Tuesday, November 25, 2003

Watergate II: Electric Boogaloo

Link:

Hatch, who had initially ridiculed the allegations, also said a former staffer "may also have been involved," but declined to identify either person by name.

...

Hatch had suggested that the memos had been turned over to the news media by a "conscience-stricken" Democratic staffer.


(title thanks to peskyfly)

...

18 U.S.C. 1030(a)(3):

"Whoever intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States shall be punished as provided in subsection (c) of this section."

18 U.S.C. 1030(c)(2)(A):

"The punishment for an offense under subsection (a) ... of this section is ... a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection ... (a)(3) ... of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph ...."

(thanks to jpn)

UPDATE: reader rl writes in:


I think you're focusing on the wrong part of section 1030. I think it will be difficult to show that the theft of these items "affected" THE USE OF THE COMPUTER by the Government.

However, 18 USC 1030(a)(2) fits this perfectly:

"Whoever . . . intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains . . . information from any department or agency of the United States" commits a crime.

"Department or Agency of the United States" is defined in the statute as including "the legislative . . . branch of government."

The penalty for violating 1030(a)(2) can be five years if "the offense was committed in furtherance of any . . . tortious act in violation of the Constitution or law of the United States or of any State."