(numbering is for convenience only, and does not reflect numbering in statute)

1029(a)(10)

Credit Card Fraud

1. Knowingly and with intent to defraud
2. Causes to be presented for payment, or arranges for another person to present for payment
3. 1 or more evidences or records of transactions made by an access device
4. Without the authorization of the credit card member or its agent
5. Thereby affecting interstate or foreign commerce

1029(b)(1)

20 years, fine, and forfeiture for repeat 1029 offenders.

Espionage

See also

18 U.S.C. 793

1. Knowingly accesses a computer without or in excess of authority
2. Obtains information protected by Executive Order or Statute from disclosure due to national defense or foreign relations
3. Obtains this information with reason to believe it could be used to the disadvantage of the U.S., or to the advantage of a foreign nation
4. Willfully communicates, attempts to communicate, or causes communication of this information to any person not entitled to it, or
5. Willfully retains this information and fails to give it to the U.S. officer or employee entitled to receive it

18 U.S.C. 1030(b)

(except for civil suit).

20 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection) [18 U.S.C. 1030 (c) (1) (B)].

Possible civil liability under 18 U.S.C. 1030 (g), to include compensatory damages and injunctive relief, if filed within 2 years.

(a) (2)

Invasion of Data Privacy

1. Intentionally accesses a computer without or in excess of authority
2. Obtains (a) financial or consumer credit information; or (B) any information from a U.S. department or Agency; or (C) information from any "protected computer" if the access involves an interstate or foreign communication

18 U.S.C.

1030(b)

(except for civil suit).

10 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection) [18 U.S.C. 1030 (c) (2) (C)].

5 years and fine, if (i) committed for commercial advantage or private financial gain; (ii) committed in furtherance of any other federal or state criminal or civil law; (iii) value of the information obtained exceeds $5,000 [18 U.S.C. 1030 (c) (2) (B)].

Possible civil liability under 18 U.S.C. 1030 (g), to include compensatory damages and injunctive relief, if filed within 2 years.

(a) (3)

Accessing Government Computers

1. Without authorization ["exceeding authorization" language is not here] to access any nonpublic U. S. computer,
2. Intentionally accesses a nonpublic computer of a U. S. department or agency that (A) is used exclusively for the U. S. government, or (B) is shared but the unauthorized access affects use by or for the government

18 U.S.C. 1030(b)

10 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection)[18 U.S.C. 1030(c)(2)(C).

Possible civil liability under 18 U.S.C. 1030 (g), to include compensatory damages and injunctive relief, if filed within 2 years.

Accessing Internet Computers to Obtain Something of Value

1. Knowingly and with intent to defraud,
2. Accesses a computer used in interstate or foreign commerce, or
3. Accesses a computer used exclusively by a financial institution or the U.S. government, or used non-exclusively by a financial institution or the U.S. government and affecting that use
4. Without or in excess of authority
5. Thereby obtaining anything of "value" other than the use of the computer if valued at under $5,000 in any one year period
   
   
   
6. [Note: Merely observing information may not have "value" according to case law.]

18 U.S.C. 1030(b)

10 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection)[18 U.S.C. 1030 (c)(2)(C)].

Possible civil liability under 18 U.S.C. 1030(g), to include compensatory damages and injunctive relief, if filed within 2 years.

Intentional Damage

1. Knowingly causes the transmission of a program, information, code, or command, and
2. Intentionally causes damage (without authorization)
3. To a computer used in interstate or foreign commerce, a computer used exclusively by a financial institution or the U.S. government, or a computer used non-exclusively by a financial institution or the U.S. government and affecting that use
   
   
   
   
   

[*"Damage" means any impairment to the integrity or availability of data, a program, a system, or information, that: causes $5,000 total loss during one year period; modifies or impairs, or potentially modifies or impairs, an individual's medical examination, diagnosis, treatment or care; causes physical injury to a person; or threatens public health or safety]

18 U.S.C. 1030(b)

"Damage" is required.

See

18 U.S.C. 1030(e)(8).

10 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection)[18 U.S.C. 1030 (c)(2)(C)].

Possible civil liability under 18 U.S.C. 1030(g), to include economic damages, if filed within 2 years.

