Page:United States Statutes at Large Volume 112 Part 1.djvu/80

 112 STAT. 54 PUBLIC LAW 105-172—APR. 24, 1998 "(C) in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offense. "(2) FORFEITURE PROCEDURE.— The forfeiture of property under this section, including any seizure and disposition of the property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled Substances Act, except for subsection (d) of that section.". (2) ATTEMPTS. — Section 1029(b)(1) of title 18, United States Code, is amended by striking "punished as provided in subsection (c) of this section" and inserting "subject to the same penalties as those prescribed for the offense attempted". (c) DEFINITIONS.— Section 1029(e)(8) of title 18, United States Code, is amended by inserting before the period "or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument". (d) APPLICABILITY OF NEW SECTION 1029(a)(9).— (1) IN GENERAL.— Section 1029 of title 18, United States Code, is amended by adding at the end the following: "(g)(1) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that ceirrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier. "(2) In a prosecution for a violation of subsection (a)(9), (other than a violation consisting of producing or trafficking) it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in for research or development in connection with a lawful purpose.". (2) DEFINITIONS. —Section 1029(e) of title 18, United States Code, is amended— (A) by striking "and" at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting a semicolon; and (C) by striking the period at the end of paragraph (8); and (D) by adding at the end the following: "(9) the term 'telecommunications service' has the meaning given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153); "(10) the term 'facilities-based carrier' means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934; and "(11) the term 'telecommunication identifying information' means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.".

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