11th Cir. Pattern Jury Instr. (Criminal) O42.4

Trafficking in Passwords

18 U.S.C. § 1030(a)(6)(A) or (B)

It’s a Federal crime for anyone – knowingly and with intent to defraud – to

traffic in any password that will enable a person to access a computer without

permission.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant trafficked in a computer password without

permission;

(2) the Defendant intended to defraud someone; and

(3) the Defendant's acts [affected interstate commerce] [involved

access to a computer used by or for the United States

Government].

A “computer” is any high -speed data -processing device that can perform

logical, arithmetic, or storage functions, including any data -storage facility or

communications facility that is directly related to or operates in conjunction with

the device.

To “traffic” in a computer password is to transfer the password to someone

else or to get it with the intent to transfer it to someone else, either with or without

any financial interest in the transfer.

The “intent to defraud” is the specific intent to deceive or cheat someone,

usually for personal financial gain or to cause financial loss to someone else.

The term “interstate commerce” refers to any transaction or event that

involves travel, trade, transportation or communication between a place in one

state and a place in another state.

The term “foreign commerce” refers to any transaction or event that involves

travel, trade, transportation or communication between a place in the United States

and a place outside the United States.

[The Government claims that the Defendant’s acts affected interstate

commerce because the Defendant [used interstate telephone or Internet facilities in

committing the alleged offense]. If you find that the Government has proved

beyond a reasonable doubt that the Defendant did the acts claimed, then you may

find that interstate commerce was affected.]