Computer Fraud: Trafficking in Passwords

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Multi-State
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US-JURY-11THCIR-O42-4-CR
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Word
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Computer Fraud: Trafficking in Passwords is a form of cybercrime that involves the unauthorized acquisition, sale, or trade of personal information, such as passwords, usernames, or credit card details. It is usually perpetrated through phishing, malware, or social engineering techniques. Trafficking in passwords is often associated with identity theft, as criminals use the stolen credentials to access accounts and obtain valuable personal data. Types of computer fraud: Trafficking in passwords include: phishing scams, malware attacks, key logging, brute force attacks, credential stuffing, and social engineering.

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FAQ

Federal sentencing guidelines recommend a prison sentence of up to 20 years for those convicted of cyber crime offenses. If the offense results in the death of another person, then a defendant convicted of the crime could be sentenced to life in prison. This is irrespective of the type of cyber crime.

Some examples of this include the employee using the company's internet for their personal use, or the user using the company's computer to work on another business that the user has outside of his normal job. In these examples, work hours are being used for personal tasks.

Password trafficking refers to the act of sharing, selling or buying stolen passwords. Criminals can then use these illegally obtained passwords to gain access to the victim's bank account or his personal records.

The CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization, but fails to define what ?without authorization? means. With harsh penalty schemes and malleable provisions, it has become a tool ripe for abuse and use against nearly every aspect of computer activity.

Types of computer fraud include: Distributing hoax emails. Accessing unauthorized computers. Engaging in data mining via spyware and malware. Hacking into computer systems to illegally access personal information, such as credit cards or Social Security numbers.

Cyber-bullying, hacking, identity theft, and even using a work PC for personal business are all examples of computer abuse. While not always enforced, acts that constitute computer abuse was codified in the 1984 Computer Fraud and Abuse Act (CFAA) which is enforceable at the federal level.

The Computer Fraud and Abuse Act (CFAA) was enacted in 1986, as an amendment to the first federal computer fraud law, to address hacking....Provisions of the Computer Fraud & Abuse Act. 18 U.S.C. § 1030. OffenseSectionSentenceTrafficking in Passwords(a)(6)1 yr (10)9 more rows

The Computer Fraud and Abuse Act of 1986 makes it a crime for anyone to access without authorization a computer or computer system used by a financial institution, US government agency, or any organization or individual involved in interstate or foreign commerce or communication.

More info

1 yr (10) ; Extortion Involving Computers. (a)(7). Trafficking in passwords or other means of unauthorized access to a computer; and.The Computer Fraud and Abuse Act—Title 18 USC, Statute 1030 is a law designed to address legal and illegal access to federal and financial IT systems. This law makes it a federal crime to gain unauthorized access to "protected" computers (otherwise known as "hacking") with the intent to defraud or do damage. In 1986, U.S. Congress enacted the Computer Fraud and Abuse Act (CFAA), The CFAA was enacted to combat various types of "computer crime. The CFAA criminalized additional computer-related acts. Congress included in the CFAA a provision criminalizing trafficking in passwords and similar items. Crimes in which the computer is used as an accessory to a crime -- for example, using a computer to store illegally obtained data. Crimes in which the computer is used as an accessory to a crime -- for example, using a computer to store illegally obtained data. Extortion Involving Computers.

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Computer Fraud: Trafficking in Passwords