Computer_Fraud_and_Abuse_Act

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Northern Virginia Community College *

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Computer Science

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Feb 20, 2024

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Computer Fraud and Abuse Act Computer Fraud and Abuse Act By Ahmad Elham Waziry By Ahmad Elham Waziry

What does the law include? Prohibits intentionally accessing a computer without authorization or in excess of authorization Covers hacking, malware, password trafficking, computer trespassing, computer fraud/theft, damaging computers, etc.

What is illegal? • Accessing a computer without any authorization • Exceeding authorized access to obtain information, defraud, etc. • Damaging or trafficking passwords of government, financial, or medical computers

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What penalties are outlined? 1 to 10 years prison for most offenses Trespassing: 1 year (10 years repeat offense) Hacking/Theft: 5 years (10 years repeat offense) Damaging computers: 1 or 10 years (up to 20 years repeat offense) National security: 10 years (20 years repeat offense) Fines up to $250K individuals, $500K organizations Extortion: 5 years (10 years repeat offense)

When was the law passed? Original law passed in 1984 1984 Major expansion passed as Computer Fraud and Abuse Act in 1986 1986 Amended in 1996, 2001, 2008 to expand scope 1996

What is the “backstory” or reason why the law was passed? The Computer Fraud and Abuse Act has its origins in the early 1980s when personal computers were becoming more commonplace. Cases of computer hacking and digital trespassing started occurring more frequently, including some high-profile hacking incidents that drew media attention. There was no specific federal law at the time to address hacking or unauthorized access of computers. So Congress passed an initial narrow computer crimes law in 1984. Then in 1986, the more expansive Computer Fraud and Abuse Act was passed to provide stronger protections against the growing threats of hacking. The law has continued to be updated over the years, with amendments in 1996, 2001, and 2008, in order to expand the scope of the law to address new issues like malware, botnets, denial of service attacks and other cybercrimes that have emerged with the advancement of technology and the internet. The consistent updating and expansion of the CFAA reflects the evolution of computer crimes over the past few decades as well as the ongoing need for updated laws to deal with new threats.

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References • U.S. Department of Justice. (n.d). Computer Fraud and Abuse Act. Retrieved from https://www.justice.gov/jm/jm- 9-48000-computer-fraud • National Association of Criminal Defense Lawyers. (n.d.). Computer Fraud and Abuse Act. Retrieved from https://www.nacdl.org/Landing/ComputerFraudandAbuse Act • U.S. Congress. (1986). H.R. 4718 - 99th Congress. Retrieved from https://www.congress.gov/bill/99th- congress/house-bill/4718

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