8.102 Damage to a Protected Computer Causing Loss (18 U.S.C. Sec. 1030(a)(5)(C)
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Computer Fraud and Abuse Act. In 1986, Congress passed the Computer Fraud and Abuse Act (CFAA), now codified under Title 18 U.S. Code § 1030. 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.
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.
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.
Criminal Penalties Under the CFAA OffensePenalties (Prison Sentence)Accessing a Computer and Obtaining InformationFirst conviction: Up to one year Second conviction: Up to 10 yearsIntentionally Damaging by Knowing TransmissionFirst conviction: Up to 10 years Second conviction: Up to 20 years4 more rows ?
§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.
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.
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.
