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Topic: Computer Fraud and Abuse Act

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	Computer Fraud and Abuse Act - Wikipedia, the free encyclopedia
		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.
	en.wikipedia.org /wiki/Computer_Fraud_and_Abuse_Act (470 words)

	GigaLaw.com: The Expanding Importance of the Computer Fraud and Abuse Act (Site not responding. Last check: 2007-09-17)
		Computer security remains a topic of high interest and debate in the information-technology community, as does the darker aspect of security that is governed by the laws of computer crime.
		Indeed, at the Computer Security Institute's 27th Annual Computer Security Conference and Exhibition, a prominent criminal defense attorney created controversy with her iconoclastic views that computer crime laws are too vague and that increased criminal penalties for computer hacking are largely ineffective.
		Since the CFAA carefully limits the meaning of "exceeding authorized access" to encompass only the obtaining or altering of information that the accesser is not entitled to obtain or alter, Shurgard needed to find another theory under the Act to support the claim that the conduct violated the "access" prohibitions of the CFAA.
	www.gigalaw.com /articles/2001-all/burke-2001-01-all.html (1315 words)

	Computer Fraud and Abuse Act (Site not responding. Last check: 2007-09-17)
		The Computer Fraud and Abuse Act (CFAA) was enacted in 1984.
		The main provisions of the CFAA apply to what is called a âprotected computer.â A protected computer is simply a compute that is used by either the Government or a financial institution, such as a bank, and that is used in either foreign or domestic commerce.
		The CFAA states that should a person illegally access a federal computer with the intent to steal or commit fraud they shall be found guilty of a felony in a court of law (Smith, C.J.).
	mason.gmu.edu /~moreilly/CFAA.html (242 words)

	SCCCD \| COMPUTER FRAUD & ABUSE ACT of 1986 (Site not responding. Last check: 2007-09-17)
		Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(b) (b) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.
		Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(d) (d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.
		Computer Fraud and Abuse Act 1986 (US) 18 USC 1030(f) (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.
	www.scccd.com /is/fraud.html (181 words)

	Internet Law - Computer Fraud and Abuse Act (Site not responding. Last check: 2007-09-17)
		As a result, the Court dismisses CFAA claims advanced by plaintiffs arising out of the alleged use of information obtained by unauthorized access to plaintiffs' confidential database by former employees to aid their new employer, one of plaintiffs' competitors.
		The court refused to dismiss plaintiff's privacy act claims because plaintiff may have had a reasonable expectation of privacy in the telephone call if his claim that he made the call from a place his employer designated for private personal calls was true.
		Lastly, the Court dismissed the claims plaintiffs raised under the Computer Fraud and Abuse Act, because plaintiffs did not sustain damages sufficient to meet the damage threshold requirements of that statute.
	www.phillipsnizer.com /library/topics/computer_fraud.cfm (1557 words)

	frontline: hackers: who's responsible?: computer crime laws
		Before 1996--when the Computer Fraud and Abuse Act was amended significantly--prosecutors had to rely on old statutes to make their cases and many of these statutes were inadequate when applied to the new area of computer crime.
		When the CFAA was enacted in 1984 (as the Counterfeit Access Device and Computer Fraud and Abuse Act), it applied only to federal government computers and computers owned by large financial institutions.
		Almost all of the present state laws criminalize the unauthorized access to or use of computers and databases, using a computer as an instrument of fraud, and known and foreseeable acts of computer sabotage.
	www.pbs.org /wgbh/pages/frontline/shows/hackers/blame/crimelaws.html (1608 words)

	Computer Viruses: Making The Time Fit The Crime (Site not responding. Last check: 2007-09-17)
		The earlier law, which focused on the unauthorized access to a computer system, proved to be ineffectual at times because it focused merely on the crossing of a system-level boundary and also became outdated as technology advanced.
		The second classification deals with what we more would commonly perceive as the stereotypical viral creator -- typically, a young computer wiz who is both curious and eager to show off his or her expertise by pointing out the flaws in the "system" or in the computer safeguards erected by others.
		The 1994 Act makes clear that the creator of a virus cannot hide behind the cloak that he did not really mean to hurt anyone, or that he really only wanted to send a message or, as in Morris' case, point out a flaw.
	www.fmew.com /archive/virus/index.html (1150 words)

	United States v. Czubinski
		The wire fraud and computer fraud prosecution that led to the conviction survived serious challenges put forward by Czubinski in various pre-trial motions.
		Czubinski was convicted on all four of the computer fraud counts on which he was indicted; these counts arise out of unauthorized searches that also formed the basis of four of the ten wire fraud counts in the indictment.
		The acts of fraud we are addressing in proposed section 1030(a)(4) are essentially thefts in which someone uses a federal interest computer to wrongly obtain something of value from another.
	www.law.emory.edu /1circuit/feb97/96-1317.01a.html (4010 words)

