to make restitution. 374 However, this offense is not considered a federal terrorism offense. 375 The general remarks regarding attempt, conspiracy, and aiding and abetting discussed with respect to other sections of 1030(a) apply here as well. Conspiring or conspiring to violate section 1030(a)(7) is a separate offense. 377 The same is true for conspiracies, but conspiracies prosecuted under the general conspiracy offense are punishable by up to five years in prison. 378 Whether a violation of section 1030(a)(7) is prosecutable under the Hobbs Act depends on the circumstances. The Hobbs Act (18 U. S. C. 1951) prohibits racketeering that affects commerce. Specifically, it provides that, among other things, “Whoever by coercion, attempt, or conspiracy in any manner or extent obstructs, delays, or affects commerce or the flow of any article or merchandise in commerce shall be fined by title or imprisoned for not more than 20 years, or both.”379 The government need only prove a minimal effect on interstate or foreign commerce to satisfy the jurisdictional elements of the Hobbs Act. 380

For purposes of the Hobbs Act, "'extortion' means taking property from another person, with that other person's consent, by the unreasonable use or threat of actual force, violence, or fear."381 "Under the theory of fear of economic harm, a private person may commit extortion by leading the victim to believe that the perpetrator can exercise power over the victim. 382

Personally, section 1030(a)(7) may seem to be nothing more than a more specific version of Hobbs. Whereas Hobbs generally prohibits the compulsory taking of property in a manner that affects interstate or foreign commerce, section 1030(a)(7) specifically prohibits the compulsory taking of property obtained in a manner that affects interstate or foreign commerce by threatening to damage computer systems or data.

Several federal statutes prohibit threats against "property" made with the intent to extort. These statutes include at least 18 U. S. C. §875 (threats transmitted in interstate commerce), 383 18 U. S. C. §876 (threatening communications), 384 18 U. S. C. §877 (mailing threatening communications from a foreign country), 385 and 18 U. S. C. §880 (receiving extortion proceeds). With the exception of §386, which requires proof of title, these are essentially identical. Each prohibits the transmission of threats that injure the recipient or the property of another person transmitted with the intent to extort. Each specifies "money or other thing of value" as the object of extortion and punishes offenders with imprisonment of up to two years and/or a fine of up to $250, 000. As noted above, courts have found great flexibility in the term "value" as used in federal criminal statutes, 387 but they are not infrequently divided on which intangibles can legally be considered "property" for purposes of federal criminal statutes. For example, in the context of mail and wire fraud, the Supreme Court held that earlier versions of these statutes did not extend to a scheme to defraud another intangible in the form of an honest public official (McNally) (Cleveland), but did extend to a scheme to fraudulently obtain a state license (Carpenter). 388 However, even in the most narrowly interpreted statutes, the data and other intangible assets in the computer cases seem more clearly analogous to Carpenter's "confidential information" property than to McNally's "honest public official" or Cleveland's "independent license" unissued license. 389

Section 1030 is a money laundering crime. Thus, a financial transaction involving computer-related racketeering proceeds in violation of 1030(a)(7) could support a prosecution under 18 U. S. C. 1956 or 1957. In addition, a violation of 1030(a)(7) could simultaneously violate one of its RICO sheep, such as the Hobbs Act (18 U. S. C. 875) (racketeering affecting interstate or foreign commerce), or the Travel Act (racketeering is a predicate act of travel), thereby increasing the likelihood of a RICO prosecution.

(a) (6) Any person who knowingly and with intent to defraud traffics in passwords (as defined in section 1029) or similar information providing unauthorized access to a computer, if (A) such trafficking affects interstate or foreign commerce, or (B) such computer is used by or for the United States Government, shall be punished as provided in subsection (c) of this section.

(b) Any person who attempts to commit a crime described in subsection (a) of this section shall be punished as provided in subsection (c).

Section 1030(a)(6) prohibits improper conduct similar to the access device prohibition in 18 U. S. C. § 1029. 392 Although limited, it has several distinct advantages. First, it targets government computer passwords more specifically than § 1029. Second, as a subordinate offense to § 1029, it provides the government with room to negotiate when it would otherwise be forced to sue or abandon § 1029. Third, it provides a means to discontinue the practice of publicly disclosing access to classified computer systems without incurring severe sanctions, so long as the misconduct does not continue. Fourth, it provides a basis for private enforcement through the civil liability provisions of § 1030(g) for misconduct that might be better treated by a court as a private wrong, although cases in which it is applied are rare. 393 The elements of the crime are:

Knowingly and with intent to defraud.

Trafficking in (i. e., "transferring or otherwise disposing of, or acquiring control with the intent to transfer or dispose of, to another person" (18 U. S. C. § 1029(e)(5)).

Computer passwords or similar computer keys

From a Federal computer or in a manner that affects interstate or foreign commerce.

Federal judicial rights exist when traffic affects state or foreign trade, or when 394 or password or key is on a computer used by the United States government. 395 As mentioned in other paragraphs and government computers, the protection of Article 1030 (a) (6) is covered by the computers of legislative and judicial prefectures, or is limited to administrative computers. It is unknown whether it is. This unclear accuracy is defined as the phrase "US ministry" is not used in Article 1030 (A) (6), including all three ministries and agencies. This is due to the use of this word to prove a specific crime. The explicit reference of the application of crimes that affect the trade in Article 1030 (E) (2) without a similar description of the cyber computer may cause further uncertainty. Is this omission overlooked, or was there an intention to suggest a restriction?

The intentional element is the same as the one used in Article 1030 (A) (4) (fraud) and the Credit Card fraud for the Credit Card fraud in Article 1029, Article 1029. 396 The expression used in the law of credit card fraud recognizes the perpetrators the natural result of their own acts (that is, the high possibility that someone is fraudulently fraudulent), and the results will occur. 397 means that it is intended (that is, that someone should be fraudulent).

In the case of the first offense, it is imprisoned for one year or less and a fine of $ 100, 000 or less ($ 200, 000 or less in the case of an organization). Subsequent violations are imposed on imprisonment of 10 years or less and / or less than $ 250. 000 (or less than $ 500. 000 for institutions). 398 General theft / Direct Damage Law (U. S. S. G. §2b1. 1) is a violation of Article 1030 (A) (6) (Trading Password), and Article 1030 (A) (4) and Article 1030 (A) (A). ) It is targeted for fraud and damage of (5).

Article 1030 (A) (6) The property that can be tracked from the profits and revenue of trafficking crimes that violate the crime is subject to confiscation. 399 When convicted, the defendant is ordered to return. 400 In addition, the offender is subject to the complaint calling for refund or cancellation. 401 Victims who have filed a lawsuit for losing more than $ 5, 000 due to a crime may include lost revenue, as well as damage assessment, correction measures, and precautionary measures. 402

In cases involving §1030(a)(6), the generally applicable provisions regarding attempt, conspiracy, and complicity apply equally. In federal law, §1030(a)(6) appears to have few parallel provisions, except for the prohibition on the sale of access devices (credit card fraud) in 18 U. S. C. §1029(a)(2)403 and the wire fraud provisions in 18 U. S. C. §1343. 404

The offenses under §1030(a)(6), including those under §1030(a)(6), are essentially money laundering offenses. 405 However, §1030(a)(6) is not a predicate offense for RICO. 406 However, conduct violating section 1030(a)(6) may give rise to RICO prosecution if (1) the proceeds of crime are laundered in violation of the money laundering provisions or (2) the conduct violating section 1030(a)(6) also constitutes a violation of the access device or wire fraud provisions of section 1029, or both. Although computer password brokering may not be the basis for the creation of a large criminal enterprise, violations of section 1030(a)(6) may be part of a pattern of criminal activity used, along with other crimes, to operate such an enterprise. 407

(a) (1) Any person who knowingly accesses a computer without authorization or beyond authorized access and, through such conduct, obtains information that the United States Government, pursuant to Executive Order or statute, has determined must be protected from unauthorized disclosure for national defense or foreign policy purposes, or restricted data as defined in subsection y of section 1 of the Individual Action Act of 1954, which he has reason to believe is such information.

(b) Any person who attempts to commit a crime described in subsection (a) of this section shall be subject to the penalties provided in subsection (c) of this section.

Article 1030 (a) (1) basically tracks the existing Federal Spy Law (Article 18 of the United States Law Article 793, Article 794, Article 798), and the United States Defense and Welfare. The disclosure of information that may be harmful is prohibited. 408 This clause was enacted as part of the original law, and was revised mainly to more strictly monitoring other spy prevention laws. The feature of Article 409 1030 (a) (1) is that the elements of spy and computers are integrated. 410 It is a simplified component that prevents any of the following.

Discover intentionally, try to disclose intentionally, do not return intentionally.

Confidential information about national defense, diplomatic relations, and personal energy

If the information may be used to harm the United States, or if you believe that it may be used to make a foreign country.

When information is obtained by unauthorized access to a computer.

The federal government is the constitution of the constitution. The federal government enjoys only the authority given by the Constitution. The 411 Penal Code is primarily in the state, so whether the Federal Penal Code is effective depends on whether the constitution is clearly associated with the power of concessions to the state government. 412 In Article 1030 (A), most of the most, for example, the exercise of parliamentary authority to enact laws that regulate the transaction between the state and foreign countries. 413 On the other hand, Article 1030 (A) (1) has a focus on national defense and diplomatic relations, so it is unnecessary to connect the jurisdiction with the stat e-o f-state and foreign trade.

Article 1030 (A) (1) The mental state of paragraphs violations is associated with the violation of Article 1030 (A). Criminals have a reason to believe that they may be used to harm the United States or to use them to benefit (3) to a computer that knows that they have no authority to access. The information obtained through access must be intentionally transmitted or retained. 415 Article 1030 (a) (1) is basically tracked in the existing Federal Spy Law (Article 18 of the United States Code, Article 793, Article 794, Article 798) and the United States. The disclosure of information that may harm national defense and welfare is prohibited. 408 This clause was enacted as part of the original law, and was revised mainly to more strictly monitoring other spy prevention laws. The feature of Article 409 1030 (a) (1) is that the elements of spy and computers are integrated. 410 It is a simplified component that prevents any of the following.

Discover intentionally, try to disclose intentionally, do not return intentionally.

Confidential information about national defense, diplomatic relations, and personal energy

If the information may be used to harm the United States, or if you believe that it may be used to make a foreign country.

When information is obtained by unauthorized access to a computer.

Article 1030 (A) (1) The mental state of paragraphs violations is associated with the violation of Article 1030 (A). Criminals have a reason to believe that they may be used to harm the United States or to use them to benefit (3) to a computer that knows that they have no authority to access. The information obtained through access must be intentionally transmitted or retained. 415 Article 1030 (A) (1) basically tracks the existing Federal Spy Law (Article 18 of the United States Code Article 793, Article 794, Article 798), and is a national defense and welfare in the United States. Prohibits disclosure of information that may be harmful. 408 This clause was enacted as part of the original law, and was revised mainly to more strictly monitoring other spy prevention laws. The feature of Article 409 1030 (a) (1) is that the elements of spy and computers are integrated. 410 It is a simplified component that prevents any of the following.

Discover intentionally, try to disclose intentionally, do not return intentionally.

Confidential information about national defense, diplomatic relations, and personal energy

If the information may be used to harm the United States, or if you believe that it may be used to make a foreign country.

When information is obtained by unauthorized access to a computer.

