Page:United States Statutes at Large Volume 122.djvu/3586

 12 2 STA T .356 3 PUBLIC LA W 11 0– 326 — S E PT. 26 , 200 8resulting in dam age as de f ined in 103 0 ( a ) ( 5 )( B )(ii) t h r o ugh ( v ) ’ ’ and inserting ‘ ‘1030(a)(5)( A ) resulting in damage as defined in 1030( c )( 4 )(A)(i)( I I) through ( V I)’’ .SEC.205 .C YB E R- E XTO RT I O N . S ection 1030(a)( 7 )oftitle1 8,U nited States C ode, is amended to read as follo w s

‘‘(7) with intent to e x tort from an yp erson any money or other thing of value, transmits in interstate or foreign com - merce any communication containing any — ‘‘(A) threat to cause damage to a protected computer ‘‘(B) threat to o b tain information from a protected com- puter without authori z ation or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or ‘‘(C) demand or re q uest for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;’’. SEC. 20 6 . CONS P IR A CYTOCO M MIT CYBER-CRIMES. Section 1030(b) of title 18, United States Code, is amended by inserting ‘‘conspires to commit or’’ after ‘‘ W hoever’’. SEC. 20 7 . U SEO F FU L L INTERSTATE AN D FOREI G N COMMERCE PO W ER FOR CRIMINAL PENALTIES. Section 1030(e)( 2 )(B) of title 18, United States Code, is amended by inserting ‘‘or affecting’’ after ‘‘which is used in’’. SEC. 20 8 . FORFEITURE FOR SECTION 1 0 3 0 V IOLATIONS. Section 1030 of title 18, United States Code, is amended by adding at the end the following: ‘‘(i)(1) T he court, in imposing 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— ‘‘(A) such person’s interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ‘‘(B) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation. ‘‘(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any j udicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive D rug Abuse P revention and Control Actof1 9 70 (21 U.S.C. 853), except subsection (d) of that section. ‘‘(j) F or purposes of subsection (i), the following shall be subject to forfeiture to the United States and no property right shall exist in them: ‘‘(1) Any personal property used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section. ‘‘(2) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this section, or a conspiracy to violate this section’’. Realpro per ty. Real property. C o u rt s .

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