Page 573 - Trump Executive Orders 2017-2021

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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