12 2 STA T .356 1 PUBLIC LA W 11 0– 326 — S E PT. 26 , 200 8SEC.20 2.C RIM I NAL RES T IT U TI O N. Section36 63 (b) o f tit l e 18,U nite d St a te sC ode, is a m ended — (1) in p a r a g rap h ( 4 ),b y stri k ing ‘ ‘
and ’ ’ and inserting a semicolon; ( 2 ) in paragraph ( 5 ), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the follo w ing
‘‘(6) in the case of an offense u nder sections 1 0 28(a)( 7 ) or 1028 A (a) of this title, pay an amount e q ual to the v alue of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense . ’’. SEC. 20 3 . ENSURIN GJ URIS D ICTION O V ERT H E THE F T OF SENSITIVE IDENTIT Y INFORMATION. Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ‘‘if the conduct involved an interstate or foreign commu - nication’’. SEC. 20 4 . MALICIOUS S P Y W ARE , HAC K ING AND KEYLOGGERS. (a) INGE NE RAL .—Section 1030 of title 18, United States Code, is amended— (1) in subsection (a)(5)— (A) by striking subparagraph ( B ); and (B) in subparagraph (A)— (i) by striking ‘‘(A)(i) knowingly’’ and inserting ‘‘(A) knowingly’’; (ii) by redesignating clauses (ii) and (iii) as sub- paragraphs (B) and (C), respectively; and (iii) in subparagraph (C), as so redesignated— (I) by inserting ‘‘and loss’’ after ‘‘damage’’; and (II) by striking ‘‘; and’’ and inserting a period; (2) in subsection (c)— (A) in paragraph (2)(A), by striking ‘‘(a)(5)(A)(iii),’’; (B) in paragraph (3)(B), by striking ‘‘(a)(5)(A)(iii),’’; (C) by amending paragraph (4) to read as follows: ‘‘(4)(A) e x cept as provided in subparagraphs ( E )and( F ), a fine under this title, imprisonment for not more than 5 years, or both, in the case of— ‘‘(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)— ‘‘(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecu- tion, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggre- gating at least $ 5,000 in value; ‘‘(II) the modification or impairment, or potential modification or impairment, of the medical examina- tion, diagnosis, treatment, or care of 1 or more individ- uals; ‘‘(III) physical in j ury to any person; ‘‘(I V ) a threat to public health or safety;
�
