Sec. 306. Stopping trafficking in botnets; fraud and related activity in connection with computers
1,070 words·~5 min read·
/bill/117/s/1245/is/section-306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1030 of title 18, United States Code, is amended— in subsection (a)— by striking paragraph
(2)and inserting the following: intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information, if— the conduct was undertaken in furtherance of any felony violation of the laws of the United States or of any State, unless an element of such violation would require proof that the information was obtained without authorization or in excess of authorization; or the protected computer is owned or operated by or on behalf of a State or local governmental entity responsible for the administration of justice, public health, or safety, or owned or operated by or on behalf of the United States Government; or intentionally accesses a computer without authorization, and thereby obtains information from any protected computer; ; by striking paragraph
(6)and inserting the following: knowing such conduct to be wrongful, intentionally traffics in any password or similar information, or any other means of access, further knowing or having reason to know that a protected computer would be accessed or damaged without authorization in a manner prohibited by this section as the result of such trafficking; ; in paragraph (7), by adding or at the end; and by inserting after paragraph
(7)the following: intentionally traffics in the means of access to a protected computer, if— the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to— damage a protected computer without authorization; or violate section 1037 or 1343; ; in subsection (c)— in paragraph (2), by striking , (a)(3), or (a)(6) each place it appears and inserting or (a)(3) ; in paragraph (3)— in subparagraph (A), by striking (a)(4) or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; and in subparagraph (B), by striking (a)(4), or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; and in paragraph (4)— in subparagraph (C)(i), by striking or an attempt to commit an offense ; and in subparagraph (D), by striking clause
(ii)and inserting the following: an offense, or an attempt to commit an offense, under subsection (a)(6); ; in subsection (e)— by striking paragraph
(6)and inserting the following: the term exceeds authorized access means— to access a computer with authorization and thereby to knowingly obtain information from such computer that the accessor is not entitled to obtain; or to knowingly obtain any information from such computer for a purpose that is prohibited by the computer owner; and provided that the limitation on access to or use of the information is not based solely on the terms governing use of an online service by customers or subscribers thereof, including terms set forth in an acceptable use policy or terms of service; ; by striking paragraph (10); by redesignating paragraphs
(11)and
(12)as paragraphs
(10)and (11), respectively; in paragraph (10), as so redesignated, by striking and ; in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and by adding at the end the following: the term online service — means an electronic communication service (as defined in section 2510) to the public, a remote computing service (as defined in section 2711), or other service that provides content or computing services to the public over the Internet; and does not include an enterprise service; the term enterprise service means any electronic communication service (as defined in section 2510) to the public, remote computing service (as defined in section 2711), or other service that provides content or computing services to the public for which the user, customer, or subscriber has paid, or on whose behalf has been paid, more than $10,000 in a calendar year in exchange for the right to access or use the service; and the term traffic , except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value. ; in subsection (g), in the first sentence, by inserting , except for a violation of subsection (a)(6), after of this section ; and by striking subsections
(i)and
(j)and inserting the following: The court, in imposing a sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained or retained, directly or indirectly, as a result of such violation. Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), other than subsection
(d)thereof, shall apply to criminal forfeitures under this subsection. The following shall be subject to forfeiture to the United States in accordance with chapter 46, and no property right shall exist in them: Any property, real or personal, used or intended to be used, in any manner— to commit, or facilitate the commission of, a violation of this section; or in a conspiracy to violate this section. Any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained in connection with or as a result of— a violation of this section; or a conspiracy to violate this section. Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 that apply to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. . Section 7431(e)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraph
(B)and inserting subparagraph (B)(iii) .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 306
Stopping trafficking in botnets; fraud and related activity in connection with computers
Cites 1Cited by 0 across 0 sources