Violations are punishable by imprisonment of not more than 10 years (not more than 20 years for a second or subsequent offense) and/or a fine of $250, 000 (not more than $500, 000 for an organization). The 416 General Intelligence Sentencing Guidelines (U. S. S. G. §2m3. 2) apply to violations of subsection (a)(1) and require a base offense level of 30 (initial sentencing range of 8 years imprisonment) or 35 (initial sentencing range of 14 years imprisonment) if top secret information is involved. Violations of section 1030(a)(1) are federal terrorism offenses. Thus, if the violation is committed with terrorist intent, the minimum sentence is 32, the criminal history category is VI, and the sentencing range begins at 17 years and 5 years imprisonment (24 years and 33 months imprisonment if top secret information is involved). 419

Because § 1030(a)(1) is a federal terrorism crime, 420

the applicable sentencing regime is eight years instead of five years. 421

Pretrial detention for defendants charged with violations of § 1030(a)(1) is presumptive. 422

And the denunciation brings a life-supervising perspective from the principle of trial. 423

18 U.S.C. 1961(1). RICO Predicate Offenses (text)

A violation of § 1030(a)(1) is a basis for an enhanced conviction or additional charges when committed in conjunction with crimes such as:

aggravated identity theft; 424

rico. 425

money laundering;

maritime transportation of terrorists; 427

material support to a terrorist organization. 428

In addition, proceeds derived from the espionage crime of § 1030(a)(1) and personal property, such as computers, used to facilitate the crime are subject to forfeiture. 429 Upon conviction, a defendant may be ordered to pay restitution. 430 Offenders may also be subject to a cause of action seeking restitution or injunctive relief. 431

The general views of attempted, conspiracy, and assisting in the other sections of Article 1030 (a) are also applied here. Opening to Article 1030 (A) (7) is another crime. 432 A person who plans or assists another violation is subject to the same punishment as those who have committed a substantial crime. 433 The same is true for conspiracy, as long as Article 1030 (B) is not charged based on general conspiracy. The conviction based on the General Conspiracy Corporation is in the forbidden sentence of less than five years, regardless of the basic crime, as long as the basic crime is a felony. 434

18 U.S.C. 2332b(g)(5)(B). Federal Crimes of Terrorism (text)

It is not often prosecuted by spy. In addition, it seems that the case accused based on Article 1030 (A) (1) has been reported. However, Article 1030 (A) (1) and the Spy Activity Law are duplicated, and the case accused based on Article 1030 (a) (1) is based on one or more spy activity methods. You may be prosecuted. In fact, "the only reported" spy activity "incident, including computers, is not §1030 (a) (1), but rather a much older, a law regulations before electronic spy activity, §793. "" 435.

Three spy activity methods are common in specific situations. Generally, these laws include the collection of national defense information, dissemination (Article 18 of the United States Law Collection, Article 793), the collection of national defense information for foreign countries (Article 18 of the United States Law Collection Article 794), and the government. The disclosure of confidential information about the cipher or communication information (Article 18 of the United States Law Collection 18) is prohibited.

As already mentioned, Article 18 of the United States Law Collection Article 183 (e) is a general twin in Article 1030 (a) (1), but Article 793 Article 1030 (a). There are many other provisions that can provide enough factors to prove criminal liability based on (1). Article 793 stipulates six clear crimes:

Invasion of military facilities to collect national defense information, 436

Copy of documents including national defense information 437

Illegal receipt of national defense 438

Illegal wandering distribution of national defense information by legal storage people 439

Footnotes

Unauthorized possession of national defense information, 440 and

Loss of national defense information due to negligence 441 1030 (a), general views on attempted, conspiracy, and assistance, described in other sections. Opening to Article 1030 (A) (7) is another crime. 432 A person who plans or assists another violation is subject to the same punishment as those who have committed a substantial crime. 433 The same is true for conspiracy, as long as Article 1030 (B) is not charged based on general conspiracy. The conviction based on the General Conspiracy Corporation is in the forbidden sentence of less than five years, regardless of the basic crime, as long as the basic crime is a felony. 434

Invasion of military facilities to collect national defense information, 436

Copy of documents including national defense information 437

Illegal receipt of national defense 438

Illegal wandering distribution of national defense information by legal storage people 439

Unauthorized possession of national defense information, 440 and

Loss of national defense information due to negligence 4411030 (A), a general view of attempted, conspiracy, and assistance, described in other sections. Opening to Article 1030 (A) (7) is another crime. 432 A person who plans or assists another violation is subject to the same punishment as those who have committed a substantial crime. 433 The same is true for conspiracy, as long as Article 1030 (B) is not charged based on general conspiracy. The conviction based on the General Conspiracy Corporation is in the forbidden sentence of less than five years, regardless of the basic crime, as long as the basic crime is a felony. 434

Invasion of military facilities to collect national defense information, 436

Copy of documents including national defense information 437

Illegal receipt of national defense 438

Illegal wandering distribution of national defense information by legal storage people 439

Unauthorized possession of national defense information, 440 and

Loss of national defense information due to negligence 441

That is, the forbidden sentence of 10 years or less (20 years or less in the case of cumulative criminals), or / or less than $ 250, 000 ($ 500, 000 or less in the case of tissue), 442 and the confiscation of products derived from crime. 。 443

Article 794 shows a crime prohibited in Article 793, if the same crime is collected or damages to the United States, especially if the crime is performed during the war. It will be a substantially strict penalty for 444 elephants. 445 The conspirators are also subject to the same penalties, and are used to promote violations or to promote violations, and 446 property is confiscated. 447

Article 798 protects military and diplomatic norms and violations of government norms. The article prohibits illegal dissolution of communication information and confidential information related to government cipher. 448 violations are imprisoned for 10 years or less and a fine of $ 250. 000 or less. 450

The ban on economic spies, the 1831 of the United States Law, 1831, and illegally stolen, replace, or hold the corporate secrets for the interests of foreign entities, or try or conspiracy. 451 criminals are prison for 15 years or less and a fine of $ 5 million or less than the fines recognized by most of their welcomes (in the case of tissue or less or more than the value of the stolen corporate secret ) 452 , that is, a forbidden sentence of 10 years or less (20 years or less in the case of a cumulative criminal), a fine of $ 250, 000 or less (less than $ 500, 000 in the case of an organization), 442 and products derived from crime. It is confiscation of. 443

The ban on economic spies, the 1831 of the United States Law, 1831, and illegally stolen, replace, or hold the corporate secrets for the interests of foreign entities, or try or conspiracy. 451 criminals are prison for 15 years or less and a fine of $ 5 million or less than the fines recognized by most of their welcomes (in the case of tissue or less or more than the value of the stolen corporate secret ) 452, that is, for prohibition sentence (20 years or less in the case of cumulative criminals), and a fine of $ 250, 000 ($ 500, 000 or less in the case of an organization), 442, and the disposal of products derived from crime. be. 443

(1) Intentionally accessed to computers beyond or unauthorized or permitted access authority, and through such an act, the US government has been based on the Presidential Ordinance or law for the purpose of national defense or diplomatic relations. There is a reason to obtain information determined that it is necessary to protect from the disclosure of permission, or to obtain restricted data defined in Article 11 of the 1954 Japan Power Act, and believe that such information is obtained. case.

(2) Intentionally access to the computer or access it beyond the permitted access authority, and gets information by it;

(A) Title 15, Consumer for consumers defined in the financial institution or card issuing company's financial records, or consumers defined in the Fair Credit Reporting Law (15 U. S. C. 1681 et Seq.) Information included in the record of the person's reporting agency.

(B) Information from US ministries and agencies.

(3) Intentionally accessing a US ministries and agencies private computer without authority, accessing the computers of the ministries for the use of the U. S. government only, or relevant. In the case of computers that are not intended for use only, it is used by the US government and affects the use of the US government or for the US government.

(4) Intentionally, with the intention of fraud, access to protected computers unauthorized or accessible beyond the permitted access, promotes intended fraud through such an act, and is worth it. If you get it. However, unless the purpose of the scam and the acquisition of the scam consist only of the use of the computer, and the value of such use does not exceed $ 5, 000 a year. (1) Intentionally accessed a computer beyond the permission or licensed access authority, and through such an act, the U. S. government is based on the presidential decree or law, and for the purpose of national defense or diplomatic relations. We believe that information determined that it is necessary to protect from the disclosure of unauthorized permission, or a restricted data defined in Article 11 of the 1954 Japan Power Act, and believe that such information will be obtained. If there is a reason.

(2) Intentionally access to the computer or access it beyond the permitted access authority, and gets information by it;

(B) Information from US ministries and agencies.

(4) Intentionally, with the intention of fraud, access to protected computers unauthorized or accessible beyond the permitted access, promotes intended fraud through such an act, and is worth it. If you get it. However, unless the purpose of the scam and the acquisition of the scam consist only of the use of the computer, and the value of such use does not exceed $ 5, 000 a year. (1) Intentionally accessed to computers beyond or unauthorized or permitted access authority, and through such an act, the US government has been based on the Presidential Ordinance or law for the purpose of national defense or diplomatic relations. There is a reason to obtain information determined that it is necessary to protect from the disclosure of permission, or to obtain restricted data defined in Article 11 of the 1954 Japan Power Act, and believe that such information is obtained. case.

(2) Intentionally access to the computer or access it beyond the permitted access authority, and gets information by it;

(B) Information from US ministries and agencies.

(5) (a) Acts that intentionally send programs, information, code or instructions, and consequently, causing the protected computer intentionally causes illegal damage.

(B) When the computers are intentionally protected without permission, and as a result, it is recklessly damaged. lingering

(6) In the following cases, transaction of passwords or similar information that can be accessed unauthorized to computers with intentional and intentions of fraud (defined in Article 1029).

(A) When such transactions affect inte r-state business or foreign commercial transactions.

(B) When the computer is used by the United States government or for the United States government.

(7) Send communication containing the following contents by provisional trade or foreign trade for the purpose of forcing money or other worth of money from some people:

(A) Threat to damage protected computers.

(B) Infusion of information obtained from protected computers without permission or beyond the authority to obtain information from protected computers, or without permission or beyond the approved access. Do it.

(C) When the damages are requested or requested in connection with the damages to the protected computer, the damage has been caused to facilitate blackmail.

Is a punishment prescribed in paragraph (C) paragraphs (c).

(b) Those who assemble or commit crimes based on paragraphs (a) of this Article are punished as specified in paragraphs (C) in paragraphs of this Article.

(1) (1) For other crimes based on this section (a) (1), other crimes based on this section or those who have not been convicted of the attempted crime punished under this section, A fine based on this issue or a penalty for 10 years or less, both.

(B) If a crime based on paragraphs (1), paragraph (1) occurs after being convicted of another crime based on this section, or attempted to be punished in this section. A fine based on this issue or a penalty for 20 years or less, or both; (5) (a) Intentionally sent programs, information, code or instructions, and as a result, the protected computer is intentionally fraudulent. Acts that cause damage.

(B) When the computers are intentionally protected without permission, and as a result, it is recklessly damaged. lingering

(6) In the following cases, transaction of passwords or similar information that can be accessed unauthorized to computers with intentional and intentions of fraud (defined in Article 1029).

(A) When such transactions affect inte r-state business or foreign commercial transactions.

(B) When the computer is used by the United States government or for the United States government.

(7) Send communication containing the following contents by provisional trade or foreign trade for the purpose of forcing money or other worth of money from some people:

(A) Threat to damage protected computers.

(C) When the damages are requested or requested in connection with the damages to the protected computer, the damage has been caused to facilitate blackmail.

Is a punishment prescribed in paragraph (C) paragraphs (c).

(b) Those who assemble or commit crimes based on paragraphs (a) of this Article are punished as specified in paragraphs (C) in paragraphs of this Article.

(B) If a crime based on paragraphs (1), paragraph (1) occurs after being convicted of another crime based on this section, or attempted to be punished in this section. A fine based on this issue or a penalty for 20 years or less, or both; (5) (a) intentionally sends programs, information, code or instructions, and consequently causes the protected computer intentionally damages. Act.

(B) When the computers are intentionally protected without permission, and as a result, it is recklessly damaged. lingering

(6) In the following cases, transaction of passwords or similar information that can be accessed unauthorized to computers with intentional and intentions of fraud (defined in Article 1029).

(A) When such transactions affect inte r-state business or foreign commercial transactions.

(B) When the computer is used by the United States government or for the United States government.

(7) Send communication containing the following contents by provisional trade or foreign trade for the purpose of forcing money or other worth of money from some people:

(A) Threat to damage protected computers.

(C) When the damages are requested or requested in connection with the damages to the protected computer, the damage has been caused to facilitate blackmail.

Is a punishment prescribed in paragraph (C) paragraphs (c).

(b) Those who assemble or commit crimes based on paragraphs (a) of this Article are punished as specified in paragraphs (C) in paragraphs of this Article.

Except in the case of (2) (a) (b), this Article is a violation based on paragraphs (A), (A), or (a) (a) paragraphs (6). If not after being convicted of other violations based on or attempted to be punished based on this Article, fines based on this issue or forbidden to one year or less;

(B) In the following cases, a crime based on paragraphs (a) (2), or an attempted crime punished based on this section, a fine or both imprisonment or both of the penalty based on this item.

(i) When the crime is made for the purpose of commercial or private interest.

(II) When the crime has been carried out to promote crimes or torticities that violate the United States Constitution or the United States or State Law.

(III) When the value of the obtained information exceeds $ 5, 000.

(C) Attempted crimes that are punished based on this Article or a crime based on this Article (a), paragraphs (A), (3), or (a), or (6). In the case of a convicted ruling, a fine based on this title or a penalty for 10 years or less, both.

