Cybercrime and Its Implications
Nova Science Publishers, 2009 - Law - 155 pages
The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimises computer systems. It is a computer 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. It is not a comprehensive provision, but instead it fills crack and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of section 1030 and some of its federal statutory companions. Subsection 1030(b) makes it a crime to attempt to commit any of these offences. Subsection 1030(c) catalogues the penalties for committing them, penalties that range from imprisonment for not more than a year for simple cyberspace trespassing to a maximum of life imprisonment when death results from intentional computer damage. Subsection 1030(d) preserves the investigative authority of the Secret Service. Subsection 1030(e) supplies common definitions. Subsection 1030(f) disclaims any application to otherwise permissible law enforcement activities. Subsection 1030(g) creates a civil cause of action of victims of these crimes.
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Obtaining Information by Unauthorized Computer
Computer Fraud 18 U S C 1030a4
Trafficking in Computer Access 18 U S C 1030aX6
2 other sections not shown
9th Cir access device aircraft amendments apply attempt to commit causes damage CODE commerce or communication commit an offense Computer Crime computer fraud computer system computer without authorization conduct conspiracy Controlled Substances Act conviction counterfeit court credit card fraud crime of terrorism CRIMINAL LAW Cybercrime defendant defined in section electronic employee entity espionage federal computer federal crime financial institution fined foreign commerce government computer Hobbs Act intent to defraud interstate or foreign involving jurisdiction knowingly loss means money laundering national defense obtained offense under subsection outlaws penalties person predicate offenses prohibited prosecution protected computer provided in subsection punishable by imprisonment punished as provided relating S.Rept Sentencing Guidelines simple trespassing specified unlawful activity Stat statute subparagraph subsection 1030(g term theft thing of value threat title or imprisoned transaction transmitted transportation unauthorized access United United States Code USA PATRIOT Act victim violation of paragraph Whoever willfully wire fraud