	ANALYSIS (Site not responding. Last check: 2007-09-17)
		Although certain computer crimes appear simply to be old crimes committed in new ways (e.g., the bank teller who uses a computer program to steal money is still committing bank fraud), some computer offenses find their genesis in our new technologies and must be specifically addressed by statute.
		The subsection as amended provides that victims of computer abuse can maintain a civil action against the violator to obtain compensatory damages, injunctive relief, or other equitable relief, but damages are limited to economic damages for cases where the only damage suffered by the plaintiff is monetary loss as defined by § 1030(e)(8)(A).
		For example, if an individual violated the Act by committing fraud by computer [subsection (a)(4)] and later committed another computer crime offense by intentionally destroying medical records [subsection (a)(5)], he was not a recidivist because his conduct violated two separate subsections of § 1030.
	www.usdoj.gov /criminal/cybercrime/1030_anal.html (5865 words)

	United States v. Morris
		Section 2(d) of the Computer Fraud and Abuse Act of 1986, 18 U.S.C. Section 1030(a)(5)(A) (1988), punishes anyone who intentionally accesses without authorization a category of computers known as "[f]ederal interest computers" and damages or prevents authorized use of information in such computers, causing loss of $1,000 or more.
		In October 1988, Morris began work on a computer program, later known as the Internet "worm" or "virus." The goal of this program was to demonstrate the inadequacies of current security measures on computer networks by exploiting the security defects that Morris had discovered.
		The concern was that a scienter requirement of "knowingly" might encompass the acts of an individual "who inadvertently 'stumble[d] into' someone else's computer file or computer data," especially where such individual was authorized to use a particular computer.
	www.loundy.com /CASES/US_v_Morris2.html (3466 words)

	Computer Fraud and Abuse Act (Site not responding. Last check: 2007-09-17)
		The act specifies exactly what constitutes fraud and abuse and what punishments are in store for such hackers.
		The act states that a person is fraudulent or abusive if they purposely access a computer where they know they are not supposed to be.
		This computer fraud is also defined as anyone going in and accessing information from a department or agency of the United States.
	mason.gmu.edu /~tford1/pageone.html (350 words)

	North Texas Preventative Imaging v. Eisenberg
		The CFAA was amended in 1986 and 1994.
		However, computer abusers have developed an arsenal of new techniques which result in the replication and transmission of destructive programs or codes that inflict damage upon remote computers to which the violator never gained "access" in the commonly understood sense of that term.
		Thus while the pre-1994 CFAA was directed towards the unauthorized "access" of a computer system, presumably by modem or by direct keyboard entry, the post-1994 CFAA is directed towards a broader range of conduct by which a person knowingly "causes" the "transmission" of a program, information, code, or command to a computer.
	www.loundy.com /CASES/NTPI_v_Eisenberg.html (4170 words)

	Hackers face life imprisonment under 'Anti-Terrorism' Act
		But the list also includes the provisions of the Computer Fraud and Abuse Act that make it illegal to crack a computer for the purpose of obtaining anything of value, or to deliberately cause damage.
		As a "Federal terrorism offense," the five year statute of limitations for hacking would be abolished retroactively -- allowing computer crimes committed decades ago to be prosecuted today -- and the maximum prison term for a single conviction would be upped to life imprisonment.
		The Act is scheduled for mark-up by the committee Tuesday morning.
	www.securityfocus.com /news/257 (462 words)

	United States v. Pierre-Louis
		Under the CFAA, it is a federal crime for anyone to knowingly cause the transmission of a program or code, i.e., a computer virus, with the intention of causing damage to a protected computer.
		This Court has previously found an ambiguity due to the dangling participle (“to a protected computer’’), but based on legislative history, concluded that damage is to be measured as it affects individuals and not a single computer.
		Subsequent thereto, the act was amended to define “damage” to mean “any impairment to the integrity or availability of data, a program, a system or information.’ 18 U.S.C. §1030(e)(8) (effective October 26, 2001).
	pub.bna.com /eclr/00434.htm (2365 words)

	Boston.com / News / Nation / Washington / US to probe taking of computer files
		At issue will be whether Republican staff members violated the Computer Fraud and Abuse Act of 1984, which makes it criminal to exceed one's authorization to access a government computer.
		The intrusion into Democratic staff computers first became known in November 2003, when the editorial pages of the Wall Street Journal published excerpts showing the influence of outside liberal interest groups in selecting which nominees to target.
		As first reported by The The Boston Globe and later confirmed by the Pickle report, the scope of the intrusion into Democratic computer files via a password glitch on a shared committee server was much larger than a single instance.
	www.boston.com /news/nation/washington/articles/2004/04/27/us_to_probe_taking_of_computer_files (623 words)