(3) In violations based on (A) (a) (a) paragraph (4) or (a) paragraph (A) (7), convicted of other violations based on this section or by attempted violation of the punishment based on this section. If not after receiving it, fines based on this issue or imprisonment for 5 years or less, both.

(B) In violations based on paragraphs (4) or paragraphs (A) (7), this Article (b) were convicted of other violations based on this section or the attempted violation of the punishment based on this section. If it occurs later, a fine based on this issue or both imprisonment for 10 years or less;

(4) Except in the case of (A) (e) No. (e) and (F) (F), a fine based on this Article, a forbidden sentence of 5 years or less, or both:

(i) If a crime based on paragraphs (5) (b) did not occur after the conviction of other crimes based on this Article, and the crime is the case (if attempted). If it is completed, if it is the cause);

(I) Losses of one or more individuals in one year (related to one or more protection computers for investigation, prosecution, or other litigation procedures raised by the United States) Unless the cumulative value is defined in the case of a loss caused by the act), unless specified in (A) (b), (A), (2), (2), (2) A) If it is not a violation based on section (3) or (a) section (6), if it is not convicted of a violation based on this Article or an attempted violation of the violation based on this Article, in this item. Based fine or one year or less declaration, or both;

(B) In the following cases, a crime based on paragraphs (a) (2), or an attempted crime punished based on this section, a fine or both imprisonment or both of the penalty based on this item.

(i) When the crime is made for the purpose of commercial or private interest.

(II) When the crime has been carried out to promote crimes or torticities that violate the United States Constitution or the United States or State Law.

(III) When the value of the obtained information exceeds $ 5, 000.

(4) Except in the case of (A) (e) No. (e) and (F) (F), a fine based on this Article, a forbidden sentence of 5 years or less, or both:

(i) If a crime based on paragraphs (5) (b) did not occur after the conviction of other crimes based on this Article, and the crime is the case (if attempted). If it is completed, if it is the cause);

(I) Losses of one or more individuals in one year (related to one or more protection computers for investigation, prosecution, or other litigation procedures raised by the United States) Unless the cumulative value is defined in the case of a loss caused by the act), unless specified in (2) (a) (b), paragraphs (2), (a) paragraphs, unless it is specified in (2) (a) (b). If it is not a violation based on (3) or (a) paragraphs (6), if it is not convicted of other violations based on this Article, or attempted to be punished under this Article, a fine or a fine based on this issue. Ban sentence of less than one year or both;

(B) In the following cases, a crime based on paragraphs (a) (2), or an attempted crime punished based on this section, a fine or both imprisonment or both of the penalty based on this item.

(i) When the crime is made for the purpose of commercial or private interest.

(II) When the crime has been carried out to promote crimes or torticities that violate the United States Constitution or the United States or State Law.

(III) When the value of the obtained information exceeds $ 5, 000.

(4) Except in the case of (A) (e) No. (e) and (F) (F), a fine based on this Article, a forbidden sentence of 5 years or less, or both:

(i) If a crime based on paragraphs (5) (b) did not occur after the conviction of other crimes based on this Article, and the crime is the case (if attempted). If it is completed, if it is the cause);

(II) Possibility of consultation, diagnosis, treatment or care change or disability or disability of one person or multiple people;

(III) To harm any number of people.

(IV) Publi c-minded hygien or threat to safety.

(V) Damages that affect computers used by US government organizations or for their organizations to promote the judicial administration, national defense, or national security.

(VI) Damage that affected more than 10 protection computers a year. lingering

(II) Attempted a crime punished by this rule.

Except in the case of (b) (e) and (f), (F), in the following cases, fines based on this Article, 10 years or less, or both.

(i) In violations based on (a) paragraphs (5) (a), not after being convicted of other violations based on this Article, the violation is in paragraph (a) (i). When (i) causes the obstacle prescribed from (I) to (VI) (or if it is attempted, it is completed when completed).

(II) Attempted a crime punished by the clause.

Except in the case (c) (e) paragraphs and (F) sections, in the following cases, a fine based on this title, a forbidden penalty for more than 20 years, or both.

(i) Crime based on (a) or (b) of (A) (5) or (B) in the (A) verification (A) or (b) that occurred after being convicted of another crime based on this Article.

(II) Attempted the crime punished based on this section.

(D) In the following cases, fines based on this Article, 10 years or less, or both.

(i) When violations or attempts based on paragraphs (5) (c) occur after being convicted of other violations based on this section.

(II) If you try to commit crimes punished under your own territory.

(E) If a violator tries to cause severe physical injury by violating paragraphs (5) (a), or if it is intentionally or recklessly, a fine based on this Article. , 20 years or less or both.

(F) If a violator tries to cause death due to an act that violates paragraphs (A) (5) (a), or if it is intentionally or recklessly, a fine or survivor based on this Agreement Or life imprisonment or both. lingering

(G) In the following cases, fines based on this title, penalty for one year or less, or both.

(i) Other crimes based on (a) paragraphs (5).

(II) Attempted a crime punished in this issue.

(D) (1) The US Secret Service has the authority to investigate crimes based on this section in addition to other institutions with such authority. (2) The Federal Investigation Bureau is information protected by unauthorized disclosure for spy activity, foreign or diplomatic purposes, regarding crimes based on (a) (1). The terms related to the investigation shall have the primary authority of the investigation regarding the case related to the case related to the 1954 Japan Power Law (42 U. S. C. 2014 (Y)). However, excluding crimes that affect the US information function based on Article 3056 (a) of this title. Such a authority shall be exercised in accordance with the agreement concluded by the Secretary of the Finance and the Bagot.

(e) Used in this section.

(1) The "electronic calculator" is an electronic, magnetic, optical, electrochemical or other hig h-speed data processing device that executes logic, calculation or memory function directly. Includes data memory equipment or communication equipment that operates with the device, but does not include an automatic typewriter or typewriter, a portable computer, or a similar device.

(2) "Protected computer" refers to the following computer.

(A) In the case of a computer that is used exclusively for the use of financial institutions or the United States government, or a computer that is not exclusively used for such use, the use of a financial institution or the United States government is used by a financial institution or a crime. A computer affected by the use by the United States government.

(B) Those that are used for or affect transactions or communications between foreign or foreign countries (those that are outside the United States, are used in a way that affects the US or foreign trade or communication. Including).

(3) The term "state" includes the Colombia Special Zone, the Puertrico Federation, and other federation, or territory in the United States.

(4) "Financial institution" means the following.

(A) A financial institution with deposit insurance by Federal Deposit Insurance Corporation.

(B) Members of the US Federal Reserve Bank or the Federal Reserve Bank, including the Federal Reserve Bank.

(D) Members of the Federal Housing Bank System and the Federal Housing Lending Bank.

(E) an institution of the Farm Credit System under the Farm Credit Act of 1971;

(F) a broker-dealer registered with the Securities and Exchange Commission under Section 15 of the Securities Exchange Act of 1934;

(G) a securities investor protection company;

(H) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978);

(I) an institution operating under Section 25 or Section 25(a) of the Federal Reserve Act;

(5) The term "financial record" means information derived from records held by a financial institution that relate to the relationship between the financial institution and its customers;

(6) "Exceeding authorized access" means gaining authorized access to a computer and using that access to obtain or modify information on the computer that the person gaining access is not authorized to obtain or modify. (7) "United States department" means the legislative or judicial department of the government, or one of the executive departments enumerated in section 101 of title 5;

(8) "damage" means damage to the integrity or availability of data, programs, systems, or information;

(9) "government agency" includes the United States Government, any state or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country;

(10) "conviction" includes conviction under the laws of any country for a crime punishable by imprisonment for one year or more, the elements of which exceed unauthorized or authorized access to a computer;

(11) "loss" means reasonable costs to victims, including costs of responding to the crime, conducting a damage assessment, and restoring data, programs, systems, or information to their pre-crime state, and revenues lost, expenses incurred, or other consequential damages due to interruption of services;

(12) "person" means an individual, business, corporation, educational institution, financial institution, government agency, or corporation or other entity.

(f) This section does not prohibit any law enforcement agency of the United States, any State or political subdivision of a State, or any intelligence agency of the United States from engaging in lawfully authorized investigative, protective, or intelligence activities.

(g) Any person who suffers damage or loss as a result of a violation of this section may bring a civil action against the violator to obtain damages and injunctive or other equitable relief. A civil action for a violation of this section may be brought only if the violation is accompanied by any of the acts enumerated in subparagraph (I), (II), (III), (IV), or (V) of subparagraph (c). (4)(A)(i). Damages for a violation that includes only acts described in subparagraph (c)(4)(A)(i)(I) shall be limited to economic damages. An action may not be brought under this section unless it is commenced within 2 years after the date of the act complained of or the date the damage was discovered. An action may not be brought under this section for negligence in the design or manufacture of hardware, computer software, or firmware.

(h) The Attorney General and the Secretary of the Treasury shall report annually to Congress on investigations and prosecutions under subparagraph (a)(5) for the first 3 years following the date of the enactment of this section.

(i) (1) In imposing a sentence on a person convicted of a violation of this section or of a conspiracy to violate this section, the court shall, in addition to any other sentence imposed, and notwithstanding any provision of State law, order the forfeiture to the United States of:

(A) any interest of such person in any personal property used or intended to be used in the commission or furtherance of such violation;

(B) any real or personal property consisting of or derived from the proceeds obtained by such person, directly or indirectly, as a result of such violation.

(2) The criminal forfeiture of property under this section, its seizure, and its disposal, and any judicial proceedings relating thereto, shall be governed by the provisions of section 413 of the Drug Abuse Prevention and Control Act of 1970 (21 U. S. C. 853), except for subsection (d) thereof. (j) For purposes of subsection (i), the following shall be subject to forfeiture to the United States without title:

(1) Personal property used or intended to be used in the commission or furtherance of a violation of this section or a conspiracy to violate this section.

(2) Any property, whether real or personal, that constitutes or is derived from proceeds traceable to a violation of this section or a conspiracy to violate this section.

(a) (1) Any person who, knowing that the property involved in the financial transaction is the proceeds of any unlawful activity, actually enters into or attempts to enter into a financial transaction involving the proceeds of a specified unlawful activity

(1) Personal property used or intended to be used in the commission or furtherance of a violation of this section or a conspiracy to violate this section.

(B) knowing that the transaction is intended, in whole or in part:

(ii) to evade transaction reporting requirements under State or Federal law;

(2) Any person who transfers, transmits, or conveys, or attempts to transfer, transmit, or convey, money or funds from a place in the United States to or through a place outside the United States, or from a place outside the United States to or through a place outside the United States;

(A) with the intent to facilitate the commission of a specified tort, or

(B) with knowledge that the money or funds involved in the transfer, transmission, or conveyance are the proceeds of any tort and that the transfer, transmission, or conveyance was planned in whole or in part;

(i) Concealing or disguising the nature, location, source, ownership, or control of the proceeds of a specified tort.

(ii) to evade transaction reporting requirements under state or federal law;

(c) Any person who commits or attempts to commit a financial transaction involving property represented as the product of a specified unlawful activity or property used in the commission or promotion of a specified unlawful activity, in order to evade a transaction reporting requirement under State or Federal law, shall be punished by a fine of not more than $500, 000 or twice the value of the monetary instruments or funds involved in the transfer, transmission, or transfer, whichever is greater, or by imprisonment for not more than 20 years, or by both. For the offenses described in subparagraph (B), knowledge of the defendant may be established by proving that a law enforcement officer represented a matter described in subparagraph (B) as true and that the defendant's subsequent statements or conduct indicate that the defendant believed such representation to be true.

(3) Any person who, with the intent to:

(A) facilitate the commission of a specified unlawful activity;

(B) conceal or disguise the nature, location, origin, ownership, or control of property that is represented as the product of a specified unlawful activity;

(C) engages in or attempts to engage in a financial transaction involving property represented as the product of a specified unlawful activity or property used in the commission or promotion of a specified unlawful activity, in order to evade a transaction reporting requirement under State or Federal law, shall be punished by a fine under this title, or by imprisonment for not more than 20 years, or by both. In this section and in paragraph (2), "presented" means a presentation made by a law enforcement officer or other person under the direction or authorization of a Federal official authorized to investigate or prosecute a violation of this section.

(1) In general.--Any person who makes or attempts to make a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transfer, transmission, or communication described in subsection (a)(2), is subject to a civil penalty in the United States not to exceed the greater of:

(A) the value of the property, funds, or currency involved in the transaction, or

(2) Jurisdiction over foreign persons.--For the purposes of enforcement of a judgment or penalty in an action brought under this section, a district court has jurisdiction over a foreign person against whom an action is brought, including a financial institution chartered under the law of the foreign country, if service of process on the foreign person has been made in accordance with the Federal Rules of Civil Procedure or the law of the country in which the foreign person is located.