Unauthorized Access, Reckless Damage

1. Without authorization
2. Intentionally accesses a computer used in interstate or foreign commerce, a computer used exclusively by a financial institution or the U.S. government, or a computer used non-exclusively by a financial institution or the U.S. government and affecting that use

3. Recklessly causes damage

[*"Damage" means any impairment to the integrity or availability of data, a program, a system, or information, that: causes $5,000 total loss during one year period; modifies or impairs, or potentially modifies or impairs, an individual's medical examination, diagnosis, treatment or care; causes physical injury to a person; or threatens public health or safety]

18 U.S.C. 1030(b)

"Damage" is required.

See

18 U.S.C. 1030(e)(8).

10 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection)[18 U.S.C. 1030(c)(2)(C)].

Possible civil liability under 18 U.S.C. 1030(g), to include economic damages, if filed within 2 years.

Unauthorized Access, Negligent Damage

1. Without authorization
2. Intentionally accesses a computer used in interstate or foreign commerce, a computer used exclusively by a financial institution or the U.S. government, or a computer used non-exclusively by a financial institution or the U.S. government and affecting that use
3. Causes damage (negligence sufficient).

[*"Damage" means any impairment to the integrity or availability of data, a program, a system, or information, that: causes $5,000 total loss during one year period; modifies or impairs, or potentially modifies or impairs, an individual's medical examination, diagnosis, treatment or care; causes physical injury to a person; or threatens public health or safety]

18 U.S.C. 1030(b)

"Damage" is required.

See

18 U.S.C. 1030(e)(8).

10 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection)[18 U.S.C. 1030(c)(2)(C)].

Possible civil liability under 18 U.S.C. 1030(g), to include compensatory damages and injunctive relief, if filed within 2 years.

Trafficking in Computer Passwords

1. Knowingly and with intent to defraud
2. Transfers or otherwise disposes of to another (or obtains with intent to transfer or dispose of) any password or similar information
3. Through which a computer used by or for the U.S. government may be accessed without authorization; or, through which any other computer may be accessed without authorization if the transfer affects interstate or foreign commerce.

18 U.S.C. 1030(b)

10 years and fine for repeat 1030 offenders (convicted under any 1030(a) subsection)[18 U.S.C. 1030(c)(2)(C)].

Possible civil liability under 18 U.S.C. 1030(g), to include compensatory damages and injunctive relief, if filed within 2 years.

Extortion

[see also 18 U.S.C. 872 for extortion by government employees]

1. Transmits in interstate or foreign commerce
2. Any communication containing a threat to cause damage to a protected computer
3. With intent to extort anything of value

18 U.S.C. 1030(b)

10 years and fine, for repeat 1030 offenders (convicted under any 1030(a) subsection)[18 U.S.C. 1030(c)(2)(C)].

Civil liability under 18 U.S.C. 1030(g), to include compensatory damages and injunctive relief.

Counterfeiting and Forgery

Threats Made in Interstate or Foreign Commerce to Use Fire or Explosives

1. Willfully makes a threat, or maliciously conveys information knowing it to be false (e.g., false alarm or bomb scare), about an attempt or alleged attempt to kill, injure or intimidate anyone or damage anything, by use of fire or explosives
2. Through any instrument of interstate or foreign commerce (e.g., mail, telephone, Internet) or affecting interstate or foreign commerce

Interstate Communications: Including Threats, Kidnapping, Ransom, Extortion

1. Transmits in interstate or foreign commerce
2. Any communication containing: a demand for ransom; threat to kidnap or injure a person; or, with intent to extort, threat to injure property, reputation, or accuse another of a crime.

5 years and fine (for threats to kidnap or injure a person without intent to extort).

2 years and fine (for threats against property or reputation with intent to extort).

Counterfeit Access Devices

1. Knowingly and with intent to defraud
2. Produces, uses or traffics in
3. One or more counterfeit access devices
4. Affecting interstate or foreign commerce

1029(b)(1)

20 years, fine, and forfeiture for repeat 1029 offenders.

Unauthorized Access Devices

1. Knowingly and with intent to defraud
2. Produces, uses or traffics in
3. One or more counterfeit access devices
4. Affecting interstate or foreign commerce

20 years, fine, and forfeiture for repeat 1029 offenders.

Unauthorized Access Devices

1. Knowingly and with intent to defraud
2. Uses or traffics in
3. One or more unauthorized access devices
4. During any one-year period
5. Obtaining at least $1,000 in value during that same one-year period
6. Thereby affecting interstate or foreign commerce

20 years, fine, and forfeiture for repeat 1029 offenders.

Possession of Access Devices

1. Knowingly and with intent to defraud
2. Possesses fifteen or more
3. Counterfeit or unauthorized access devices
4. Thereby affecting interstate or foreign commerce

20 years, fine, and forfeiture for repeat 1029 offenders.

