MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.

SEC. 204. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.(a) In General.—Section 1030 of title 18, United States Code, is amended—(1) in subsection (a)(5)—(A) by striking subparagraph (B); and(B) in subparagraph (A)—(i) by striking “(A)(i) knowingly” and inserting “(A) knowingly”;(ii) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and(iii) in subparagraph (C), as so redesignated—(I) by inserting “and loss” after “damage”; and(II) by striking “; and” and inserting a period;(2) in subsection (c)—(A) in paragraph (2)(A), by striking “(a)(5)(A)(iii),”;(B) in paragraph (3)(B), by striking “(a)(5)(A)(iii),”;(C) by amending paragraph (4) to read as follows:“(4)(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of—“(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)—“(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;“(II) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;“(III) physical injury to any person;“(IV) a threat to public health or safety;122 STAT. 3562“(V) damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or“(VI) damage affecting 10 or more protected computers during any 1-year period; or“(ii) an attempt to commit an offense punishable under this subparagraph;“(B) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of—“(i) an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or“(ii) an attempt to commit an offense punishable under this subparagraph;“(C) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of—“(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or“(ii) an attempt to commit an offense punishable under this subparagraph;“(D) a fine under this title, imprisonment for not more than 10 years, or both, in the case of—“(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or“(ii) an attempt to commit an offense punishable under this subparagraph;“(E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both;“(F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or“(G) a fine under this title, imprisonment for not more than 1 year, or both, for—“(i) any other offense under subsection (a)(5); or“(ii) an attempt to commit an offense punishable under this subparagraph.”; and(D) by striking paragraph (5); and(3) in subsection (g)—(A) in the second sentence, by striking “in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)” and inserting “in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)”; and(B) in the third sentence, by striking “subsection (a)(5)(B)(i)” and inserting “subsection (c)(4)(A)(i)(I)”.(b) Conforming Changes.—Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking “1030(a)(5)(A)(i) 122 STAT. 3563 resulting in damage as defined in 1030(a)(5)(B)(ii) through (v)” and inserting “1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI)”.