(A) When the foreigner commits a crime associated with financial transactions generated in the United States based on (a) paragraphs;

(B) When the foreigner converts the property that the United States has owned rights for its own use by the launch of a seizure warrant by a court in the United States.

(C) If a foreigner is a financial institution that maintains a bank account in a financial institution in the United States.

(3) Judicial authority for property-Court issues a pre-trial restraint order to ensure that the defendant can use the defendant's bank account or other property to meet the ruling based on this Article. You can take other necessary other measures.

(4) Federal trustee

(4) Except in the case of (A) (e) No. (e) and (F) (F), a fine based on this Article, a forbidden sentence of 5 years or less, or both:

(B) Director and authority-The federal trustee prescribed in paragraph (a) shall be appointed by the following application.

(i) The Federal Prosecutor or the Federal Regulatory Authority may be appointed by a court in charge of the defendant in the case.

(II) A court officer, and the authority of the federal trustee includes the authority prescribed in Article 754 of the United States Code 28. and

(III) In order to obtain information about the defendant's assets, they have the same authority as the Federal prosecutor.

(I) The Ministry of Finance's financial criminal offering network.

(II) Foreign requests based on mutual law support treaties, multilateral agreements, and other arrangements for international law enforcement support) )

(c) In this section, it is used as follows. (a) When the foreigner commits a crime with financial transactions generated in the United States based on paragraphs (a);

(B) When the foreigner converts the property that the United States has owned rights for its own use by the launch of a seizure warrant by a court in the United States.

(C) If a foreigner is a financial institution that maintains a bank account in a financial institution in the United States.

(4) Federal trustee

(A) Generally. -The court may appoint a federal loin to collect, enumerate, manage, and manage all the defendants in the location where the defendant is located in accordance with paragraph (b). In order to meet the civil judgment based on this section, the confiscation order based on Article 981 or Article 982, or the criminal penalty based on Article 1957 or this section (A) (including the return order to the victims of specified tort). 。

(B) Director and authority-The federal trustee prescribed in paragraph (a) shall be appointed by the following application.

(i) The Federal Prosecutor or the Federal Regulatory Authority may be appointed by a court in charge of the defendant in the case.

(II) A court officer, and the authority of the federal trustee includes the authority prescribed in Article 754 of the United States Code 28. and

(III) In order to obtain information about the defendant's assets, they have the same authority as the Federal prosecutor.

(I) The Ministry of Finance's financial criminal offering network.

(II) Foreign requests based on mutual law support treaties, multilateral agreements, and other arrangements for international law enforcement support) )

(c) In this section, it is used as follows. (A) When the foreigner commits a crime associated with financial transactions generated in the United States based on (a) paragraphs;

(B) When the foreigner converts the property that the United States has owned rights for its own use by the launch of a seizure warrant by a court in the United States.

(C) If a foreigner is a financial institution that maintains a bank account in a financial institution in the United States.

(4) Federal trustee

(B) Director and authority-The federal trustee prescribed in paragraph (a) shall be appointed by the following application.

(i) The Federal Prosecutor or the Federal Regulatory Authority may be appointed by a court in charge of the defendant in the case.

(II) A court officer, and the authority of the federal trustee includes the authority prescribed in Article 754 of the United States Code 28. and

(III) In order to obtain information about the defendant's assets, they have the same authority as the Federal prosecutor.

(I) The Ministry of Finance's financial criminal offering network.

(II) Foreign requests based on mutual law support treaties, multilateral agreements, and other arrangements for international law enforcement support) )

(1) "Knowing that property in a financial transaction is the proceeds of any illegal activity" means knowing that property in the transaction is the proceeds of any form of activity, regardless of the form, that is a felony under state, federal, or foreign law, whether or not the activity is described in subsection (7).

(2) The term "activity" includes initiating, completing, or participating in initiating or completing a transaction;

(3) The term "transaction" includes purchase, sale, loan, commitment, gift, assignment, delivery, or other disposition, and with respect to a financial institution, includes an advance, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of stocks, bonds, certificates of deposit, or other monetary instruments, use of a safe deposit box, or other payment, transfer, or delivery through or to a financial institution.

(4) "Financial transaction" means (a) any transaction affecting interstate or foreign commerce in any manner or to any extent, (i) any transaction involving the movement of funds by wire or other means, or (ii) any transaction involving one or more financial instruments, or (iii) any transaction involving the transfer of ownership of real property, vehicles, vessels, or aircraft, or (b) any transaction involving the use of a financial institution engaged in or affecting, in any manner or to any extent, interstate or foreign commerce.

(5) "Financial instrument" means (i) any currency of the United States or any other country, traveler's check, personal check, bank check, or money order, or (ii) any investment security or negotiable instrument in bearer form or in any form that transfers such security upon delivery.

(6) The term "financial institution" includes:

(A) any financial institution as defined in section 5312(a)(2) of title 31, United States Code, or regulations promulgated thereunder.

(B) a foreign bank as defined in section 1 of the International Banking Act of 1978 (12 U. S. C. 3101).

(7) "Specified unlawful activity" means:

(A) any act or activity that constitutes a crime referred to in section 1961(1) of this title, other than any act implied under chapter II of chapter 53 of title 31;

(B) A crime against foreign countries, the following participants, regarding financial transactions that have all or part in the United States.

(i) Manufacture, import, sales, or distribution of regulated drugs (this term is defined in the Regulatory Drug Law).

(II) murder, kidnapping, robbery, blackmail, explosive or fire, or violent crime (defined in Article 16).

(III) Foreign Banks (defined in Article 1 (B) of the 1978 International Bank Law (B)) or attempted for foreign banks. )

(IV) Discussions on public servants, or publicity embezzlement, theft, and fraudulent diversion for public servants for the benefit of public servants.

(V) smuggling or export violation.

(I) An item managed in the US military demand list set in Article 38 of the Weapon Export Management Law (22 U. S. 2778).

(II) An item managed under restrictions based on export management rules (15 C. F. R. PARTS 730-774).

(VI) A crime that requires a criminal to hand over or prosecute the case if a criminal is found in the United States of the United States by a multilateral treaty. lingering

(VII) Transfer, employ, or hide people, including personal trading, buying and selling children, sexual exploitation of children, or children, including children, for commercial sexual activity.

(C) Acting on a continuous criminal company defined in Article 408 (21 U. S. C. 848). (b) A crime against foreign countries, the following participants, regarding financial transactions that have all or part in the United States.

(i) Manufacture, import, sales, or distribution of regulated drugs (this term is defined in the Regulatory Drug Law).

(i) Other crimes based on (a) paragraphs (5).

(II) Attempted a crime punished in this issue.

(V) smuggling or export violation.

(I) An item managed in the US military demand list set in Article 38 of the Weapon Export Management Law (22 U. S. 2778).

(II) An item managed under restrictions based on export management rules (15 C. F. R. PARTS 730-774).

(VI) A crime that requires a criminal to hand over or prosecute the case if a criminal is found in the United States of the United States by a multilateral treaty. lingering

(7) Send communication containing the following contents by provisional trade or foreign trade for the purpose of forcing money or other worth of money from some people:

(C) Acting on a continuous criminal company defined in Article 408 (21 U. S. C. 848). (B) A crime against foreign countries, the following participants, regarding financial transactions that have all or part in the United States.

(i) Manufacture, import, sales, or distribution of regulated drugs (this term is defined in the Regulatory Drug Law).

(II) murder, kidnapping, robbery, blackmail, explosive or fire, or violent crime (defined in Article 16).

(III) Foreign Banks (defined in Article 1 (B) of the 1978 International Bank Law (B)) or attempted for foreign banks. )

(IV) Discussions on public servants, or publicity embezzlement, theft, and fraudulent diversion for public servants for the benefit of public servants.

(V) smuggling or export violation.

(I) An item managed in the US military demand list set in Article 38 of the Weapon Export Management Law (22 U. S. 2778).

(II) An item managed under restrictions based on export management rules (15 C. F. R. PARTS 730-774).

(VI) A crime that requires a criminal to hand over or prosecute the case if a criminal is found in the United States of the United States by a multilateral treaty. lingering

(VII) Transfer, employ, or hide people, including personal trading, buying and selling children, sexual exploitation of children, or children, including children, for commercial sexual activity.

(D) Violations under Articles 32 (destruction of aircraft), 37 (violence at international airports), 115 (influencing, obstructing, or opposing Federal officials by threatening or injuring family members), 152 (concealment of property), 513 (titles of state and private entities), 541 (falsely classified articles), 542 (registration of articles under false declarations), 545 (smuggling of articles into the United States), 549 (removal of articles from customs custody), 554 (smuggling of articles from the United States), 555 (border tunnels), 641 (public funds, property, and records), 656 (theft, embezzlement, or misappropriation by bank officers or employees), 657 (lending, credit, and insurance institutions), and 658 ... (deposits in mortgaged real property or agricultural credit institutions), 666 (theft or bribery in connection with programs receiving Federal funds), 793, 794, or 798 (exceptions), 831 (prohibited transactions involving nuclear materials), 844(f) or (i) (destruction by explosives or fire of Government property or property affecting interstate or foreign commerce),

Sections 2113 or 2114 (bank robbery and mail theft), 2252A (child pornography) (when child pornography contains visual depictions of actual minors engaged in sexually explicit conduct), 2260 (production of certain child pornography for import into the United States), 2280 (violence against maritime navigation), 2281 (violence against fixed maritime platforms), 2319 (piracy), 2320 (trafficking in counterfeit goods and services), 2332 (terrorist acts abroad against U. S. nationals), 2332a (use of weapons of mass destruction), 2332b (transnational terrorism), 2332g (missile systems designed to destroy aircraft), 2332h (radioactive dispersal devices), and 2339A or 2339B. (material support to terrorists), section 2339C (terrorist financing) or 2339D (receiving military-type training from a foreign terrorist organization), a felony violation of 49 U. S. C. 46502 of this title, the Chemical Trafficking and Illicit Trade Act of 1988 (precursors and precursor chemicals), a felony violation of section 590 of the Tariff Act of 1930 (19 U. S. C. 1590) (precursors and precursor chemicals), a felony violation of section 590 of the Tariff Act of 1930 (19 U. S. C. 1590) (air cargo smuggling), section 422 of the Controlled Substances Act (transportation of drug paraphernalia), or a violation of section 38(c) of the Drug Enforcement Act (criminal violations).

(E) Federal Water Pollution Prevention Law (33 U. S. C. 1251 ET Seq.), Ocean Exhaust Law (33 U. S. C. 1401 et Seq.), Ship contamination prevention Law (33 U. S. C. 1901 et Seq.) ET Seq. 1401 et Seq.), Ship contamination prevention law (33 U. S. C. 1901 et Seq.), Safety and Drink (42 U. S. C. 300F ET Seq.), And the Failure of the Resource Conservation Revitalization Law (42 U. S. 6901 et Seq.) violation.

(F) Acts or activities that make up crimes involved in federal medical crimes.

(8) The term "state" includes the US State, the Colombia Special District, and the US Federation, territory, or territorial land.

(9) "Revenue" means direct or indirectly obtained, obtained or obtained or obtained or maintained, and includes the total revenue of such activities.

(D) For any provisions of this section, the provisions of the federal law, the state law, or other laws in the provisions of criminal penalties and providing civil rescue more than stipulated in this section. isn't it.

(In addition, regarding crimes under the Ministry of Land and security, crimes under the jurisdiction of the Ministry of Land Remarks, the crime under the jurisdiction of the Ministry of Land Remarks, and the crime under the jurisdiction of the Ministry of Land Security, the National Land Security. Regarding the crimes under the jurisdiction of the Ministry, the Ministry of Land Security will be appropriately investigated by the Ministry of Land Security for crimes under the Ministry of Land and security. Such authority of the Secretary of the Land Security and the Postal Corporation shall be exercised in accordance with the Secretary of the Finance, the Secretary of the Land Security, the Postal Corporation, and the Justice Secretary (C) (E). The violation of this section, including the crime described in the section, may be investigated by the Judicial Secretary and the Ministry of Justice, directly by the National Executive Investigation Center of the Environmental Protection Agency.

(F) In the following cases, there is an ou t-o f-pipe contribution to the prohibited acts prohibited in this section.

(1) If a US citizen or not a US citizen is not a part of the United States, it shall be part of the United States.

