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Encyclopedia > Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act[see note] is a law passed by the United States Congress in 1984 intended to reduce "hacking" of computer systems. It was amended in 1994, 1996 and in 2001 by the USA PATRIOT Act. ([note](Copyright 2001 4th Edition, Computer Confluence: Prentice Hall Books, written by George Beekman. This of Pearson Education. This of the Computer Fraud and Abuse Act of 1984, in the above mentioned educational book; Part4, Chapter 11, page 307, Paragraph 6.) Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... It has been suggested that this article or section be merged into black hat. ... In the United States, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56), known as the USA PATRIOT Act or simply the Patriot Act, is an Act of Congress which President George W. Bush signed into law...


The USA PATRIOT Act increased the scope and penalties of this act by:

  1. raising the maximum penalty for violations to 10 years (from 5) for a first offense and 20 years (from 10) for a second offense;
  2. ensuring that violators only need to intend to cause damage generally, not intend to cause damage or other specified harm over the $5,000 statutory damage threshold;
  3. allowing aggregation of damages to different computers over a year to reach the $5,000 threshold;
  4. enhancing punishment for violations involving any (not just $5,000) damage to a government computer involved in criminal justice or the military;
  5. including damage to foreign computers involved in US interstate commerce;
  6. including state law offenses as priors for sentencing; and
  7. expanding the definition of loss to expressly include time spent investigating and responding (this is why it is important for damage assessment and for restoration)

Contents

Criminal Offenses Under The Computer Fraud and Abuse Act

  1. Knowingly accessing a computer without authorization in order to obtain national security data
  2. Intentionally accessing a computer without authorization to obtain:
    • Information contained in a financial record of a financial institution, or contained in a file of a consumer reporting agency on a consumer.
    • Information from any department or agency of the United States
    • Information from any protected computer if the conduct involves an interstate or foreign communication
  3. Intentionally accessing without authorization a government computer and affecting the use of the government's operation of the computer.
  4. Knowingly accessing a computer with the intent to defraud and there by obtaining anything of value.
  5. Knowingly causing the transmission of a program, information, code, or command that causes damage or intentionally accessing a computer without authorization, and as a result of such conduct, causes damage that results in:
    • Loss to one or more persons during any one-year period aggregating at least $5,000 in value.
    • The modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals.
    • Physical injury to any person.
    • A threat to public health or safety.
    • Damage affecting a government computer system
  6. Knowingly and with the intent to defraud, trafficking in a password or similar information through which a computer may be accessed without authorization.

Decisions referring to this act

  • [1] Theofel v. Farey Jones, 2003 U.S. App. Lexis 17963, decided August 28, 2003 (U.S. Court of Appeals for the Ninth Circuit). Using a civil subpoena which is “patently unlawful”, “bad faith” and “at least gross negligence” to gain access to stored email is a breach of this act and the Stored Communications Act.

is the 240th day of the year (241st in leap years) in the Gregorian calendar. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

See also

An information technology audit, or information systems audit, is an examination of the controls within an Information technology (IT) infrastructure. ... A computer security audit is a manual or systematic measurable technical assessment of a system or application. ... It has been suggested that Case Studies in Using IT to Commit Fraud be merged into this article or section. ... The Electronic Communications Privacy Act of 1986 (ECPA Pub. ... The Hacker Crackdown: Law and Disorder on the Electronic Frontier is a book written by science fiction writer Bruce Sterling in 1992. ...

External links

Title 18 of the US Code deals with Crimes and Criminal Proceedings in five parts: Part I - Crimes Part II - Criminal Procedure Part III - Prisons and Prisoners Part IV - Correction of Youthful Offenders Part V - Immunity of Witnesses Title 18, specifically Part 1 > Chapter 113B > § 2331 and § 2332a(a)), is...

  Results from FactBites:
 
Computer Fraud and Abuse Act - Wikipedia, the free encyclopedia (470 words)
The Computer Fraud and Abuse Act is a law passed by the United States Congress in 1986 intended to reduce "hacking" of computer systems.
Intentionally accessing without authorization a government computer and affecting the use of the government's operation of the computer.
Using a civil subpoena which is “patently unlawful”, “bad faith” and “at least gross negligence” to gain access to stored email is a breach of this act and the Stored Communications Act.
  More results at FactBites »

 

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