Maximum punishment

(1) Unauthorized distribution of classified information obtained from Government computer: DD, TF, 10 years, E-1. (Category 3)

(2) Unauthorized access of Government computer and obtaining classified or other protected information: DD, TF, 5 years, E-1. (Category 2)

(3) Causing damage to Government computer: DD, TF, 10 years, E-1. (Category 3)

b. SAMPLE SPECIFICATIONS:

Unauthorized Distribution of Classified Information Obtained from a Government Computer:

In that __________ (personal jurisdiction data), did, (at/on board—location), (on or about __________) (from about _____ to about ____), knowingly access a government computer with an unauthorized purpose and obtained classified information, to wit: ____________, with reason to believe the information could be used to injure the United States or benefit a foreign nation, and intentionally (communicated) (delivered) (transmitted) (caused to be communicated/delivered/transmitted) such information to __________, a person not entitled to receive it.

Accessing a Computer and Obtaining Information:

In that __________ (personal jurisdiction data), did, (at/on board—location), (on or about __________) (from about ____ to about ____), intentionally access a government computer with an unauthorized purpose and thereby knowingly obtained (classified) (protected) information, to wit: ____________, from such government computer.

Causing Damage by a Computer Contaminant:

In that __________ (personal jurisdiction data), did, (at/on board—location), (on or about __________) (from about __________ to about __________), knowingly cause the transmission of a program, information, code, or command, and as a result, intentionally and without authorization caused damage to a government computer.

Elements

Unauthorized Distribution of Classified Information Obtained from a Government Computer:

(1) That (state the time and place alleged), the accused knowingly accessed a Government computer with an unauthorized purpose;

(2) That the accused, thereby, obtained classified information, to wit: (__________);

(3) That the accused had reason to believe the information could be used to the injury of the United States or to the advantage of any foreign nation; and

(4) That the accused intentionally (communicated) (delivered) (transmitted) (caused to be communicated/delivered/transmitted) such information to ___________, a person not entitled to receive it.

Unauthorized Distribution of Classified Information Obtained from a Government Computer:

(1) That (state the time and place alleged), the accused intentionally accessed a Government computer with an unauthorized purpose; and

(2) That the accused thereby obtained classified or other protected information, to wit: (__________), from any such Government computer.

Causing Damage to a Government Computer:

(1) That (state the time and place alleged), the accused knowingly caused the transmission of a program, information, code, or command; and;

(2) That the accused, as a result, intentionally and without authorization, caused damage to a Government computer.

Definitions & other instructions

“Government computer” means a computer owned or operated by or on behalf of the United States Government.

“Computer” 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. A portable computer, including a smart phone, is a computer under this definition. However, such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.

(“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, computer system, or computer network.)

(“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, that is, “outsiders,” as well as persons with authorization who access government computers for an improper purpose or who exceed their authorization, that is, “insiders.” The key criterion to determine “unauthorized purpose” is whether the person intentionally used the computer for a purpose that was clearly contrary to the interests or intent of the authorizing party.)

(“Classified information” means (A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and (B) any restricted data, which means, all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to applicable law. “National security” means the national defense and foreign relations of the United States.)

(“Protected information” includes non-classified Personally Identifiable Information (PII), 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 Information (UCNI), and Limited Distribution.)

(“Damage” means any impairment to the integrity or availability of data, a program, a system, or information.)