Kings New York Jury Instruction - Computer Fraud - Causing Damage To Computer Or Program

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Kings New York Jury Instruction — Computer Frau— - Causing Damage To Computer Or Program is a set of guidelines provided to the jury in a trial related to computer fraud cases involving damage to a computer or computer program. These instructions are specific to the jurisdiction of Kings County, New York. Computer fraud refers to the illegal activities carried out through unauthorized access, use, or tampering with computer systems or networks. This jury instruction focuses specifically on cases where the defendant is accused of causing damage to a computer or computer program during the commission of computer fraud. In Kings County, New York, there may be different types of jury instructions pertaining to Computer Fraud — Causing Damage To Computer Or Program, depending on the specific circumstances of the case. Some of these instructions may include: 1. Unauthorized Access: This instruction would be applicable when the defendant gained access to a computer or computer program without authorization and caused damage intentionally or recklessly. The jury would need to consider the evidence presented to determine the defendant's intent and their actions. 2. Malware or Virus Attacks: This instruction would be relevant if the defendant knowingly introduced malicious software, such as viruses or malware, into a computer or computer program, resulting in damage or impairment of its normal functionality. The jury would need to assess the defendant's actions and their impact on the targeted system. 3. Denial of Service (DoS) Attacks: If the defendant is accused of launching a DoS attack, this instruction would guide the jury's understanding of the case. A DoS attack involves flooding a computer or network with excessive requests, leading to its disruption or impairment. The jury would evaluate the defendant's involvement, intent, and the resulting damage caused. 4. Data Manipulation or Destruction: This instruction would be relevant when the defendant intentionally altered, deleted, or destroyed data stored in a computer or computer program. The jury would need to assess the defendant's actions, their intent, and the consequences of data manipulation or destruction. These are just a few examples of the possible variations of Kings New York Jury Instruction — Computer Frau— - Causing Damage To Computer Or Program. The actual instructions provided to the jury would depend on the specifics of each case, the evidence presented, and the legal arguments put forth by both the prosecution and defense.

Kings New York Jury Instruction — Computer Frau— - Causing Damage To Computer Or Program is a set of guidelines provided to the jury in a trial related to computer fraud cases involving damage to a computer or computer program. These instructions are specific to the jurisdiction of Kings County, New York. Computer fraud refers to the illegal activities carried out through unauthorized access, use, or tampering with computer systems or networks. This jury instruction focuses specifically on cases where the defendant is accused of causing damage to a computer or computer program during the commission of computer fraud. In Kings County, New York, there may be different types of jury instructions pertaining to Computer Fraud — Causing Damage To Computer Or Program, depending on the specific circumstances of the case. Some of these instructions may include: 1. Unauthorized Access: This instruction would be applicable when the defendant gained access to a computer or computer program without authorization and caused damage intentionally or recklessly. The jury would need to consider the evidence presented to determine the defendant's intent and their actions. 2. Malware or Virus Attacks: This instruction would be relevant if the defendant knowingly introduced malicious software, such as viruses or malware, into a computer or computer program, resulting in damage or impairment of its normal functionality. The jury would need to assess the defendant's actions and their impact on the targeted system. 3. Denial of Service (DoS) Attacks: If the defendant is accused of launching a DoS attack, this instruction would guide the jury's understanding of the case. A DoS attack involves flooding a computer or network with excessive requests, leading to its disruption or impairment. The jury would evaluate the defendant's involvement, intent, and the resulting damage caused. 4. Data Manipulation or Destruction: This instruction would be relevant when the defendant intentionally altered, deleted, or destroyed data stored in a computer or computer program. The jury would need to assess the defendant's actions, their intent, and the consequences of data manipulation or destruction. These are just a few examples of the possible variations of Kings New York Jury Instruction — Computer Frau— - Causing Damage To Computer Or Program. The actual instructions provided to the jury would depend on the specifics of each case, the evidence presented, and the legal arguments put forth by both the prosecution and defense.

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FAQ

Computer Fraud and Abuse Act of 1984 - Amends the Federal criminal code to establish a federal offense of using a computer without authorization or using a computer with authorization for unauthorized purposes with the intent to execute a scheme to defraud, if such conduct obtains: (1) anything of value aggregating

§ 1030), which had been included in the Comprehensive Crime Control Act of 1984. The law prohibits accessing a computer without authorization, or in excess of authorization. Prior to computer-specific criminal laws, computer crimes were prosecuted as mail and wire fraud, but the applying law was often insufficient.

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. Sending computer viruses or worms with the intent to destroy or ruin another party's computer or system.

Computer Fraud & Abuse Act The CFAA essentially states that, whoever intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer if the conduct involved an interstate or foreign communication shall be punished under the Act.

What Causes People to Commit Online Fraud? As new computer technologies become available, online fraud is also becoming more and more common. According to Information Technology security experts, the main reasons why people commit online fraud are pleasure, opportunity, greed, and rationalization.

Some of the common crimes linked to computer or internet usage include: Identity theft. Wire fraud. Website defacement. Cyber-stalking. Phishing. Hacking.

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

For computer fraud to occur, the person must have access and entered a protected computer that is usually not his or her own. This device is usually owned or in a company building or in a private area such as a home. Some protected computers do provide limited access to others such as employees.

Even first-time offenses for accessing a protected computer without sufficient "authorization" can be punishable by up to five years in prison each (ten years for repeat offenses), plus fines. Violations of other parts of the CFAA are punishable by up to ten years, 20 years, and even life in prison.

Criminal cases. United States v. Morris (1991), 928 F.2d 504 (2d Cir. 1991), decided March 7, 1991. After the release of the Morris worm, an early computer worm, its creator was convicted under the Act for causing damage and gaining unauthorized access to "federal interest" computers.

More info

"The legal requirements of proving damages is in the trial brief and jury instructions" in Superior Case No. 12164295. And without authorization causing the transmission of a program, information, code, or command to a protected computer, and causing damage.Computer Fraud and Abuse Act, 18 U.S.C. § 1030 . To cause injury to the subject; there is no need to prove any actual injury. ' ' view-complete-bio View Complete Profile.

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Kings New York Jury Instruction - Computer Fraud - Causing Damage To Computer Or Program