Page:United States Statutes at Large Volume 108 Part 3.djvu/346

 108 STAT. 2098 PUBLIC LAW 103~322-TMSEPT. 13, 1994 "(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" afl^r the semicolon; (2) in paragraph (3)(A) by inserting "(A)" afl^er "(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) CrviL 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)(iiXII)(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.".

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