18 U.S.C. § 1030, known as the Computer Fraud and Abuse Act (CFAA), is a federal statute that criminalizes various forms of computer hacking. This includes unauthorized access, damage to computer systems, and theft of information.
The law, with its severe penalties, considers it a federal offense to access "protected" computers without permission or to go beyond authorized access to commit fraud or cause harm. The range of penalties, from misdemeanors for less serious offenses to life imprisonment for the most serious violations, serves as a stark reminder of the consequences of cybercrime.
Simply put, this federal law bans unauthorized access, like hacking into a computer without permission, and the unauthorized use of authorized access to steal or change info you're not allowed to.
It also forbids accessing a computer without approval to commit fraud, intentionally damaging a computer or its data, selling or sharing passwords to commit fraud, and threatening to harm a computer or steal or reveal data.
A 'protected' computer, as defined by the CFAA, is any computer involved in or influencing interstate or foreign commerce or communication. This broad definition also includes unauthorized access, where a person with permission to access the computer then obtains or changes information they are not entitled to.
Key Takeaways
- In 1986, Congress enacted the Computer Fraud and Abuse Act (CFAA) under 18 U.S. Code § 1030, criminalizing unauthorized access to "protected" computers—called "hacking"—done to defraud, commit malicious acts, or cause damage.
- Computer hacking is a form of cybercrime that involves gaining unauthorized access to a computer system to steal or modify data.
- Many internet crimes involving theft and fraud often entail hacking into private business networks.
- Computer hacking and internet crimes often cross state lines because the computers are in different states, enabling federal prosecution.
- The federal nature of the law is a testament to the seriousness and national scope of cybercrime.
- The federal crime of computer hacking is typically prosecuted under the Computer Fraud and Abuse Act, ensuring a consistent and unified approach to combating cyber threats across the country.
- In federal computer hacking cases, it often involves unauthorized access to a U.S. Government or business computer system with the specific purpose of committing fraud, gaining something valuable, or causing harm.
- While most computer hacking cases are handled in local state criminal courts, certain situations allow a federal prosecutor to file charges.
- A perpetrator doesn't need to actually carry out the hacking to be arrested, charged, and convicted in a federal computer hacking case.
What are the Associated Crimes?
Crimes related to 1the federal computer hacking statute include conspiracy to commit hacking, distributing confidential data, sending spam emails, and unlawfully accessing stored communications.
The federal hacking law is seen as a "gap-filling" statute, meaning it doesn't comprehensively cover all cybercrimes. Instead, 18 U.S.C. § 1030 aims to address gaps and close loopholes left by other laws related to computers, including, but not limited to:
- 18 U.S.C. § 1028 - identity theft,
- 18 U.S.C. § 1029 - credit card fraud,
- 18 U.S.C. § 1341 - mail fraud,
- 18 U.S.C. § 1343 - wire fraud,
- 18 U.S.C. § 1344 - bank fraud,
- 18 U.S.C. § 472 - counterfeiting,
- 18 U.S.C. § 372 - conspiracy.
Consequently, many individuals accused of hacking might also be prosecuted for breaking other federal laws mentioned earlier.
What Defines a Protected Computer?
Most computers are regarded as "protected" under 18 U.S.C. § 1030. The law categorizes "protected computers" into the following groups:
- Government computers,
- Computers utilized by banking and financial institutions,
- Computers that impact government or financial institutions; and
- Computers that are utilized in or impact interstate or foreign commerce and communications.
Under these definitions, besides computers used by banks and the federal government, nearly any computer connected to the Internet can be classified as a "protected" computer—meaning hacking is a federal offense.
What Activities Are Considered Illegal Hacking?
Under the federal hacking law, the activities listed below are illegal hacking offenses.
- Simple hacking, also known as "computer trespassing," of a government computer,
- A form of hacking that illegally accesses or retrieves protected government, financial, commercial, or credit data, including everything from national security secrets to consumers' private banking details,
- Causing harm to a protected computer, usually via viruses, malware, or similar methods,
- Using a secured computer to commit fraud,
- Threatening to harm a protected computer, such as via ransomware,
- Stealing passwords for protected computers,
- Using a computer to carry out espionage, such as spying unlawfully.
As noted earlier, the law makes it a crime to commit, conspire to commit, or attempt to commit these acts. Therefore, even if you try to hack into a computer and do not succeed, you have still committed a federal offense.
How the Federal Government Penalizes Hacking Crimes
A federal hacking conviction can lead to various penalties, including fines and imprisonment, based on factors such as the seriousness of the crime, the value of the stolen information, and whether it is the offender's first offense.
For minor cyber-trespassing offenses that cause little damage, a first-time offender may be imprisoned for up to 1 year. More serious offenses can lead to 5 to 10 years in prison, and up to 20 years if there are previous convictions. Additionally, you could be fined up to $10,000.
There are also sentencing enhancements, such as when computer hacking is committed to facilitate another crime, such as credit card fraud or identity theft.
Defending Yourself Against Hacking Charges
Although the federal government treats cybercrime as a serious matter, a knowledgeable federal criminal defense lawyer can often effectively defend against federal hacking charges.
The federal prosecutor bears the burden of proof and must demonstrate all elements of the crime beyond a reasonable doubt to secure a conviction. In a computer hacking case, they need to have evidence showing that you knowingly and intentionally hacked a computer.
Because the prosecution must prove intent to commit computer fraud, we could argue that there was none —for example, by accidentally clicking an email attachment that introduces malware into a computer network.
Furthermore, if law enforcement or investigators breach procedures when collecting evidence, or if the evidence fails to establish guilt beyond a reasonable doubt, a skilled attorney may be able to have the charges dismissed due to a violation of the Fourth Amendment of the U.S. Constitution.
Other possible defenses against federal computer hacking charges include claiming you did not illegally access the computer or that you genuinely believed you had permission to do so. Additionally, we might argue that someone else accessed your computer and committed the hacking, or that you are falsely accused.
Negotiating a favorable plea deal or even case dismissal with the federal prosecutor might be achievable. For more information, contact the Hedding Law Firm in Los Angeles, CA.
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