The Volokh Conspiracy - Recent Computer Crime Legislation -- The Actual Text, So You Can Read It Yourself:

I wanted to blog a bit about some recent computer crime legislation that Congress passed, but I realized that my instinct was to summarize the bill in my own words. As we know from the ReadtheBill movement, that's just lazy: If you really care about democracy, you want to read the actual bill. So here's the actual language of the Section of the bill I wanted to point out:

(a) In General- Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)--(A) by striking subparagraph (B); and(B) in subparagraph (A)--(i) by striking '(A)(i) knowingly' and inserting '(A) knowingly';(ii) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and(iii) in subparagraph (C), as so redesignated--(I) by inserting 'and loss' after 'damage'; and(II) by striking '; and' and inserting a period;(2) in subsection (c)--(A) in paragraph (2)(A), by striking '(a)(5)(A)(iii),';(B) in paragraph (3)(B), by striking '(a)(5)(A)(iii),'; '(4)(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of-- '(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)-- '(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; '(II) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;'(III) physical injury to any persons; '(IV) a threat to public health or safety;'(V) damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or '(VI) damage affecting 10 or more protected computers during any 1-year period; or '(ii) an attempt to commit an offense punishable under this subparagraph; '(B) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of--'(i) an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or '(ii) an attempt to commit an offense punishable under this subparagraph; '(C) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of-- '(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or '(ii) an attempt to commit an offense punishable under this subparagraph; '(D) a fine under this title, imprisonment for not more than 10 years, or both, in the case of-- '(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or '(ii) an attempt to commit an offense punishable under this subparagraph; '(E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both; '(F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or '(G) a fine under this title, imprisonment for not more than 1 year, or both, for--'(i) any other offense under subsection (a)(5); or '(ii) an attempt to commit an offense punishable under this subparagraph.'; and (D) by striking paragraph (5); and (3) in subsection (g)-- (A) in the second sentence, by striking 'in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)' and inserting 'in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)'; and (B) in the third sentence, by striking 'subsection (a)(5)(B)(i)' and inserting 'subsection (c)(4)(A)(i)(I)'. (b) Conforming Changes- Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking '1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v)' and inserting '1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI)'.

Interesting, isn't it? I don't really have anything to say about it that isn't obvious from the text, but I thought you might want to read the text for yourself so you can understand what Congress did. It's always good to read the bill.

	[Orin Kerr, September 23, 2009 at 9:39pm] Trackbacks Recent Computer Crime Legislation -- The Actual Text, So You Can Read It Yourself: I wanted to blog a bit about some recent computer crime legislation that Congress passed, but I realized that my instinct was to summarize the bill in my own words. As we know from the ReadtheBill movement, that's just lazy: If you really care about democracy, you want to read the actual bill. So here's the actual language of the Section of the bill I wanted to point out: (a) In General- Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)--(A) by striking subparagraph (B); and(B) in subparagraph (A)--(i) by striking '(A)(i) knowingly' and inserting '(A) knowingly';(ii) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and(iii) in subparagraph (C), as so redesignated--(I) by inserting 'and loss' after 'damage'; and(II) by striking '; and' and inserting a period;(2) in subsection (c)--(A) in paragraph (2)(A), by striking '(a)(5)(A)(iii),';(B) in paragraph (3)(B), by striking '(a)(5)(A)(iii),'; '(4)(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of-- '(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)-- '(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; '(II) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;'(III) physical injury to any persons; '(IV) a threat to public health or safety;'(V) damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or '(VI) damage affecting 10 or more protected computers during any 1-year period; or '(ii) an attempt to commit an offense punishable under this subparagraph; '(B) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of--'(i) an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or '(ii) an attempt to commit an offense punishable under this subparagraph; '(C) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of-- '(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or '(ii) an attempt to commit an offense punishable under this subparagraph; '(D) a fine under this title, imprisonment for not more than 10 years, or both, in the case of-- '(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or '(ii) an attempt to commit an offense punishable under this subparagraph; '(E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both; '(F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or '(G) a fine under this title, imprisonment for not more than 1 year, or both, for--'(i) any other offense under subsection (a)(5); or '(ii) an attempt to commit an offense punishable under this subparagraph.'; and (D) by striking paragraph (5); and (3) in subsection (g)-- (A) in the second sentence, by striking 'in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)' and inserting 'in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)'; and (B) in the third sentence, by striking 'subsection (a)(5)(B)(i)' and inserting 'subsection (c)(4)(A)(i)(I)'. (b) Conforming Changes- Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking '1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v)' and inserting '1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI)'. Interesting, isn't it? I don't really have anything to say about it that isn't obvious from the text, but I thought you might want to read the text for yourself so you can understand what Congress did. It's always good to read the bill.