Page 573 - Trump Executive Orders 2017-2021
P. 573

10276        Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents


                       (a) That the accused knowingly caused the transmission of a program, information, code,
                  or command; and
                       (b) That the accused, as a result, intentionally and without authorization caused damage to
                  a Government computer.
                  c. Explanation.
                    (1) Access. "Access" means to gain entry to, instruct, cause input to, cause output from, cause
                  data processing with, or communicate with, the logical, arithmetical, or memory function
                  resources of a computer.
                    (2) With an unauthorized purpose. The phrase "with an unauthorized purpose" may refer to
                  more than one unauthorized purpose, or an unauthorized purpose in conjunction with an
                  authorized purpose. The phrase covers persons accessing Government computers without any
                  authorization, i.e., "outsiders," as well as persons with authorization who access Government
                  computers for an improper purpose or who exceed their authorization, i.e., "insiders." The key
                  criterion to detennine criminality is whether the person intentionally used the computer for a
                  purpose that was clearly contrary to the interests or intent of the authorizing party.
                    (3) Class{{ted Information. See  10 U.S. C.  § 801 (15).
                    (4) Protected !t?formalion.  Non-classified protected information includes Personally
                 Identifiable Infonnation (PIT), as well  as information designated as Controlled Unclassified
                 Information (CUI) by the Secretary of Defense, and information designated as For Official Use
                  Only (FOUO), Law Enforcement Sensitive (LES), Unclassified Nuclear lnfonnation (UCNI),
                  and Limited Distribution.
                    (5) Damage.  The definition of"damage" is taken from  18  U.S. C.  § 1030 and means any
                 impairment to the integrity or availability of data, a program, a system, or information.
                    (6) Computer.  The definition of"computer" is taken from  18 U.S.C. § 1030 and means an
                  electronic, magnetic, optical, electrochemical, or other high speed data processing device
                  performing logical, arithmetic, or storage functions, and includes any data storage facility or
                  communications facility directly related to or operating in conjunction with such device, but such
                 term does not include an automated typewriter or typesetter, a pmiable hand held calculator, or
                  other similar device. A portable computer, including a smartphone, is a computer.
                  d. Maximum punishment.
                    (1) Unauthorized distribution of classified il!formation obtained from a Government
                 computer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10
                 years.
                    (2) Unauthorized access ~fa Government computer and obtaining classified or other
                 protected ir?formation.  Dishonorable discharge, forfeiture of all pay and allowances, and
                  confinement for 5 years.
                    (3) Causing damage to a Government computer. Dishonorable discharge, forfeiture of all pay
                  and allowances, and confinement for 10 years.
                  e. Sample specification
                        ( 1) Unauthorized distribution of classified iliformation obtained from a Government
                 computer.
                               In that            (personal jurisdiction data), did (at/on board-location),
                  (subject-matter jurisdiction data, if required), (on or about __ 20 _)(from about __ to
                  about __ 20 _j, knowingly access a government computer with an unauthorized purpose and
                  obtained classified infonnation, to wit:  __ , with reason to believe the infonnation could be
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                 used to injure the United States or benefit a foreign nation, and intentionally (communicated)


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