Device-making Equipment

1. Knowingly and with intent to defraud
2. Produces, traffics in, has control or custody of, or possesses
3. Device-making equipment
4. Thereby affecting interstate or foreign commerce

20 years, fine, and forfeiture for repeat 1029 offenders.

Misuse of Access Device Issued to Another

1. Knowingly and with intent to defraud
2. Causes transactions to receive at least $1,000 worth of value
3. During any one year period
4. Using 1 or more access devices issued to another person
5. Thereby affecting interstate or foreign commerce

20 years, fine, and forfeiture for repeat 1029 offenders.

Solicitation to Offer or Sell Access Devices

1. Knowingly and with intent to defraud
2. Solicits a person for the purpose of offering an access device or
3. Solicits a person for the purpose of selling information regarding, or an application to obtain, an access device
4. Without the authorization of the issuer of the access device

20 years, fine, and forfeiture for repeat 1029 offenders.

Modified or Altered Telecommunication Devices

1. Knowingly and with intent to defraud
2. Uses, produces, traffics in, has control or custody of, or possesses
3. A telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services
4. Thereby affecting interstate or foreign commerce

20 years, fine, and forfeiture for repeat 1029 offenders.

Scanning Receivers

1. Knowingly and with intent to defraud
2. Uses, produces, traffics in, has control or custody of, or possesses
3. A scanning receiver
4. Thereby affecting interstate or foreign commerce

20 years, fine, and forfeiture for repeat 1029 offenders.

Phone Phreaking

1. Knowingly
2. Uses, produces, traffics in, has control or custody of, or possesses
3. Hardware or software know it is configured to insert or modify telecommunications identifying information
4. So that the telecommunications instrument may be used to obtain unauthorized service
5. Thereby affecting interstate or foreign commerce

1029(b)(1)

20 years, fine, and forfeiture for repeat 1029 offenders.

Gambling

1. While engaged in the business of betting or wagering
2. Knowingly uses a wire communication system to transmit in interstate or foreign commerce
3. Bets or betting information on any sporting event or contest
4. Or a communication that entitles the recipient to receive money or credit as a result of betting
5. Unless the transmission is from and to a place where betting is legal

Fraud by Wire, Radio or Television

1. For the purpose of executing a scheme to defraud
2. Causes the transmission of a wire, radio or television communication in interstate or foreign commerce

30 years and $1,000,000 if fraud affects a financial institution [possible enhanced penalties for telemarketing fraud under 18 U.S.C. 2326 of added 5 to 10 years].

Injury to Government Property

1. Willfully or maliciously
2. Injures or commits any depredation against
3. Property of the U.S. government, or property being made for the U.S. government

1 year and fine if damage or attempted damage is $1,000 or less.

Government Communication Systems

1. Willfully or maliciously damages, or in any way interferes with, any communications property that is
2. Operated or controlled by the U.S., or used or intended for use by U.S. military or civilian defense functions

18 U.S.C. 1362

Economic Espionage Act

1. Without authority takes, copies or alters a trade secret, or fraudulently obtains a trade secret, or knowingly obtains a stolen or improperly obtained trade secret, or attempts or conspires to do the same
2. Intending or knowing that a foreign government, foreign instrumentality, or foreign agent will thereby benefit

For organizations, fine up to $10,000,000.

Trade Secrets Act

1. Without authority takes, copies or alters a trade secret, or fraudulently obtains a trade secret, or knowingly obtains a stolen or improperly obtained trade secret, or attempts or conspires to do the same
2. Intending or knowing that the trade secret owner will be injured
3. With intent to convert a trade secret that is related to or included in a product produced for or placed in interstate or foreign commerce
4. To the economic benefit of anyone other than the trade secret owner

For organizations, fine up to $5,000,000.

Hobbs Act Extortion

1. Obstructs, delays or in any way affects commerce
2. By robbery or extortion, or attempts or conspires to do the same, or
3. Commits or threatens physical violence to any person or property in furtherance of a plan or purpose to obstruct, delay or affect commerce

Racketeering

1. Makes use of interstate or foreign commerce
2. With intent to distribute the proceeds of any unlawful activity, or
3. With intent to commit any crime of violence to further any unlawful activity, or
4. With intent to otherwise promote, manage, establish, carry on, or facilitate the same for, any unlawful activity,
5. And then performs or attempts to perform one of those intended acts

20 years and fine for crimes of violence that do not result in death.

