Sec. 103. Authority to shut down botnets
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/bill/114/hr/2977/ih/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1345 of title 18, United States Code, is amended— in the heading, by inserting after and abuse ; fraud in subsection (a)— in paragraph (1)— in subparagraph (B), by striking or at the end; in subparagraph (C), by inserting or after the semicolon; and by inserting after subparagraph
(C)the following: violating section 1030(a)(5) where such conduct would damage (as defined in section 1030), 100 or more protected computers (as defined in section 1030) during any 1-year period, including by denying access to or operation of the computers, installing unwanted software on the computers, using the computers without authorization, or obtaining information from the computers without authorization; ; and in paragraph (2), by inserting , a violation of section 1030(a)(5) as described in subsection (a)(1)(D), before or a Federal ; in subsection (b), by adding , except in the case of a person violating section 1030(a)(5) in the manner described in subsection (a)(1)(D), before take such other action ; and by adding at the end the following: A restraining order or prohibition described in subsection (b), if issued in circumstances described in subsection (a)(1)(D)— may only authorize action that solely affects persons violating section 1030 in the manner described in subsection (a)(1)(D); and may, upon application of the Attorney General— specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action; and provide that the United States shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order, prohibition, or other action. There are authorized to be appropriated to the Department of Justice, the Department of Homeland Security, and the Department of the Treasury such sums as are necessary to implement this section, including payments made by the United States of a fee for reimbursement. . The table of section for chapter 63 is amended by striking the item relating to section 1345 and inserting the following: 1345. Injunctions against fraud and abuse. .