	18 USC 1030 Computer Fraud & Abuse Act
		No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.
		(2)(B), inserted ", including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States", in para.
		Buyers of personal computers with allegedly defective floppy diskette controllers failed to allege damages required to state claim under 18 USCS § 1030(a)(5)(A), where buyers claimed damages only for diminution in value to their computers, and, even aggregated, value of computers was less than $5,000 statutory threshold.
	pirate.shu.edu /%7Ejenninju/InternetLaw/09_Cybercrime/COMPUTERFRAUDABUSEACT18USC1030.htm (2602 words)

	Computer Fraud and Abuse Act
		The Computer Fraud and Abuse Act, first enacted in 1984 and revised in 1994, makes it certain activities designed to access a "federal interest computer" illegal.
		These activities may range from knowingly accessing a computer without authorization or exceeding authorized access to the transmission of a harmful component of a program, information, code, or command.
		A federal interest computer includes a computer used by a financial institution, used by the United States Government, or one of two or more computers used in committing the offense, not all of which are located in the same State.
	legal.web.aol.com /resources/legislation/comfraud.html (135 words)

	Field News Press Release
		Los Angeles, CA A former Southern California man who maliciously bombarded the computer system of an El Segundo computer messaging company with thousands of email messages was sentenced today to 16 months in federal prison.
		McDanel was indicted in September 2002 in New Jersey in connection with the alleged 1997 conduct.
		This was the first case to go to trial in Los Angeles brought under the "Computer Fraud and Abuse Act," the federal statute covering computer abuse and malicious spamming.
	www.fbi.gov /fieldnews/march/la032503.htm (342 words)

	Computer Fraud & Abuse Act (Site not responding. Last check: 2007-09-17)
		Fraud and related activity in connection with computers
		(4) knowingly and with intent to defraud, accesses a Federal interest computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer;
		(6) the term "exceeds authorized access" means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter; and
	cio.doe.gov /Documents/CFA.HTM (1237 words)

	Find in a Library: The Computer Fraud and Abuse Act of 1986 : hearing before the Committee on the Judiciary, United ...
		Find in a Library: The Computer Fraud and Abuse Act of 1986 : hearing before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, second session, on S. April 16, 1986.
		The Computer Fraud and Abuse Act of 1986 : hearing before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, second session, on S. April 16, 1986.
		WorldCat is provided by OCLC Online Computer Library Center, Inc. on behalf of its member libraries.
	worldcatlibraries.org /wcpa/ow/971a441d556fd496a19afeb4da09e526.html (111 words)

	[No title] (Site not responding. Last check: 2007-09-17)
		Reference to "paragraph y of section 11 of the Atomic Energy Act of 1954", referred to in subsec.
		For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables.
		Section 25(a) of the Federal Resenre Act, referred to in subsec.
	nsi.org /Library/Compsec/cfa.txt (469 words)

	Information Warfare, I-War, IW, C4I, Cyberwar
		Computer virus warnings; How to tell the real from the hoaxes.
		Report a computer intrusion or computer crime to the FBI.
		Telecommunications Act of 1996: Impact on schools and libraries.
	www.psycom.net /iwar.1.html (1191 words)

	FBI Computer Crime Squad (Site not responding. Last check: 2007-09-17)
		The FBI's National Computer Crime Squad (NCCS) investigates violations of the Federal Computer Fraud and Abuse Act of 1986.
		Federal interest computers are defined by law as two or more computers involved in a criminal offense, which are located in different states.
		Therefore, a commercial computer which is the victim of an intrusion coming from another state is a "Federal interest" computer.
	www.emergency.com /fbi-nccs.htm (393 words)

	US CODE: Title 18,1030. Fraud and related activity in connection with computers (Site not responding. Last check: 2007-09-17)
		(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;
		(B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;
		No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage.
	www4.law.cornell.edu /uscode/18/1030.html (1766 words)

	USATODAY.com - Rules aimed at digital misdeeds lack bite (Site not responding. Last check: 2007-09-17)
		The Computer Fraud and Abuse Act, a 1986 law most recently amended in 2001, makes it a crime to access a computer without authorization.
		With high-profile computer crimes on the rise, and consumers clamoring for protection, the tech and financial industries may have no choice, Naughton and privacy experts say.
		Bills in Michigan, Nebraska and Georgia would make it illegal to install spyware on the computers of state residents without their permission, and would delegate who is responsible for enforcement — a common shortcoming of federal law.
	www.usatoday.com /tech/news/techpolicy/2005-04-11-net-law-cover_x.htm (1457 words)

	Computer Fraud and Abuse Act
		The Computer Fraud and Abuse Act - 18 U.S.C. Sec.
		Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.
		the term “exceeds authorized access” means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter;
	www.astrobastards.net /uc/law.jsp (1024 words)

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