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Laws on Computer Hacking

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    Intent to Breach National Security

    • 18 U.S.C. § 1030 (a)(1) makes it illegal to access a computer and obtain information on national defense, foreign relations or any other topic covered by the Atomic Energy Act of 1954. It applies to treason and espionage cases.

    Financial Computer Systems

    • Unauthorized access to financial records or consumer credit information or a federal computer involved in interstate trade is illegal per 18 U.S.C. § 1030 (a)(2). This legislation effectively makes it a crime to access any financial institution or government computer without authorization with intent to obtain financial information.

    Federal Computers

    • In addition to providing protection against fraud in the previous section, 18 U.S.C. § 1030 (a)(3) makes it illegal to gain unauthorized access to any federal computer regardless of the motivation.

    Using a Computer for Fraud

    • 18 U.S.C. § 1030 (a)(4) makes it illegal for unauthorized use of a computer to perform any act of fraud. Simple cyberspace trespass is covered, although trespassers must be involved in gaining access to a computer whose time is calculated at more than $5,000 in value for a one-year period.

    Malicious Code

    • The creation of worms and other destructive malware is made illegal by 18 U.S.C. § 1030 (a)(5). Using worms, Trojans or other forms of malicious code to damage computers, records or information systems, including medical records, becomes a felony when more than $5,000 of damage is caused.

    Trafficking in Passwords

    • The trafficking of passwords, whether used to gain access or not, for financial and federal computers is prohibited by 18 U.S.C. § 1030 (a)(6).

    Attempts at Extortion

    • 18 U.S.C. § 1030 (a)(7) prohibits issuing threats against computer systems or their data through any means of communication.

    Electronic Communications Privacy Act

    • The Electronic Communications Privacy Act made it illegal to intercept or otherwise listen in to transmitted data without authorization. This includes email, web traffic and all other forms of online data transfer.

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