8,100 Intentional Damage to a Protected Computer (18 U.S.C. Sec. 1030(a)(5)(A)) is a federal crime that occurs when an individual knowingly and willfully damages a computer, computer system, or computer network that is used in interstate or foreign commerce or communication, including computers used in the U.S. Postal Service or in a financial institution. This crime is punishable by a fine and/or imprisonment and can include the following types of actions: • Hacking or accessing a computer without authorization • Introducing malicious code or malware into a computer system • Destroying or altering computer data or software • Accessing a computer system for the purpose of fraud or theft • Distributing viruses or other destructive software • Interfering with the operation of a computer system • Spamming or sending unsolicited emails.
8.100 Intentional Damage to a Protected Computer (18 U.S.C. Sec. 1030(a)(5)(A))
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The Computer Fraud and Abuse Act (18 U.S.C. § 1030) (CFAA) imposes criminal and civil liability for unauthorized access or damage to a protected computer. The law reaches every computer connected to the internet and non-networked computers used by the US government or financial institutions.
Unauthorized computer access, popularly referred to as hacking, describes a criminal action whereby someone uses a computer to knowingly gain access to data in a system without permission to access that data. Hacking is illegal under both California and federal law, and can result in heavy penalties.
In addition to imposing criminal penalties, the CFAA provides a private, civil cause of action for persons or entities harmed by a perpetrator's unauthorized access.
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.
1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud.
§1030. Fraud and related activity in connection with computers. (C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and loss.
Federal law provides that first time offenders caught violating the CFAA may be punished with criminal fines of up to $5,000 per crime, imprisonment from 1 to 10 years, or a combination of both.