(2) In transactions or a series of related transactions, it includes funds or financial products worth more than $ 10. 000. (e) Federal Water Pollution Prevention Law (33 U. S. C. 1251 et Seq.), Ocean Exhaust Law (33 U. S. C. 1401 et Seq.), Ship contamination Law (33 U. S. C. 1901 et Seq.) 42 U. S. C. 300F ET Seq. 1401 et Seq.), Ship contamination prevention law (33 U. S. C. 1901 et Seq.), Safety and Drink (42 U. S. C. 300F ET Seq.) ) A violation of the heavy days.

(F) Acts or activities that make up crimes involved in federal medical crimes.

(8) The term "state" includes the US State, the Colombia Special District, and the US Federation, territory, or territorial land.

(9) "Revenue" means direct or indirectly obtained, obtained or obtained or obtained or maintained, and includes the total revenue of such activities.

(F) In the following cases, there is an ou t-o f-pipe contribution to the prohibited acts prohibited in this section.

(1) If a US citizen or not a US citizen is not a part of the United States, it shall be part of the United States.

(2) In transactions or a series of related transactions, it includes funds or financial products worth more than $ 10. 000. (E) Federal Water Pollution Prevention Law (33 U. S. C. 1251 ET Seq.), Ocean Exhaust Law (33 U. S. C. 1401 et Seq.), Ship contamination prevention Law (33 U. S. C. 1901 et Seq.) ET Seq. 1401 et Seq.), Ship contamination prevention law (33 U. S. C. 1901 et Seq.), Safety and Drink (42 U. S. C. 300F ET Seq.), And the Failure of the Resource Conservation Revitalization Law (42 U. S. 6901 et Seq.) violation.

(F) Acts or activities that make up crimes involved in federal medical crimes.

(8) The term "state" includes the US State, the Colombia Special District, and the US Federation, territory, or territorial land.

(9) "Revenue" means direct or indirectly obtained, obtained or obtained or obtained or maintained, and includes the total revenue of such activities.

(F) In the following cases, there is an ou t-o f-pipe contribution to the prohibited acts prohibited in this section.

(1) If a US citizen or not a US citizen is not a part of the United States, it shall be part of the United States.

(2) In transactions or a series of related transactions, it includes funds or financial products worth more than $ 10. 000.

(g) Notice of Conviction of Financial Institution.--If a financial institution, or any officer, director, or employee of a financial institution, is convicted of an offense under this section, section 1957 or 1960 of this title, or section 5322 or 5324 of title 31, the Attorney General shall provide written notice of that fact to the appropriate supervisory authority of the financial institution.

(h) Any person who conspires to commit an offense provided in this section or section 1957 shall be subject to the same penalties as those provided for the commission of the offense for which the conspiracy was based.

(i) Venue.--(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be made:

(A) in the district in which the financial or monetary transaction takes place.

(B) in the district in which the underlying specified unlawful activity may be prosecuted if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district in which the financial or monetary transaction takes place.

(2) Prosecutions for an attempt or conspiracy under this subsection or Section 1957 may be brought in any place where an offense under paragraph (1) was consummated or in any other place where conduct in furtherance of the attempt or conspiracy was committed.

(3) For purposes of this section, the transfer of funds from one party to another by wire transfer or other means constitutes a single continuing transaction. Any person who makes any part of the transaction (as that term is defined in subsection (c)(2)) may be prosecuted in any jurisdiction in which the transaction occurs.

As used in this chapter:

(1) "Racketeering" means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, trafficking in obscene matter, or trafficking in controlled substances or controlled chemicals (as defined in section 102 of the Controlled Substances Act) that is imposed under state law and that is punishable by imprisonment for not less than one year.

(B) Acts that may be accused based on any of the following provisions of the 18th of the United States Code: Article 224 (Sports bribe), Article 471, Article 472, Article 472, Article 472, Article 472. Article 473 (counterfeit), Article 659 (theft from an interchangeable cargo) (if the acts charged based on Article 659), Article 664 (embezzlement from the pension and welfare fund), Article 89 1-In Article 894 (blackmailed credit transaction), Article 1028 (fraud and related acts related to ID), Article 1426 (foreign employment contract), Article 1425 (illegally acquiring or nationalization), 1426 Article (Duplicate Foreign Employment Agreement on Foreign Employment Contracts), Article 1425 (illegally acquiring nationality or naturalization), Article 1426 (naturalized or duplicated in nationality documents), Article 1427 (Naturalization or Sales of State Documents) , Article 1461 to Article 1465 (obscene), Article 1503 (judicial obstruction), Article 1510 (criminal investigation interfere), Article 1511 (obstruction against national or local law execution authorities), Article 1512 (Witnesses (Witnesses) , Victims or Invasions to Information Denders), Article 1513 (retaliation for witnesses, victims or information providers), Article 1542 (false statements for application and use of passports), Article 1543 (forgery of passports) Or false use), Article 1544 (unauthorized use of passports), Article 1546 (scams and unauthorized use of visits, licenses and documents), license and other documents), Article 1581-1592 (Pediatricity Love, Slaves, trafficking), Article 1951 (Trade, robbery, extortion), Article 1952 (blackmail), Article 1953 (transfer across the borders of gambling parameters), Article 1581-1592 (fraud, slave) Contribution, personal trading), Article 1581-1592 (fraud, slave system, trafficking), Article 1581-1592 (fraud, slave system, personal trading), Article 1581-1592 (fraud, slave system, Personal trading), Article 1581-1592 (Actions that may be accused based on any of the following provisions of the 18th of the United States Code 18: Article 201 (Bribery), Article 224 (sports bribe), Article 471, Article 472, Article 473 (counterfeit), Article 659 (theft from the Integrated Cargo) (the theft from the Corporation) (Article 659) Failed. If so, Article 664 (embezzlement from pensions and welfare funds), Article 891 to Article 894 (blackmailed margin trading), Article 1028 (fraud and related acts related to identification), Article 1426 (Article 1426 ( Foreign employment contract), Article 1425 (illegally acquiring or nationalization), Article 1426 (a foreign employment contract for foreign employment contracts), Article 1425 (illegally acquired nationality or naturalization), 1426 Article (Naturalization or Duplication of Nationality Documents), Article 1427 (Naturalization or Sales Documents), Article 146 1-Article 1465 (Ant i-Women), Article 1503 (Judgment Interfeet), Article 1510 (Criminal Investigation History) , Article 1511 (disturbing the government or local law executives), Article 1512 (violation of witnesses, victims or information providers), Article 1513 (retaliation for witnesses, victims or information providers), Article 1542 (false statements for application and use of passports), Article 1543 (counterfeit or false use of passports), Article 1544 (unauthorized use of passports), Article 1546 (license and other documents fraud And illegal use), license and other documents), Article 1581-1592 (pediatric love, slavery, personal trading), Article 1951 (trade obstruction, robbery, extortion), Article 1952 (extortion), Article 1953 (Transfer beyond the borders of gambling parameters), Article 1581-1592 (fraud, slavery, trafficking), Article 1581-1592 (fraud, slave system, trafficking), Article 1581-1592 (Article 1592 (Article 1592) Scams, slavery, personal trading), Article 1581-1592 (fraud, slave system, personal trading), Article 1581-1592 (Fraud, slave system, personal trading (B) The following episodes of the United States Code Acts that may be accused based on any of the rules: Article 201 (bribery), Article 224 (sports bribe), Article 471, Article 472, Article 473 (counterfeit), Article 659 (State). Theft from a cargo) (when the acts charged based on Article 659 are felony), Article 664 (embezzlement from the pension and welfare fund), Article 891 to 894 (blackmail credit transaction), Article 1028 (fraud and related acts related to identification), Article 1426 (foreign employment contract), Article 1425 (illegally acquiring or nationalization), Article 1426 (Foreign Employment Agreement Duplicate Foreign Employment. Contracts), Article 1425 (illegally acquiring nationality or naturalization), Article 1426 (Development or Duplication of nationality documents), Article 1427 (Naturalization or Sales Sales), Article 1461 to 1465 (Article 1465) ), Article 1503 (judicial obstruction), Article 1510 (criminal investigation interruption), Article 1511 (disturbing the national or local law executive authorities), Article 1512 (infringement against witnesses, victims or information providers). Article 1513 (retaliation for witnesses, victims or information providers), Article 1542 (false statements for application and use of passports), Article 1543 (counterfeit or false use of passports), Article 1544 (passport) Unauthorized use), Article 1546 (scams and illegal use of validation and license, and other documents), license and other documents), Article 158 1-1592 (pediatric love, slavery, personal trading), Article 1951 (Article 1951 (Article 1951). Transportation, robbery, extortion), Article 1952 (blackmail), Article 1953 (transfer across the borders of gambling parameters), Article 1581 to 1592 (fraud, slavery, trafficking), Article 1581-1592 Article (fraud, slavery, personal trading), Article 1581-1592 (fraud, slave system, personal trading), Article 1581-1592 (fraud, slave system, trafficking), Article 1581-1592 (Article 1592 Scams, slavery, personal trading

Section 2319 (criminal copyright infringement), Section 2319A (unauthorized fixation and commercialization in recordings and music videos of live musical performances), Section 2320 (traffic in goods or services bearing counterfeit marks), Section 2321 (traffic in certain motor vehicles or motor vehicle parts), Sections 2341-2346 (traffic in contraband tobacco), Sections 2421-24 (traffic in white slavery), Sections 175-178 (biological weapons), Sections 229-229F (chemical weapons), Section 831 (nuclear materials),

(C) statutes implied under Section 186 of Title 29 of the United States Code (restrictions on payments and loans to labor organizations) or Section 501(c) (misappropriation of union funds),

(D) cases under Title 11 (Section 157 of this title) (E) acts implied under the Currency and Foreign Exchange Act; (F) acts implied under sections 274 (importation and harboring certain aliens), 277 (aiding or assisting the entry of certain aliens into the United States), or 278 (importation of aliens for immoral purposes) of the Immigration and Nationality Act, when the acts implied under such sections are committed for financial gain; (G) acts implied under the provisions enumerated in section 2332b(g)(5)(b). (G) Definitions.--As used in this section. (5) "Federal terrorism offense" means the offense of-- (B) Violations under Section 2319 (criminal copyright infringement), Section 2319A (unauthorized fixation and commercialization in recordings and music videos of live musical performances), Section 2320 (traffic in counterfeit marked goods or services), Section 2321 (traffic in certain motor vehicles or motor vehicle parts), Sections 2341-2346 (traffic in contraband tobacco), Sections 2421-24 (white slave trafficking), Sections 175-178 (biological weapons), Sections 229-229F (chemical weapons), and Section 831 (nuclear materials); (C) statutes implied under Section 186 of Title 29 of the United States Code (restrictions on payments and loans to labor organizations) or Section 501(c) (misappropriation of union funds); (D) cases under Title 11 (section 1 of this title); (E) acts implied under the Currency and Foreign Exchange Act; (F) acts implied under sections 274 (importation and harboring certain aliens), 277 (aiding or assisting the entry of certain aliens into the United States), or 278 (importation of aliens for immoral purposes) of the Immigration and Nationality Act, when the acts implied under such sections are committed for financial gain; (G) acts implied under the provisions enumerated in section 2332b(g)(5)(b). (G) Definition.--As used in this section: (5) "Federal terrorism offense" means the offense of-- (B) offenses under sections 2319 (criminal copyright infringement), 2319A (unauthorized fixation and commercialization in recordings and music videos of live musical performances), 2320 (traffic in counterfeit marked goods or services), 2321 (traffic in certain motor vehicles or motor vehicle parts), 2341-2346 (traffic in contraband tobacco), 2421-24 (white slave trafficking), 175-178 (biological weapons), 229-229F (chemical weapons), and 831 (nuclear materials); (C) statutes implied under section 186 of title 29, United States Code (restrictions on payments and loans to labor organizations) or section 501(c) (misappropriation of union funds); (D) cases under title 11 (section 157 of this title); (E) acts implied under the Currency and Foreign Exchange Act; (F) acts implied under sections 274 (importation and harboring certain aliens), 277 (aiding or assisting the entry of certain aliens into the United States), or 278 (importation of aliens for immoral purposes) of the Immigration and Nationality Act, when the acts implied under such sections are committed for financial gain; (G) acts implied under the provisions enumerated in section 2332b(g)(5)(b). (G) Definition.--As used in this section. (5) "Federal terrorism offense" means the offense of: (B) an offense.

