; or (B) accessed a nongovernmental computer without authorization; and (2) the sole basis for the Government determining that access to the nongovernmental computer was unauthorized, or in excess of authorization, was that the defendant violated a contractual obligation or agreement with a service provider or employer, such as an acceptable use policy or terms of service agreement. . 103. Authority to shut down botnets (a) Amendment Section 1345 of title 18, United States Code, is amended— (1) in the heading, by inserting and abuse after fraud ; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subparagraph (C), by inserting or after the semicolon; and (iii) by inserting after subparagraph (C) the following: (D) violating section 1030(a)(5) where such conduct would damage (as defined in section 1030), 100 or more protected computers (as defined in section 1030) during any 1-year period, including by denying access to or operation of the computers, installing unwanted software on the computers, using the computers without authorization, or obtaining information from the computers without authorization; ; and (B) in paragraph (2), by inserting , a violation of section 1030(a)(5) as described in subsection (a)(1)(D), before or a Federal ; (3) in subsection (b), by adding , except in the case of a person violating section 1030(a)(5) in the manner described in subsection (a)(1)(D), before take such other action ; and (4) by adding at the end the following: (c) A restraining order or prohibition described in subsection (b), if issued in circumstances described in subsection (a)(1)(D)— (1) may only authorize action that solely affects persons violating section 1030 in the manner described in subsection (a)(1)(D); and (2) may, upon application of the Attorney General— (A) specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action