PUBLIC LAW 104-294—OCT. 11, 1996 110 STAT. 3491 tions, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if— "(A) the owner thereof has taken reasonable measures to keep such information secret; and "(B) the information derives independent economic value, actual or potential, from not being generally known to, £mid not being readily ascertainable through proper means by, the public; and "(4) the term 'owner', with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed.". (b) CLERICAL AMENDMENT.— The table of chapters at the beginning part I of title 18, United States Code, is amended by inserting after the item relating to chapter 89 the following: "90. Protection of trade secrets 1831". (c) REPORTS.— Not later than 2 years and 4 years after the 42 USC 10604 date of the enactment of this Act, the Attorney General shall i^ote. report to Congress on the amounts received and distributed from fines for offenses under this chapter deposited in the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601). SEC. 102. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS. Section 2516(l)(c) of title 18, United States Code, is amended by inserting "chapter 90 (relating to protection of trade secrets)," after "chapter 37 (relating to espionage),". TITLE II—NATIONAL INFORMATION INFRASTRUCTURE PROTECTION ACT OF 1996. SEC. 201. COMPUTER CRIME. Section 1030 of title 18, United States Code, is eunended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking "knowingly accesses" and inserting "having knowingly accessed; (ii) by striking "exceeds" and inserting "exceeding"; (iii) by striking "obtains information" and inserting "having obtained information"; (iv) by striking "the intent or"; (v) by striking "is to be used" and inserting "could be used"; and (vi) by inserting before the semicolon at the end the following: "willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to commimicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to 29-194O-96 - 14:QL3Part5
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