(i) Article 32 (destruction of aircraft or aircraft facilities), Article 37 (violence at international airports), Article 81 (arson in the special jurisdiction of the territory and territory), Article 175 or Article 175. B (biological weapon), Article 175 C (Barria virus), Article 229 (chemical weapons), Article 351 (assassination and kidnapping of parliament, cabinet, Supreme Court), (b), (c), (c) ) Or (D), 831 (nuclear material), 832 (participation in the threat of nuclear and massive destruction weapons to the United States) 842 (m) or (n) (plastic bomb), 844 (f) (2) or (3) (Hal f-arson and bombing in government owners can cause danger or death), 844 (i) (arson and blast to property used in versatile trade), 930 (c) (dangerous weapons) Murdering or murder during an attack on federal facilities), 956 (a) (1) (overseas murder, kidnapping, MAIM collusion), 1030 (a) (1) (computer protection), 1030 (c) (4) 1030 (A) (II) to (II) to (VI) 1030 (A) (5) (a) (Computer Protection), 1114 (US murder or murder of the United States officers and staff Attempts), 1116 (Murder or negligence of foreign civil servants, official visitors, internationally protected people), 1203 (hostage), 1361. Destruction of communication systems), 1363 (injuries to buildings or property in special waters and territorial waters), 1363 (damage to buildings or property in special waters and territorial waters), 1363 (special waters and territorial waters and buildings or property. Injury to). (i) Article 32 (destruction of aircraft or aircraft facilities), Article 37 (violence at international airports), Article 81 (arson in the special jurisdiction of the territory), Article 175 or Article 175 B (biological weapons), Article 175 C (Barrior Virus), Article 229 (Chemical Weapons), Article 351 (Assassination and Kidnapping of Council, Cabinet, Supreme Court), (A), (b) , (C), (C), (D), (D), 831 (nuclear material), 832 (participation in the threat of nuclear and mass destruction weapons to the United States) 842 (m) or (N) (plastic bomb), 844 (f) (f) 2) Or (3) (3) (causing danger or death by arson and bombing), 844 (I) (I) (I) arson and blast on property used in versatile trade, 930 (c) (c) (c) At dangerous weapons, murder or murder while attacking federal facilities), 956 (A) (1) (murder, kidnapping abroad, MAIM conspiracy), 1030 (a) (1) (computer protection), 1030 (C) (4) (A) (I) (II) to (vi) 1030 (A) (5) (A) (Computer Protection), 1114 (US executives and staff) Murder or murder), 1116 (foreign public servants, official visitor, internationally protected person murder or negligence), 1203 (hostage), 1361. Government's property or contract), 1362 (communication line, Communications centers and communication systems), 1363 (injury to buildings or property in special waters and territorial waters), 1363 (injuries to buildings or property in special waters and territorial waters), 1363 (construction in special waters and territorial waters. Injuries or property). (i) Article 32 (destruction of aircraft or aircraft facilities), Article 37 (violence at international airports), Article 81 (arson in the special jurisdiction of the territory and territory), Article 175 or Article 175. B (biological weapon), Article 175 C (Barria virus), Article 229 (chemical weapons), Article 351 (assassination and kidnapping of parliament, cabinet, Supreme Court), (b), (c), (c) ) Or (D), 831 (nuclear material), 832 (participation in the threat of nuclear and massive destruction weapons to the United States) 842 (m) or (n) (plastic bomb), 844 (f) (2) or (3) (Hal f-arson and bombing in government owners can cause danger or death), 844 (i) (arson and blast to property used in versatile trade), 930 (c) (dangerous weapons) Murdering or murder during an attack on federal facilities), 956 (a) (1) (overseas murder, kidnapping, MAIM collusion), 1030 (a) (1) (computer protection), 1030 (c) (4) 1030 (A) (II) to (II) to (VI) 1030 (A) (5) (a) (Computer Protection), 1114 (US murder or murder of the United States officers and staff Attempts), 1116 (Murder or negligence of foreign civil servants, official visitors, internationally protected people), 1203 (hostage), 1361. Destruction of communication systems), 1363 (injuries to buildings or property in special waters and territorial waters), 1363 (damage to buildings or property in special waters and territorial waters), 1363 (special waters and territorial waters and buildings or property. Injury to).

This title 2339D (military training by foreign terrorism) or Article 2340A (torture).

(II) Article 92 (prohibited matters related to atomic weapons) or Article 236 (nuclear facility or nuclear fuel interference) of the 1954 Japa n-Children Law (42 U. S. C. 2122 or 2284).

(III) Article 46502 (Aircraft Hijack), Article 46504 (assault to crews with dangerous weapons), Article 46505 (B) (3) or (C) (C) Or a threat to human life by weapons), Article 46506 (when negligence or negligence attempted) (application of specific criminal law for aircraft operation), or Article 60123 (B) (B) Destruction of liquid pipeline) 49? Ή

(IV) Remarks and import and export method 1010A (Narco-terrorism).

The full text of Article 1030 of the United States Code 18 is published at the end of this report. Pr e-versions of this report were published under the title "Computer fraud and abuse: Overview of Article 1030 of the United States Code and Related Federal Criminal Law".

Congress surveys began at last in 1976. On Government Operations, Problems Related to Computer Technology in Federal Programs and Private Industr y-Computer abuses, then crime in 1984 The original version of §1030 is passed as part of the law (P. L. 98-473, 98 Stat. 2190) Until it was held, a continuous meeting was held: For example, the Federal Computer Systems Protection Act: H. 240, The Computer Systems Protection Act 1979: Hearings ORE THE SUBCOMM. On Criminal Laws And Procedures of the Senate Comm. Federal Computer Systems Protem (H. R. 3970): Public hearings at the 97th Federal Council House of Representatives (1982); Crime Crime: The 97th Hearing Committee at the Federal Council House of Representatives Committee (1982); Hearing at the 97th Federal Council House of Representatives (1982); Hearing at the 97th Federal Council House of Representatives Judicial Committee (1982); Society (1982); Hearing at the 97th Federal Council House of Representatives Judicial Committee (1982 ON THE JUDICIARY, 98th Cong., 1 ST SESS. (1983).

Amendments to the 1984 law were made in 1986, 1988, 1989, 1990, 1994, and 1996; P. L. 100-690, 102 Stat. 4404; P. L. 101-73, 103 Stat. 502; P. L. 101-647, 104 Stat. 4831; P. L. 103-322, 108 Stat. 2097; P. L. 104-294, 110 Stat. 3491. More recently, the USA PATRIOT Act (P. L. 107-56, 115 Stat. 272 (2001)), the Department of Homeland Security Act (P. L. 107-296, 116 Stat. 2135 (2002)), and Title II of the Identity Theft Enforcement and Restitution Act of 2008 (P. L. 110-326, 122 Stat. 3560 (2008)) both amended the provisions of section 2 of the USA PATRIOT Act (P. L. 107-56, 115 Stat. 272 (2001)). For a history of the Act, excluding the 1996 amendments, see Adams, Controlling Cyberspace: Applying the Computer Fraud and Abuse Act to the Internet, 12 Santa Clara Computer & amp; amp; For a general description of the validity and applicability of the Act, see below. Buchman, Validity, Construction, and Application of Computer Fraud and Abuse Act, 174 ALR Fed. 101; Prosecuting Intellectual Property Crimes, Computer Crime and Intellectual Property Section, Criminal Division, United States Department of Justice (4th ed.)[(2013)]( DoJ Computer Crime ), available at http://www. just. gov/criminal/cybercrime/docs/prosecuting_ip_crimes_manual_2013_pdf and Prosecuting Computer Crimes, Computer Crime and Intellectual Property Section, Criminal Division, United States Department of Justice [(2010)]( DoJ C yber Crime ), available at http://www. just. criminal/cybercrime/docs/ccmanual. pdf .

For more information on these and similar issues, see 28th Annual White Collar Crime Survey: Computer Crime, 50 American Criminal Law Review 681 (2013); DoJ C yber Crime; CRS Report R40599, Identity Theft: Trends and Issues, by [author name scrubbed]; CRS Report R40599, Identity Theft: Trends and Issues, by [author name scrubbed]; CRS Report 98-670, Indecent Assault, Child Pornography, and Lewd Conduct: A Brief Background and Recent Developments, by [author name scrubbed]; CRS Report 97-619, Internet Gambling: An Overview of Federal Criminal Law, by [author name scrubbed]; Kerr, Applying The Fourth Amendment to the Internet: A General Approach, 62 Stanford Law Review 1005 (2010); Mehra, Law and Cybercrime in the United States Today, 58 American Journal of Comparative Law 659 (2010).

(II) Attempted a crime punished in this issue.

See also S. Rept. 99-432 at 7 (1986); H. Rept. 99-612 at 11 (1986).

H. Rept. 99-612 at 9-10 (1986). See also S. Rept. 99-432 at 5-6 (1986).

S. Rept. 99-432 at 7-8 (1986). See also H. Rept. 99-612 at 11 (1986).

18 U. S. C. § 1030(e)(7). "Executive departments means the Departments of State, Defense, Justice, Interior, Agriculture, Commerce, and Health and Human Services. 5 U. S. C. 101.

Morrison v. National Australia Bank, Ltd., 561 U. S. 247, 255 (2010) ("It is a long-standing principle of American law that acts of Congress are intended to apply only to the territorial jurisdiction of the United States unless a contrary intention is shown. CRS Report 94-166, "Foreign Application of the Criminal Laws of the United States" (by [SHRUBSED]).

United States v. Bowman, 260 U. S. 94, 98 (1922) ("But the same rule of (territorial) construction should not be applied to criminal laws enacted for the protection of the government against obstruction or fraud wherever it may be committed, especially when it is committed by its own citizens, officers, or agents; for private citizens may as easily commit fraud on the high seas or in foreign countries as at home; and it is inferred from the nature of the crime.").

Ford v. United States, 273 U. S. 589, 623 (1927) ("The principle that he who voluntarily exercises power abroad to exercise it in that country is liable where the wrong is committed is recognized in the criminal jurisprudence of every nation.").

United States v. Ivanov, 175 F. Supp. 2d 367, 374-75 (D. Conn. 2001).

374 ("The Committee was particularly concerned that the statute as it existed before the 1996 amendments did not cover 'computers used in foreign communications or commerce,' even though the hackers were often foreign nationals. The Committee cited two specific cases in which foreign-based hackers had broken into computer systems in the United States as examples of the types of situations Congress intended to address, and noted that Congress has the authority to apply its statute extraterritorially and, in s. 1030, clearly indicated its intent to do so"), citing S. Rept. 104-357, at 4-5 (1996). 18 U. S. C. § 1030(e)(2)(B) § 814(d)(1) of the USA PATRIOT Act, P. L. 107-56, 115 Stat. 384 (2001), made this change. Pursuant to 18 U. S. C. 1030(c), 3571, all felonies are punishable by a fine not to exceed $250, 000 or twice the pecuniary gain or loss connected with the crime, unless a provision applicable to the specific crime requires a higher maximum fine or is enacted after 1984, when the general provisions of 3571 took effect. United States v. Bowman, 260 U. S. 94, 98 (1922) ("But the same rule of (territorial) construction should not be applied to criminal laws enacted for the defense of the government against obstruction or fraud wherever it may be committed, and especially when committed by its own citizens, officers, or agents; for private citizens may as easily commit fraud on the high seas or abroad as at home; and the nature of the crime is inferred."). Ford v. United States, 273 U. S. 589, 623 (1927) ("The principle that a man who voluntarily exercises power abroad in a state to exercise that power is liable where the wrong is committed is recognized in the criminal jurisprudence of every nation."). United States v. Ivanov, 175 F. Supp. 2d 367, 374-75 (D. Conn. 2001). 374 ("The Committee was particularly concerned that the statute as it existed before the 1996 amendments did not cover 'computers used in foreign communications or commerce,' even though the hackers were often foreign nationals. The Committee cited two specific cases in which foreign-based hackers had broken into computer systems in the United States as examples of the types of situations Congress intended to address, and noted that Congress has the authority to apply its statute extraterritorially and, in s. 1030, clearly indicated its intent to do so"), citing S. Rept. 104-357, at 4-5 (1996). 18 U. S. C. § 1030(e)(2)(B) § 814(d)(1) of the USA PATRIOT Act, P. L. 107-56, 115 Stat. 384 (2001), made this change. Pursuant to 18 U. S. C. 1030(c), 3571, all felonies are punishable by a fine not to exceed $250, 000 or twice the pecuniary gain or loss connected with the crime, unless a provision applicable to the specific crime requires a higher maximum fine or is enacted after 1984, when the general provisions of 3571 took effect. United States v. Bowman, 260 U. S. 94, 98 (1922) ("But the same rule of (territorial) construction should not be applied to criminal laws enacted for the defense of the government against obstruction or fraud wherever it may be committed, and especially when committed by its own citizens, officers, or agents; for private citizens may as easily commit fraud on the high seas or in foreign countries as at home; and the nature of the crime is inferred."). Ford v. United States, 273 U. S. 589, 623 (1927) ("The principle that a man who voluntarily exercises power abroad in a state to exercise that power is liable where the wrong is committed is recognized in the criminal jurisprudence of every nation."). United States v. Ivanov, 175 F. Supp. 2d 367, 374-75 (D. Conn. 2001). 374 ("The Committee was particularly concerned that the statute as it existed before the 1996 amendments did not cover 'computers used in foreign communications or commerce,' even though the hackers were often foreign nationals. The Committee cited two specific cases in which foreign-based hackers had broken into computer systems in the United States as examples of the types of situations Congress intended to address, and noted that Congress has the authority to apply its statute extraterritorially and, in s. 1030, clearly indicated its intent to do so"), citing S. Rept. 104-357, at 4-5 (1996). 18 U. S. C. § 1030(e)(2)(B) § 814(d)(1) of the USA PATRIOT Act, P. L. 107-56, 115 Stat. 384 (2001), made this change. Pursuant to 18 U. S. C. 1030(c), 3571, all felonies are subject to a fine not to exceed $250, 000 or twice the pecuniary gain or loss related to the offense, unless a provision applicable to a specific offense requires a higher maximum fine or is enacted after 1984, when the general provisions of Section 3571 became effective.

