F:\M13\LOFGRE\LOFGRE_004.XML [DISCUSSION DRAFT] JANUARY 15, 2013 H. R. ll 113TH CONGRESS 1ST SESSION To amend title 18, United States Code, to exclude certain violations of agreements or contractual obligations, relating to Internet service, from the purview of certain criminal prohibitions, 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 exclude certain violations of agreements or contractual obligations, relating to Internet service, from the purview of certain criminal prohibitions, 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 ''lllllll Act 5 of 2013''. f:\VHLC\011513\011513.053.xml January 15, 2013 (11:44 a.m.) VerDate Nov 24 2008 11:44 Jan 15, 2013 Jkt 000000 (540131|2) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\DOCUMENTS AND SETTINGS\DBELLIS3\APPLICATION DATA\SOFTQUAD\XMETAL\5. F:\M13\LOFGRE\LOFGRE_004.XML 2 1 SEC. 2. ELIMINATION OF CERTAIN VIOLATIONS OF AGREE- 2 MENTS OR CONTRACTUAL OBLIGATIONS, RE- 3 LATING TO INTERNET SERVICE, FROM THE 4 PURVIEW OF CERTAIN CRIMINAL PROHIBI- 5 TIONS. 6 (a) FRAUD AND RELATED ACTIVITY IN CONNECTION 7 WITH COMPUTERS.--Section 1030(e)(6) of title 18, 8 United States Code, is amended by striking ''alter;'' and 9 inserting the following: ''alter, but does not include access 10 in violation of an agreement or contractual obligation, 11 such as an acceptable use policy or terms of service agree12 ment, with an Internet service provider, Internet website, 13 or employer, if such violation constitutes the sole basis for 14 determining that access to a protected computer is unau15 thorized;''. 16 (b) FRAUD BY WIRE, RADIO, OR TELEVISION.--Sec- 17 tion 1343 of title 18, United States Code, is amended by 18 inserting after the first sentence the following: ''A viola19 tion of an agreement or contractual obligation regarding 20 Internet or computer use, such as an acceptable use policy 21 or terms of service agreement, with an Internet service 22 provider, Internet website, or employer is not in itself a 23 violation of this section.''. f:\VHLC\011513\011513.053.xml January 15, 2013 (11:44 a.m.) VerDate Nov 24 2008 11:44 Jan 15, 2013 Jkt 000000 (540131|2) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\DOCUMENTS AND SETTINGS\DBELLIS3\APPLICATION DATA\SOFTQUAD\XMETAL\5.