TITLE XXIX-COMPUTER CRIME
      
   
   
   
   
   SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.
   
   
   
   (a) Short Title .-This subtitle may be cited as the "Computer
   Amendments Act of 1994".
   
   
   
   (b) Prohibition .-Section 1030(a)(5) of title 18, United
   is amended to read as follows:
   
   
   
   "(5)(A) through means of a computer used in interstate commerce or
   communications, knowingly causes the transmission of a program,
   information, code, or command to a computer or computer system if-
   
   
   
   "(i) the person causing the transmission intends that such
   transmission will-
   
   
   
   "(I) damage, or cause damage to, a computer, computer system, network,
   information, data, or program; or
   
   
   
   "(II) withhold or deny, or cause the withholding or denial, of the use
   of a computer, computer services, system or network, information, data
   or program; and
   
   
   
   "(ii) the transmission of the harmful component of the program,
   information, code, or command-
   
   
   
   "(I) occurred without the authorization of the persons or entities who
   own or are responsible for the computer system receiving the program,
   information, code, or command; and
   
   
   
   "(II)(aa) causes loss or damage to one or more other persons of value
   aggregating $ 1,000 or more during any 1-year period; or
   
   
   
   "(bb) modifies or impairs, or potentially modifies or impairs, the
   medical examination, medical diagnosis, medical treatment, or medical
   care of one or more individuals; or
   
   
   
   "(B) through means of a computer used in interstate commerce or
   communication, knowingly causes the transmission of a program,
   information, code, or command to a computer or computer system-
   
   
   
   "(i) with reckless disregard of a substantial and unjustifiable risk
   that the transmission will-
   
   
   
   "(I) damage, or cause damage to, a computer, computer system, network,
   information, data or program; or
   
   
   
   "(II) withhold or deny or cause the withholding or denial of the use
   of a computer, computer services, system, network, information, data
   or program; and
   
   
   
   "(ii) if the transmission of the harmful component of the program,
   information, code, or command-
   
   
   
   "(I) occurred without the authorization of the persons or entities who
   own or are responsible for the computer system receiving the program,
   information, code, or command; and "(II)(aa) causes loss or damage to
   one or more other persons of a value aggregating $ 1,000 or more
   during any 1-year period; or
   
   
   
   "(bb) modifies or impairs, or potentially modifies or impairs, the
   medical examination, medical diagnosis, medical treatment, or medical
   care of one or more individuals;".
   
   
   
   (c) Penalty .-Section 1030(c) of title 18, United States Code is
   amended-
   
   
   
   (1) in paragraph (2)(B) by striking "and" after the semicolon;
   
   
   
   (2) in paragraph (3)(A) by inserting "(A)" after "(a)(5)";
   
   
   
   (3) in paragraph (3)(B) by striking the period at the end thereof and
   inserting "; and"; and
   
   
   
   (4) by adding at the end the following new paragraph:
   
   
   
   "(4) a fine under this title or imprisonment for not more than 1 year,
   or both, in the case of an offense under subsection (a)(5)(B).".
   
   
   
   (d) Civil Action .-Section 1030 of title 18, United States Code, is
   amended by adding at the end thereof the following new subsection:
   
   
   
   "(g) Any person who suffers damage or loss by reason of a violation of
   the section, other than a violation of subsection (a)(5)(B), may
   maintain a civil action against the violator to obtain compensatory
   damages and injunctive relief or other equitable relief. Damages for
   violations of any subsection other than subsection
   (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic
   damages. No action may be brought under this subsection unless such
   action is begun within 2 years of the date of the act complained of or
   the date of the discovery of the damage.".
   
   
   
   (e) Reporting Requirements .-Section 1030 of title 18 United States
   Code, is amended by adding at the end the following new subsection:
   
   
   
   "(h) The Attorney General and the Secretary of the Treasury shall
   report to the Congress annually, during the first 3 years following
   the date of the enactment of this subsection, concerning
   investigations and prosecutions under section 1030(a)(5) of title 18,
   United States Code.".
   
   
   
   (f) Prohibition .-Section 1030(a)(3) of title 18, United States Code,
   is amended by inserting "adversely" before "affects the use of the
   Government's operation of such computer".