Most federal criminal law has given the imprisonment, fines, or imprisonment and fines. This can be an illusion in the most important federal case. The federal sentence has been influenced by the amount of prison guidelines, which coordinates the level of prison sentence below the highest sentence stipulated by law, according to the situation of crimes and criminals (CRS Report R41696 "Federal Prison Guidelines). See the mechanism: Overview.) Although the amount of punishment based on the guidelines is no longer compulsory, the Federal Court must start a sentence procedure by calculating the applied sentence based on the guidelines and justifying the deviation from that range.

The United States Code 18 1030 (I), (J) ((i) (1) Courtes will be sentenced to those who have been convicted of violating this Article or those who have been convicted of collusion of this Article. In addition to other sentences, it was intended to be used or used for (a) execution or execution of (a) violations, regardless of the provisions of the state law. All property, regardless of real estate or derived, derived from the person's equity to the manner of the person, (b), which is obtained directly or indirectly. Except for the section, the following is the following section of the 1970 Pharmaceutical Abuse Prevention Law (Omnibus Drug Abuse Prevention and Control Act of 1970). It is subject to confiscation to, and there is no property interests (1) to be used or used to facilitate or execute this article. (2) Most of the federal criminal law, which consists of a violation of this article, or the revenue. The imprisonment or fines can be sentenced to a specific crime in the federation of federal cases. The impact of the prisoner, which is lower than the prisoner specified by law, is not enforced based on the CRS Report R41696 "Mechanism of the Federal Prisoner: Outline"). The Federal Court shall calculate the imprisonment applied based on the guidelines and justify the deviation from that range to start a sentence procedure.

The United States Code 18 1030 (I), (J) ((i) (1) Courtes will be sentenced to those who have been convicted of violating this Article or those who have been convicted of collusion of this Article. In addition to other sentences, it was intended to be used or used for (a) execution or execution of (a) violations, regardless of the provisions of the state law. All property, regardless of real estate or derived, derived from the person's equity to the manner of the person, (b), which is obtained directly or indirectly. Except for the section, the following is the following section of the 1970 Pharmaceutical Abuse Prevention Law (Omnibus Drug Abuse Prevention and Control Act of 1970). It is subject to confiscation to, and there is no property interests (1) It is intended to be used or used to make it easier to execute or execute this Article. (2) Most of the federal criminals, which are obtained from this Article or a conspiracy of this Article, are sentenced to imprisonment. This is a federation in the federation of crime and criminals in the federation of federal cases. The impact of the prisoner, which is lower than the specified prison, is not enforced, although it is no longer forced to see the CRS Report R41696 "Mechanism of the Federal Penalty Guidelines"). , Calculating the applied sentence based on the guidelines and justifying the deviation from that range to start a sentence procedure.

In 1994, Congress emphasizes that computers used for par t-time for the government need to be affected, but also show that the use of the government is "adversely affected." Fixed this section (P. L. 103-322, 108 Stat. Congress, who could suggest that violation could be useful, abolished the 1994 amendment in 1996 and said, "Used publicly. Changes to clarify those who have been allowed to access the possible government computers "3) and the computer has actually made it unlimited. Regardless of whether it is operated by or simply operated for the government, access that affects the use of computers used for the government will be convicted based on paragraphs (A) (3). We made a change to clarify that there is a possibility of receiving it.

Olivenbaum,: Review of Federal Computer Crime Laws, 27 Seton Hall Lawiew 574, 600-1 (1997); 27 Seton Hall Law Review 574, 600-1 (1997) S V. Rice, Aff'g W/O Pub. Op., 961 F. 2D 211 (4th Cir., 1992), Subsequent Motion to Correct Sentence, 815 F. Supp. 158 (W. D. N. C. 1993).

Rice is a strange case. According to unpublished views, Rice, who has been an investigator of the Domestic Revenue Agency (IRS) for many years, hacks an IRS computer at the request of a drug investigator, and discloses the investigator the investigator the investigator. did. The investigator also advised by the investigator to avoid loss at home. For this reason, he colluded for cleaning his friend's drug revenue (United States Code 18, 1956 (A) (1) (B) (i)), and conspiracy to fraudulent property losses (26, United States Code). 7214), he was convicted of computer fraud, that is, colluding to access government agencies. Incorrectly accessing government agencies' computer systems (18 U. S. C. 1030 (A) (3)) to disclose confidential information (18 U. S. C. 1905) (may be known as a corporate secret law). The court does not mention that there is a clear inconsistency between the convicted ruling and the legislation of Article 1030 (A) (3), and the article hacks the computer system of his own institution. Indicates that it is not applied. reference. BROWNLEE V. Dyncorp, 349 F. 3D 1343, 1346 (Fed. CIR. See also refer to Article (A) guilty answers for accusations based on (3)).

This is probably because 1030(a)(2) applies to many of the same cases in which 1030(a)(3) may be charged. 1030(a)(3), on the other hand, is a misdemeanor only for first offenses.

Throughout this report, "other crimes" refers to closely related crimes. In any case, a defendant charged under one section of 1030(a) may also be charged under one or more of these other Federal statutes. A defendant who violates one or more of the various paragraphs of 1030, for example, may also be held liable for one or more related crimes, so long as at least one of the necessary elements for a conviction of one is present and not the other. See, e. g., United States v. Czubinski, 106 F. 3d 1069 (1 St. Cir., 1997) (convictions under 18 U. S. C. § 1343 (wire fraud) and 18 U. S. C. § 1030(a)(4) (computer fraud) vacated for other reasons); United States v. Petersen, 98 F. 3d 502 (9 th Cir., 1996) (affirming sentences imposed for convictions under 18 U. S. C. 371 (conspiracy), 18 U. S. C. 1343 (wire fraud), and 18 U. S. C. 1030(a)(4) (computer fraud)). Section 1030(b) reads in its entirety: "Any person who conspires or attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section." Section 207 of the Identity Enforcement and Restoration Act added the italicized language to section 1030(b).

H. rept. 98-894 at 22 (1984).

United States v. Neal, 78 F. 3d 901, 906 (4th Cir., 1996). United States v. Adams, 305 F. 3d 30, 34 (1st Cir., 2002).

Examples: 18 U. S. C. § 1951 (attempt to restrain interstate commerce by extortion or robbery); 18 U. S. C. 18 U. S. C. § 794 (attempted communication of national defense to a foreign government). See, e. g., 18 U. S. C. §§ 32, 33, 37, 112, 115, 152.

United States v. Resendiz-Ponce, 549 U. S. 102, 106-107 (2007). United States v. Anderson, 747 F. 3d 51, 73 (2d Cir., 2014). United States v. Goodwin, 719 F. 3d 857, 860 (8th Cir. 2013). United States v. Pavulak, 700 F. 3d 651, 669 (3d Cir. 2012).

United States v. Gonzalez, 745 F. 3d 1237, 1243 (9th Cir., 2014)。United States v. Mehanna, 735 F. 3d 32, 53 (1st Cir., 2013)。United States v. Brown, 702 F. 3d 1060, 1064 (8th Cir., 2013)。

United States v. Aldawsari, 740 F. 3d 1015, 1020 (5th Cir., 2014)。United States v. Gordon, 710 F. 3d 1124, 1150-151 (10th Cir., 2013)。United States v. Desposito, 704 F. 3d 221, 231 (2d Cir., 2013)。

United States v. Anderson, 747 F. 3d 51, 74 (2d Cir., 2014)。United States v. Gonzalez-Monterroso, 745 F. 3d 1237, 1243 (9th Cir., 2014)。United States v. Goodwin, 719 F. 3d 857, 860 (8th Cir. 2013)。United States v. Kindle, 698 F. 3d 401, 407 (7th Cir., 2013)。

United States v. Muratovic, 719 F. 3d 809, 815 (7th Cir., 2013)。United States v. Villarreal, 707 F. 3d 942, 960 (8th Cir., 2013)。United States v. Desposito, 704 F. 3d 221, 231 (2d Cir., 2013)。United States v. Irving, 665 F. 3d 1184, 1195 (10th Cir., 2011)。

United States v. Muratovic, 719 F. 3d at 815 (internal quotation marks and citations generally omitted here and elsewhere)(「実質的段階とは、通常の起こりうる過程において、特定の犯罪の実行に適合し、近似し、その結果生じる何らかの明白な行為のことである。ある場合には単なる準備に見えるが、別の場合には本質的な段階として適格である、 2007）（「意味のある一歩を踏み出すためには、被告人の行動は、独立した状況で中断されない限り犯罪が発生することを明白に示すことによって、準備と未遂の境界線を越えなければならない」）。

18 U. S. C. 371; General, CRS Report R41223, Federal Conspiracy Law: A Brief Overview ； Twenty-Eight Investigation of White Collar Crime: Federal criminal conspiracy , 50 American Criminal Law Review 663 (2013); Developments in the Law - Criminal Conspiracy , 72 Harvard Law Review 920 (1959).

United States v. Chhun , 744 F. 3d 1110, 1117 (9 th Cir. 2014); United States v. Chhun , 744 F. 3d 1110, 1117 (9 th Cir. 2014)； United States v. Njoku , 737 F. 3d 55, 63-4 (5 th Cir. 2013); United States v. Appolon , 715 F. 3d 362, 370 (1 st Cir. 2013).

Pinkerton v. United States, 328 U. S. 640, 645-48 (1946); Pinkerton v. United States, 328 U. S. 640, 645-48 (1946)； United States v. Newman , 755 F. 3d 545, 546 (7 th Cir. 2014); United States v. Newman , 755 F. 3d 545, 546 (7 th Cir. 2014)； United States v. Blachman , 746 F. 3d 137, 141 (4 th Cir. 2014); United States v. Blachman , 746 F. 3d 137, 141 (4 th Cir. 2014)； United States v. Ali , 718 F. 3d 929, 941 (D. C. Cir. 2013) (Pinkerton v. United States doctrine の下で、「実質的な犯罪が共謀を推進するために行われ、違法な合意の必要なまたは自然な結果として合理的に予見可能であった場合、共謀者は、その仲間が行った犯罪について代理責任を負う」)。

Whitfield v. United States , 543 U. S. 209, 214 (2005)（共謀罪の規定において、議会が「明白な行為の要件を省略した場合、そのような要件は否定される」）、United States v. Shabani , 513 U. S. 10, 14 (1994)を引用。

合衆国法典第 18 編第 1030 条(b)。しかし、連邦議会は第 1030 条(c)で未遂については言及しているが、共謀については、おそらく不注意であったにせよ、言及していないため、このことは議論の余地がないとは言えない。1030(b)、(c)(強調は追加) （(b)本節第(a)項に基づく犯罪を共謀し、または未遂した者は、本節第(c)項に規定されるとおりに処罰される。(c) 本条第(a)項または第(b)項に基づく違反に対する処罰は、本条に基づく違反の場合、. . 本節に基づく他の犯罪、または本節に基づき処罰される犯罪の未遂の場合」）。

"(A) The United States or their assistance, suggestions, advice, orders, outsourcing, and supply are punished as themselves.

