UCMJ Article 123: Offenses Concerning Government Computers
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Article 123 punishes three kinds of misconduct involving a computer owned or operated by or for the U.S. Government: accessing it with an unauthorized purpose to obtain classified information and passing that information to someone not entitled to it (up to 10 years); accessing it with an unauthorized purpose and obtaining classified or other protected information (up to 5 years); and intentionally damaging it by transmitting a program, code, or command (up to 10 years). Each carries a dishonorable discharge and forfeiture of all pay and allowances.
Three offenses in § 923
Under 10 U.S.C. § 923(a), a person subject to the UCMJ commits the offense who:
- “knowingly accesses a Government computer, with an unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used to the injury of the United States, or to the advantage of any foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it”;
- “intentionally accesses a Government computer, with an unauthorized purpose, and thereby obtains classified or other protected information from any Government computer”; or
- “knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer.”
A “Government computer” is “a computer owned or operated by or on behalf of the United States Government” (§ 923(b)(2)).
Outsiders and insiders
“With an unauthorized purpose” covers both people with no authorization at all (“outsiders”) and people with authorization who access a Government computer for an improper purpose or exceed their authorization (“insiders”) (Manual for Courts-Martial (2024 ed.), Part IV, ¶ 69.c(2)). It may also refer to an unauthorized purpose combined with an authorized one.
The Manual names the test: “The key criterion to determine criminality is whether the person intentionally used the computer for a purpose that was clearly contrary to the interests or intent of the authorizing party.” A member with legitimate access to a system can still commit the offense by using that access for a clearly unauthorized purpose.
What “access,” “computer,” and “damage” mean
- Access means to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with the logical, arithmetical, or memory function resources of a computer, system, or network (¶ 69.c(1)).
- Computer follows 18 U.S.C. § 1030 and excludes an automated typewriter or typesetter and a portable hand-held calculator. The Manual adds: “A portable computer, including a smartphone, is a computer” (¶ 69.c(6)).
- Damage follows 18 U.S.C. § 1030: “any impairment to the integrity or availability of data, a program, a system, or information” (¶ 69.c(5)).
Classified and protected information
Classified information is defined in 10 U.S.C. § 801(15): information an official has determined, under law, executive order, or regulation, requires protection against unauthorized disclosure for national security reasons, and restricted data under the Atomic Energy Act.
“Protected information” reaches beyond classified material. The Manual lists personally identifiable information (PII), Controlled Unclassified Information (CUI) designated by the Secretary of Defense, and information designated For Official Use Only (FOUO), Law Enforcement Sensitive (LES), Unclassified Nuclear Information (UCNI), and Limited Distribution (¶ 69.c(4)). Pulling unclassified PII from a Government system with an unauthorized purpose can therefore fall under the second offense.
5 or 10 years depending on the conduct
From ¶ 69.d:
| Offense | Maximum |
|---|---|
| Unauthorized distribution of classified information obtained from a Government computer | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Unauthorized access and obtaining classified or other protected information | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Causing damage to a Government computer | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
Espionage and card fraud are separate articles
Communicating, or attempting to communicate, information relating to the national defense to a foreign government, faction, or military force, or its agent, “with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation,” is espionage under Article 103a. Using a stolen or unauthorized account number to obtain money or property is Article 121a.
Sources
- 10 U.S.C. § 923, Article 123, Offenses concerning Government computers (Cornell LII)
- 10 U.S.C. § 801, Article 1, Definitions (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 69
General information about military law, not legal advice for any individual case.