08-3187 Volume Appendix15.pdf - Medical Supply Chain

598. The USA PATRIOT Act reaffirmed the civil liability and private rights of action provisions of 18
U.S.C.§1030 (e) DAMAGES IN CIVIL ACTIONS- to include civil liability for any person may maintain
a civil action for damages and injunctive relief.
599. 18 U.S.C.§1030 provides:
18 U.S.C.§1030. Fraud and related activity in connection with computers
Whoever - knowingly and with intent to defraud, accesses a protected
computer without authorization, or exceeds authorized access, and
by means of such conduct furthers the intended fraud and obtains
anything of value,
(5)
(iii) intentionally accesses a protected computer without
authorization, and as a result of such conduct, causes damage;
and
(B) by conduct described in clause (i), (ii), or (iii) of
subparagraph (A), caused (or, in the case of an attempted
offense, would, if completed, have caused) -
(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
(iii) physical injury to any person;
(iv) a threat to public health or safety;
(g) Any person who suffers damage or loss by reason of a
violation of this section may maintain a civil action against the
violator to obtain compensatory damages and injunctive relief or
other equitable relief. A civil action for a violation of this
section may be brought only if the conduct involves 1 of the
factors set forth in clause (i), (ii), (iii), (iv), or (v) of
subsection (a)(5)(B). Damages for a violation involving only
conduct described in subsection (a)(5)(B)(i) are limited to
economic damages. No action may be brought under this subsection
unless such action is begun within 2 years of the date of the act
complained of or the date of the discovery of the damage.”
600. The USA PATRIOT Act) Pub. L. No. 107-56 (2001), 115 Stat. 272. at § 351 modified 31 U.S.C. §
5318 (g)(3) to eliminate immunity from civil liability for malicious suspicious activity reporting:
“(g) Reporting of suspicious transactions.--
In General.-The Secretary may require any financial institution, and any director, officer, employee,
or agent of any financial institution, to report any suspicious transaction relevant to a possible
violation of law or regulation.
* *
Liability for disclosures.--
In general.-Any financial institution that makes a voluntary disclosure of any possible violation of
law or regulation to a government agency or makes a disclosure pursuant to this subsection or any
other authority, and any director, officer, employee, or agent of such institution who makes, or
requires another to make any such disclosure, shall not be liable under law or regulation of the
United States, any constitution, law, or regulation of any State or political subdivision of any State,
or under any contract or other legally enforceable agreement (including any arbitration agreement),
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