PUBLIC LAW 104-294—OCT. 11, 1996 110 STAT. 3493 "(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2), if— "(i) the offense was committed for purposes of commercial advantage or private financial gain; "(ii) the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State; or "(iii) the value of the information obtedned exceeds $5,000;"; and (iv) in subparagraph (C) (as redesignated)— (I) by striking "such subsection" and inserting "this section"; and (II) by adding "and" at the end; (C) in paragraph (3)— (i) in subparagraph (A)— (I) by striking "(a)(4) or (a)(5)(A)" and inserting " (a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)"; and (II) by striking "such subsection" and inserting "this section"; and (ii) in subparagraph (B)— (I) by striking "(a)(4) or (a)(5)" and inserting " (a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)"; and (II) by striking "such subsection" and inserting "this section"; and (D) by striking paragraph (4); (3) in subsection (d), by inserting "subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of before "this section."; (4) in subsection (e)— (A) in paragraph (2)— (i) by striking "Federal interest" and inserting "protected"; (ii) in subparagraph (A), by striking "the use of the financial institution's operation or the Government's operation of such computer" and inserting "that use by or for the financial institution or the Government"; and (iii) by striking subparagraph (B) and inserting the following: "(B) which is used in interstate or foreign commerce or communication;"; (B) in paragraph (6), by striking "and" at the end; (C) in paragraph (7), by striking the period at the end and inserting "; and"; and (D) by adding at the end the following new paragraphs: "(8) the term 'damage' means any impairment to the integrity or availability of data, a progrson, a system, or information, that— "(A) causes loss aggregating at least $5,000 in value during any l-year period to one or more individuals; "(B) mocfifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals; "(C) causes physical injury to any person; or "(D) threatens public health or safety; and
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