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36.1 Computer Fraud Injury To United States 18 USC § 10 30(a)(1) Title 18, United States Code, Section 1030(a)(1), makes it a Federal crime or offense for anyone to knowingly access a computer without authorization to obtain secret information to be used to the injury of the United States or to the advantage of any foreign nation. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly accessed a computer [without authorization] [in excess of the Defendant' s authorization]; Second: That the Defendant thereby obtained [information that had been determined by the United States Government to require protection against unauthorized disclosure for reasons of national defense or foreign relations] [data regarding the design, manufacture or use of atomic weapons]; and Third: That the Defendant obtained such [information] [data] with t he intent, or reason to believe, that it was to be used to the injury of the United States or to the advantage of any foreign nation. The term "computer" means an electric, 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. [The term " exceeds authorized access" means to access a computer with authorization and to use such access to obtain or alter information in the computer that the person gaining access is not entitled so to obtain or alter.] If it is proved beyond a reasonable doubt that the Defendant knowingly obtained the [secret information] [restricted data] without authorization and with the intent or reason to believe that it would be used to the injury of the Unit ed States or to the advantage or any foreign nation, then the crime is complete. The Government does not have to prove that such [information] [data] was in fact thereafter used to the injury of the United States or to the advantage of any foreign nation. ANNOTATIONS AND COMMENTS 18 USC § 10 30 (a)(1) provides: (a) Whoever - - (1) knowingly accesses a computer without authorization or exceeds authorized access, and by means of such conduct obtains information that has been determined by the Unit ed States Government pursuant to an Executive order or statute to require protect ion against unauthorized disclosure for reasons of national defense or foreign relations, or any restrict ed data, as defined in paragraph y of section 11 of the Atomic Energy Act of 1 954, with the intent or reason to believe that such information so obtained is to be used to the injury of the United States, or to the advantage of any foreign nation [shall be punished as provided in subsection (c) of this section]. Maximum Penalty: Ten (10) years imprisonment and applicable fine. The Atomic Energy Act defines " Restricted Data" as " all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) t he product ion of special nuclear material; or (3) t he use of special nuclear material in the product ion of energy, but shall not include data declassified or removed from the restricted Data category pursuant t o section 2 16 2 of this title." 42 USC § 20 14 (y). The Senate Judiciary Committee emphasized that "obtains information" in this context includes mere observation of the data. " Actual as potation, in the sense of physically removing the data from its original location or transcribing the data, need not be proved in order to establish a violation of t his subsection." S.Rep. 99 -43 2, at 6 -7 (1986), reprinted in 1986 U.S.C.C.A.N. 2479, 2484.