"(B) If you or others do it directly, those who inevitably perform the act of crimes against the United States will be punished as the original closing." 18 U. S. C. 2? REFLECTIONS ON REVES V. Rnst & amp; Young: Reflections on Reves v. Ernst & amp; AMP? Sory, Assembly and Conservative Liability in Rico, 33 American Criminal Law Review 1345, 1385-418 (1996). See. In addition, UNITED States v. YAKOU, 393 F. 3D 231, 242 (D. C. IR, 2005) ("" This law is usually applied to any criminal law unless the parliament eliminates the exceptions that eliminate interest and responsibility. , It is judged that it can be convicted by assisting the violation of other people, even if it is impossible for the assistant to be guilty as the person himself. "

United States vs. Rosmond, 134 S. CT. 1240, 1245 (2014). United States V. Garcia, 752 F. 3D 382, 389 N. 6 (4th Cir., 2014). UNITED STATES V. Thum, 749 F. 3D 1143, 1148-149 (9th CIR., 2014). United States v. Lyons, 740 F. 3D 702, 715 (1st CIR., 2014).

United States v. Thum, 749 F. 3D at 1148-149; 749 F. 3D at 1148-149. United States V. Lyons v. Lyons, 740 F. 3D at 715; United States v. Rufai, 732 F. 3D 1175, 1190 (10th CIR., 2013). UNITED STATES V. Capers, 708 F. 3D 1286, 1306 (11th CIR., 2013).

UNITED STATES V. Washington, 106 F. 3D 983, 1004-5 (D. C. CIR. See UNITED STATES V. 3D 700, 711 (6th CIR.

“(A) Except in cases (1), (1) those who intentionally accessed the facilities where the e-communication service is provided or (2) will intentionally access to the facility. Those who have surpassed, and have acquired, tampered, or prevented those who have acquired, tampered, or prevented the e-wired communication or electronic communications stored on the system. You will be punished.

"(B) Penalties. Penalties for violations based on paragraph (a) of this Article are (1) for commercial interests, malicious destruction or damage, or commissioned for the purpose of private commercial interests. If it is performed for the purpose of the United States or the United States or any of the US or any of the states, (a) In the case of the first offense based on this Article, the fine or 5 years or less. In the case of the first criminal based on this article, both of them.

"(C) Exception: (1), (1), (1), (1) by individuals or organizations that provide a wired and telecommunications service, in relation to (2) communication, or intended for the user. Acting allowed by the service shall not be applied.

The provisions of Article 1511 of the United States Code (telephone device) may be applied to illegal interception for email transmission during the transmission, and Article 18 of the United States Code Article 2701 is a preserved e-mail. It may be applied to illegal seizure of messages. Criminals based on Article 2511 (4) of the United States Code 18 will be sentenced to forbidden sentences for less than five years. “(A) Except in cases (1), (1) those who intentionally accessed the facilities where the e-communication service is provided or (2) will intentionally access to the facility. Those who have surpassed, and have acquired, tampered, or prevented those who have acquired, tampered, or prevented the e-wired communication or electronic communications stored on the system. You will be punished.

"(a) Except as otherwise provided in this section, any person who, in any matter within the jurisdiction of the executive, legislative, or judicial branches of the United States Government, knowingly and willfully (1) falsely states, conceals, or conceals by any act, artifice, or device, a material fact, or (3) makes or uses a false document or instrument, knowing that the statement or description is false or fraudulent, shall be fined under this title or imprisoned for not more than 5 years, or, if the offense involves international terrorism or domestic terrorism (as defined in section 2331 of this title), shall be fined not more than 5 years or imprisoned for not more than 8 years.

"(b) Subsection (a) shall not apply to a party to a judicial proceeding, or to the counsel for such party, with respect to any statement, representation, document, or paper submitted by such party or counsel to a judge or magistrate in such proceeding.

"(c) With respect to any matter within the jurisdiction of the legislature, subsection (a) shall apply only to (1) administrative matters, including matters relating to claims for payment, procurement of property or services, personnel or employment practices, or support services, or documents required by law, rule, or regulation to be submitted to an office or officer of the Congress or the legislature, or (2) investigations or reviews conducted pursuant to any of the following powers:

"Any person who falsely represents or acts as an officer or employee of the United States acting under the authority of any department, instrumentality, or officer of the United States, or who so represents or so represents and solicits or obtains any money, paper, document, or thing of value, shall be fined under this title, or imprisoned for not more than three years, or both." (18 U. S. C. § 912 § 2331).

Olivenbaum ,: A Review of Federal Computer Law, 27 Seton Hall Law Review 574, 600 (1997) （§1030 に基づき、ハッカーが虚偽記載罪（合衆国法典第 18 編第 1001 条）及び電信詐欺罪（合衆国法典第 The accusation of childhood, which was prosecuted in Article 1343, has not been proven.

HubBard v. United States, 514 U. S. 695 (1995) (§ 1001 is not only a false statement in Federal Court and Congress, but also to the false statements in the administrative government) (P. L. 104-292,, Overwritten by the judge in the lawsuit in the case of 110 stat. Sex is a problem that the jury is determined).

UNITED STATES V. Gaudin, 515 U. S. 506, 509 ("1995) (" The statement must affect the decisio n-making decisio n-making decision or have a natural trend that can be given). UNITED STATES V. Baker, 200 F. 3D 558, 561 (8th Cir. Focus on whether there was a possibility. " United state v. Mitchell, 388 F. 3D 1139, 1143 (8th CIR. It is not necessary to prove that "" is "a natural tendency that can affect or affect government agencies or officials". , No proof that the government depends on its statement), but see United States V. 3D 688, 691 (D. C. CIR., 2011) ("To be important. The statement does not actually affect the government.

United States v. Collins, 56 F. 3d 1416 (Epoch Times, 1995) and United States v. Chabinski, 106 F. 3d 1069 (1 St. 641 (theft of government property)) and 18 U. S. C. §§ 1343 (wire fraud) and 1030(a)(4) (computer fraud), respectively, were indicted because the prosecution failed to show any adverse effect on the government caused by unauthorized access to government computer records.

18 U. S. C. § 912 (emphasis added) is "any person who impersonates or acts as an officer of the United States acting under the authority of the United States, or who solicits or obtains anything of value in that capacity."

Examples: Alaska Rev. Stat. §13A-8-102; Alaska Rev. Stat. §11; Arizona Rev. Stat. §13-2316; Ark. Rev. Stat. §5-41-104; Calif. Penal Code §502; Colorado Rev. Stat. §18-5. 5-102; Connecticut Gen. §53A-251; Del. Stat. §932, Title 11; Florida Rev. Stat. §815. 06; Hawaii Stat. §708-895, subdivision 7; Idaho Rev. Stat. §18-2202; 720 Ill. Comp. Stat. §5/17-51; Indiana Rev. Stat. §18-2202; §35-43-2-3; Indiana Code §716. Iowa Code Ann. §716; Kan. Stat. §21-5839; Ky. Rev. Stat. §434: 853; La. Rev. Stat. Ann. §14: 73. 7; Mo. Rev. Stat. Ann. tit. 17-A §432; MD Code Ann. Inflatable. Act §7-302; §7-302; §7-302. Massachusetts. Gen. Laws Ann. ch. 266 §120f; Gen. Laws Ann. ch. 266 §120f; Mich. Comp. 795; Minnesota Laws §609. 891; Mich. Laws §97-45-5; Mozambique Laws §569. 099; Mont. Code Ann. §45-6-311; N. H. Rev. Stat. Ann. §28-1347; N. H. Rev. Stat. Ann. §638:17; N. M. Ann. §30-45-5; New York Penal Code §156. 05; Ohio Rev. Code §2913. 04; Okla. Stat. §1953, Title 21; S. D. Gados. Laws §43-43b-1; §43-43b-1; §43-43b-1. TN § 39-14-602; TX Penal Code § 33-02; UT § 76-6-703; VY Stat. § 13-4102; WA § 9A-52-120; VY Stat. § 61-3C-5; WY Stat. § 943-70. § Wyo. Stat. § 6-3-504.

The term "card issuer" means the person who issues a credit card or any agent of such person in connection with such card." 15 U. S. C. 1602(N).

"Person" means any person or organization. "Organization" means a corporation, government or government subdivision, agency, trust, estate, partnership, cooperative, or association. "Credit Card" means a card, plate, coupon, or other credit device that exists for the purpose of obtaining money, property, labor, or services on credit, and granting the payment thereof.

"Crediters" are (1) lending, selling real estate or services, or paying for more than four divisions, or being paid for financial fees, or may be required. Pay first, if you are on the regular credit transactions, and (2) the debt generated from consumer margin trading, or if there is no evidence of such a debt, or if there is no such debt. Refers to someone to be. Follow 1602 (d), (c), (k), (e) and (f).

When used in connection with information about consumer, the term "record" is recorded and maintained by consumer reporting agencies, regardless of how the information is stored. Is.

"Consumer Reporting Organization" means consumer credit information or other consumer information to provide consumer reports to third parties based on financial fees, fees, or no n-profit cooperation. It refers to those who regularly engage in or part of the collected or evaluated tasks to create or provide consumer reports to create or provide spatula.

"Consumers" means individuals, "The United States Code 15 1681a (G), (F), (C).

In order to prove the violation of "Article 1030] (A) (2) (c), the defendant intentionally accesses the computer and (2) unauthorized (permitted access. Beyond), (3) We must prove that information has been obtained from the protected computer. In Article 1030 (A) (A) (related to the acquisition of information from financial institutions) or Article 1030 (A) (2) (B) (related to the federal government agency) If it is involved, the third element of the crime is "information has been obtained by financial institutions" or "information has been obtained by the federal agency." "Crediters" may be required, or required, or require more than four installments, or pay for financial fees, regardless of the loan, real estate or services. If a person who is doing a regular consumer credit transaction on a regular basis, and (2) the debt generated from consumer credit transactions is based on the evidence of the debt, or if there is no such debt evidence. Refers to the person to pay first. Follow 1602 (d), (c), (k), (e) and (f).

When used in connection with information about consumer, the term "record" is recorded and maintained by consumer reporting agencies, regardless of how the information is stored. Is.

"Consumers" means individuals, "The United States Code 15 1681a (G), (F), (C).

When used in connection with information about consumer, the term "record" is recorded and maintained by consumer reporting agencies, regardless of how the information is stored. Is.

Elim Poon - Journalist, Creative Writer

Last modified: 27.08.2024

JM § sets forth general requirements for cyber prosecutions, including coordination with and notification of the Computer Crime and Intellectual. Congressional Research Service, Charles Doyle, Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal. Computer Fraud and Abuse Statute and Related Federal Criminal Laws. Updated June 28, Charles Doyle. Senior Specialist. American Law Division.

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Cybercrime An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal

Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws

Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws

Contents

Summary

Introduction

Trespassing in Government Cyberspace (18 U.S.C. 1030(a)(3))

Intent

Unauthorized Access

Affects the Use

Jurisdiction

Extraterritorial Jurisdiction

Penalties

Juveniles

Overview

Other Crimes 25

Attempt

Conspiracy

Accomplices as Principals

Limited Application and State law

Obtaining Information by Unauthorized Computer Access (18 U.S.C. 1030(a)(2))

Intent

Unauthorized Access

Obtaining Information and Jurisdiction

Consequences

Penalties

Sentencing Guidelines

Forfeiture

Restitution

Civil Cause of Action

Attempt, Conspiracy, and Complicity

Other Crimes

Interstate or Foreign Transportation of Stolen Property

Theft of Federal Government Information

Economic Espionage

Copyright infringement

Money Laundering

Causing Computer Damage (18 U.S.C. 1030(a)(5))

Intent

Damage

Without Authorization

Jurisdiction

Consequences

Penalties

Juveniles

Sentencing Guidelines

Forfeiture and Restitution

Cause of Action

Crimes of Terrorism

Attempt, Conspiracy, and Complicity

Other Crimes

Damage or Destruction of Federal Property

Damage or Destruction of Financial Institution Property

Damage or Destruction to Property in Interstate Commerce

RICO

Money Laundering

Computer Fraud (18 U.S.C. 1030(a)(4))

Jurisdiction

Unauthorized or Excessive Access

Fraud and Intent

Consequences

Other Crimes

Interstate and Foreign Commerce

Defrauding the Federal Government

Bank Fraud

General Crimes

Extortionate Threats (18 U.S.C. 1030(a)(7))

Jurisdiction

Threat of "Damage"

Intent

Consequences

Penalties and Civil Liability

Other Consequences

Attempt, Conspiracy, and Complicity

Other Crimes

Hobbs Act

Threat Statutes

RICO, Money Laundering, and the Travel Act

Trafficking in Computer Access (18 U.S.C. 1030(a)(6))

Jurisdiction