Computer underground Digest Sun Feb 6, 1994 Volume 6 : Issue 13 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe (Improving each day) Acting Archivist: Stanton McCandlish Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Coppice Editor: P. Bunyan CONTENTS, #6.13 (Feb 6, 1994) File 1--Proposed Computer Crime Amendment (HR 3355) File 2--"DIGITAL WOES" by Wiener (Book Review) File 3--Review: "Computer Viruses, Artificial Life & Evolution" File 4--A Guide to Technological Disasters to Come File 5--New AIDS BBS File 6--1994-01-26 Notice of NII Advisory Council Open Meeting File 7--Anti-Clipper Petition from CPSRClipper Petition Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically. 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EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893; In ITALY: Bits against the Empire BBS: +39-461-980493 ANONYMOUS FTP SITES: AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD. EUROPE: ftp.funet.fi in pub/doc/cud. (Finland) UNITED STATES: aql.gatech.edu (128.61.10.53) in /pub/eff/cud etext.archive.umich.edu (141.211.164.18) in /pub/CuD/cud ftp.eff.org (192.88.144.4) in /pub/Publications/CuD halcyon.com( 202.135.191.2) in mirror2/cud ftp.warwick.ac.uk in pub/cud (United Kingdom) KOREA: ftp: cair.kaist.ac.kr in /doc/eff/cud COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted for non-profit as long as the source is cited. Authors hold a presumptive copyright, and they should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Fri, 4 Feb, 1994 22:12:32 EST From: CuD Moderators Subject: File 1--Proposed Computer Crime Amendment (HR 3355) ((MODERATORS' NOTE: We're periodically asked about "that new law that makes virus writing illegal." We know of no such piece of specific legislation, although malicious destruction of systems by viruses and other means are currently covered in most state and federal computer crime statutes. We assume the question refers to the computer crime section of the proposed federal "Crime Bill" (Formerly HR 3355, now S-1607). Following is the text of the amendment)). TITLE XXVI--COMPUTER CRIME Sec 26.01. COMPUTER ABUSE AMENDMENTS ACT OF 1993 (a) SHORT TITLE.--This title may be cited as the "Computer Abuse Amendments Act of 1993." (b) PROHIBITION.--Section 1030(a)(5) of title 18, United States Code, is amended to read as follows: "(5)(A) through means of a computer used in interstate commerce or communications, knowingly causes the transmission of a program, information, code, or command to a computer or computer system if-- "(i) the person causing the transmission intends that such 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 or network, information, data or program; and "(ii) the transmission of the harmful component of the program, information, code, or command-- (491) "(I) occurred without the knowledge and 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 value aggregating $1,000 or more during any1-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 (492) "(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 knowledge and 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" after the semicolon; (493) (2) in paragraph (3)(A) by inserting "(A)" after "(a)(5); and (3) in paragraph (3)(B) by striking the period at the end thereof and inserting "; and"; and (4) by adding at the end thereof the following: "(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) CIVIL 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)(ii)(II)(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.". (e) REPORTING REQUIREMENTS.--Section 1030 of title 18 United States Code, is amended by adding at the end thereof the following new subsection: (494) "(h) The Attorney General and the Secretary of the Treasury shall report to the Congress annually, during the first 3 years following the date of the enactment of this subsection, concerning investigations and prosecutions under section 1030(aa)(5)of title 18, United States Code". (f) PROHIBITION.--Section 1030(a)(3) of title 18 United States Code, is amended by inserting "adversely" before "affects the use of the Government's operation of such computer." =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ + END THIS FILE + +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=