F:\M14\LOFGRE\LOFGRE_014.XML 113H2454 ..................................................................... (Original Signature of Member) H. R. ll 114TH CONGRESS 1ST SESSION To amend title 18, United States Code, to provide for clarification as to the meaning of access without authorization, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Ms. LOFGREN introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To amend title 18, United States Code, to provide for clarification as to the meaning of access without authorization, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Aaron’s Law Act of 5 2015’’. f:\VHLC\041515\041515.242.xml April 15, 2015 (4:58 p.m.) VerDate Nov 24 2008 16:58 Apr 15, 2015 Jkt 000000 (597826 1) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\ECBLOUNT\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LOFGRE~1. F:\M14\LOFGRE\LOFGRE_014.XML 2 1 SEC. 2. CLARIFYING THAT ‘‘ACCESS WITHOUT AUTHORIZA- 2 TION’’ UNDER 18 U.S.C. 1030 MEANS CIR- 3 CUMVENTION 4 RIERS IN ORDER TO GAIN UNAUTHORIZED 5 ACCESS. 6 OF TECHNOLOGICAL BAR- (a) IN GENERAL.—Section 1030(e)(6) of title 18, 7 United States Code, is amended by— 8 9 (1) striking ‘‘exceeds authorized access’’ and all that follows; and 10 11 (2) inserting the following: ‘‘ ‘access without authorization’ means— 12 ‘‘(A) to obtain information on a protected 13 computer; 14 ‘‘(B) that the accesser lacks authorization 15 to obtain; and 16 ‘‘(C) by knowingly circumventing one or 17 more technological or physical measures that 18 are designed to exclude or prevent unauthorized 19 individuals from obtaining that information;’’. 20 (b) CONFORMING AMENDMENT.—Section 1030 of 21 title 18, United States Code, is amended— 22 (1) in subsection (d)(10) by striking ‘‘unauthor- 23 ized access, or exceeding authorized access, to a’’ 24 and inserting ‘‘access without authorization of a pro- 25 tected’’; and f:\VHLC\041515\041515.242.xml April 15, 2015 (4:58 p.m.) VerDate Nov 24 2008 16:58 Apr 15, 2015 Jkt 000000 (597826 1) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\ECBLOUNT\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LOFGRE~1. F:\M14\LOFGRE\LOFGRE_014.XML 3 1 (2) by striking ‘‘exceeds authorized access’’ 2 3 each place it appears. SEC. 3. ELIMINATING REDUNDANCY. 4 Section 1030(a)(4) of title 18, United States Code, 5 is repealed. 6 SEC. 4. MAKING PENALTIES PROPORTIONAL TO CRIMES. 7 Section 1030(c)(2) of title 18, United States Code is 8 amended— 9 (1) in subparagraph (A)— 10 (A) by striking ‘‘conviction for another’’ 11 and inserting ‘‘subsequent’’; and 12 (B) by inserting ‘‘such’’ after ‘‘attempt to 13 commit’’; 14 (2) in subparagraph (B)(i), by inserting after 15 ‘‘financial gain’’ the following: ‘‘and the fair market 16 value of the information obtained exceeds $5,000’’; 17 (3) in subparagraph (B)(ii), by striking ‘‘the of- 18 fense was committed’’ and all that follows through 19 the semicolon, and inserting the following: ‘‘the of- 20 fense was committed in furtherance of any criminal 21 act in violation of the Constitution or laws of the 22 United States or of any State punishable by a term 23 of imprisonment greater than one year, unless such 24 criminal acts are prohibited by this section or such f:\VHLC\041515\041515.242.xml April 15, 2015 (4:58 p.m.) VerDate Nov 24 2008 16:58 Apr 15, 2015 Jkt 000000 (597826 1) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\ECBLOUNT\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LOFGRE~1. F:\M14\LOFGRE\LOFGRE_014.XML 4 1 State violation would be based solely on accessing in- 2 formation without authorization;’’; 3 4 (4) in subparagraph (B)(iii), by inserting ‘‘fair market’’ before ‘‘value’’; and 5 (5) in subparagraph (C)— 6 (A) by striking ‘‘conviction for another’’ 7 and inserting ‘‘subsequent’’; and 8 (B) by inserting ‘‘such’’ after ‘‘attempt to 9 commit’’. f:\VHLC\041515\041515.242.xml April 15, 2015 (4:58 p.m.) VerDate Nov 24 2008 16:58 Apr 15, 2015 Jkt 000000 (597826 1) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\ECBLOUNT\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LOFGRE~1.