Laws on Computer Hacking
- Even "victimless" hacking can land a computer user in hot water.computer being attacked by bugs image by patrimonio designs from Fotolia.com
The foundation for nearly all computer hacking related laws, the Computer Fraud and Abuse Act passed in 1984 made it illegal for persons to access computers and systems exceeding their security allowance or bypassing security measures. Set out in 18 U.S.C. § 1030, the statute has been amended to encompass several different types of hacking. - 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 18 U.S.C. § 1030 (a)(7) prohibits issuing threats against computer systems or their data through any means of communication.
- 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.
Intent to Breach National Security
Financial Computer Systems
Federal Computers
Using a Computer for Fraud
Malicious Code
Trafficking in Passwords
Attempts at Extortion
Electronic Communications Privacy Act
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