5 years and fine for remaining offenses.

Gambling: Interstate Transportation of Wagering Paraphernalia

1. Except for common carriers in the usual course of their business,
2. Except for newspapers or similar publications,
3. Except where such gambling is legal,
4. Knowingly carrying or sending in interstate or foreign commerce
5. Most anything that is used, could be used, or could be adapted for use in bookmaking, sporting event wagering pools, or in a numbers, policy, bolita or similar game

Sexual Exploitation of Children (Including Child Pornography)

1. See statutes for 10 or so distinct offenses that can be perpetrated using a computer and fall under the category of sexual exploitation of children.
   
   
   

Note Supreme Court decision in Reno v. ACLU, 117 S.Ct. 2329 (1997) (partially invalidating 47 U.S.C. 223(a), (d) as unconstitutional)

[17 U.S.C. 506(a)(1)]

Copyright

1. Willfully infringes a copyright
2. For purposes of commercial advantage or private financial gain

1 year and fine, otherwise.

[17 U.S.C. 506(a)(2)]

Copyright

1. Willfully infringes a copyright
2. By the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000

1 year and fine for reproduction or distribution of 1 or more copies of copyrighted material having a total retail value of more than $1,000.

Trademark

1. Intentionally traffics or attempts to traffic in goods or services
2. Knowingly using a counterfeit mark on, or in connection with, such goods or services

20 years and $5,000,000 fine for repeat 2320 offenders.

$5,000,000 fine (other than an individual) for first-time 2320 offenders.

$15,000,000 fo repeat 2320 offenders.

Illegal Wiretaps

1. Except as authorized within the statute (e.g., service provider exception, consent exception, law enforcement Title III or Pen/Trap & Trace orders)
2. Intentionally intercepting, endeavoring to intercept, or procuring another to intercept or endeavor to intercept
3. Any wire, oral, or electronic communication

Illegal Wiretaps

1. Except as authorized within the statute (e.g. service provider exception, consent exception, law enforcement Title III or Pen/Trap & Trace orders)
2. Intentionally using, endeavoring to use, or procuring another to use or endeavor to use
3. Any electronic , mechanical or other device
4. To intercept any oral communication
5. If the device is affixed to, or transmits signals through, a wire communication connection; or, if the device transmits communications by radio or interferes with a radio transmission; or, if the device is reasonably known to have been sent through interstate or foreign commerce; or,
6. If such device is used or endeavored to be used on the premises of a business whose operations affect interstate or foreign commerce; or, if such device obtains or is for the purpose of obtaining information relating to the operations of any business whose operations affect interstate or foreign commerce

Disclosing Contents of Illegal Wiretap

1. Except as authorized within the statute (e.g., service provider exception, consent exception, law enforcement Title III or Pen/Trap & Trace orders)
2. Intentionally discloses, or endeavors to disclose, the contents of any wire, oral, or electronic communication
3. Knowing or with reason to know that the information was unlawfully intercepted

Using Contents of Illegal Wiretap

1. Except as authorized within the statute (e.g., service provider exception, consent exception, law enforcement Title III or Pen/Trap & Trace orders)
2. Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication
3. Knowing or with reason to know that the information was unlawfully intercepted

Disclosing Authorized Government Wiretap in Order to Obstruct Justice

1. Intentionally discloses, or endeavors to disclose
2. The contents of any wire, oral, or electronic communication
3. Lawfully obtained by the government (e.g., under Title III, FISA, undercover operations)
4. Intending to obstruct, impede or interfere with an authorized criminal investigation, knowing that the information was obtained in a criminal investigation, and having received the information in connection with a criminal investigation

Accessing Voice Mail or E-mail

1. Obtaining, altering or preventing authorized access to unopened voice mail and unopened e-mail
2. By intentionally accessing without authorization a facility through which an electronic communication service is provided, or intentionally exceeding authorized access to that facility

1 year and fine, for first offense, if committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain.

6 months and fine if not committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain.

Harassment

Note Supreme Court decision in Reno v. ACLU, 117 S.Ct. 2329 (1997) (partially invalidating 47 U.S.C. 223(a), (d) as unconstitutional)

1. In interstate or foreign communication,
2. Making a telephone call, or utilizing a telecommunications device, whether or not conversation or communication ensues, without disclosing identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;
3. Making or causing the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number, or making repeated telephone calls initiating communication with a telecommunications device, during which conversation or communication ensues, solely to harass any person at the called number or who receives the communication