IN GENERAL.—Any person subject to this chapter who—

knowingly accesses a Government computer, with an unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used to the injury of the United States, or to the advantage of any foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it;

intentionally accesses a Government computer, with an unauthorized purpose, and thereby obtains classified or other protected information from any such Government computer; or

knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer; shall be punished as a court-martial may direct.

DEFINITIONS.—In this section:

The term “computer” has the meaning given that term in section 1030 of title 18.

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

The term “damage” has the meaning given that term in section 1030 of title 18.

That the accused knowingly accessed a Government computer with an unauthorized purpose;

That the accused obtained classified information;

That the accused had reason to believe the information could be used to injure the United States or benefit a foreign nation; and

That the accused intentionally communicated, delivered, transmitted, or caused to be communicated, delivered, or transmitted, such information to any person not entitled to receive it.

That the accused intentionally accessed a Government computer with an unauthorized purpose; and

That the accused thereby obtained classified or other protected information from any such Government computer.

That the accused knowingly caused the transmission of a program, information, code, or command; and

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

“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.

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 determine 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.

See 10 U.S.C. § 801(15).

Non-classified protected information includes 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.

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.

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 portable hand held calculator, or other similar device. A portable computer, including a smartphone, is a computer.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

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 __), 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.

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 __), intentionally access a government computer with an unauthorized purpose and thereby knowingly obtained (classified) (protected) information, to wit:______ from such 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 __), 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.