18 U.S. Code § 1030 - Fraud and Related Activity in Connection with Computers
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, prohibits conduct that victimizes computer systems. This cyber security law protects federal, bank, and Internet-connected computers.
It's designed to protect computers from trespassing, threats, damage, espionage, and from being to commit fraud. Other related federal statutes also provide protections related to computer systems, such as the Identity Theft Enforcement and Restitution Act.
Typically, "computer hacking" is the act of obtaining unauthorized access to a computer system to steal or alter data. Internet crimes, such as theft-related offenses, often involve hacking a computer to access a business or organization's private network.
Computer hacking frequently crosses state lines because the computers are in different states, which means these types of crimes can be prosecuted as federal crimes. Still, most computer hacking cases are prosecuted in a state criminal court.
Computer hacking, in simple terms, refers to the illegal use of a computer to gain unauthorized access to another computer with the intent to commit a fraud crime or cause harm. Such actions can lead to prosecution under the CFAA.
18 U.S.C. 1030 encompasses a wide range of computer crimes, making it a commonly used statute by federal prosecutors. These crimes include unauthorized access to computer systems, theft of information, and other forms of cyber fraud.
Federal computer hacking cases often involve unlawful access to a U.S. government, business, or personal computer with the intent to cause harm, commit fraud, or obtain something of value. "Cybercrime" is a closely related term to computer hacking that can also apply to a broad range of computer crimes.
What is 'Computer Hacking?"
Computer hacking is described as the act of unlawfully using a computer to gain access to or attempt to access another computer to obtain information or commit a fraud-related offense. This includes a situation where someone hacks a computer to access someone's:
- Personal information,
- Financial accounts,
- Credit card information.
Violating a federal law on computer hacking can occur in many different ways, such as sending an email with a malicious virus to gain access to a computer.
Notably, you do not have to actually complete the process of illegally hacking a computer to face charges of federal computer hacking. Rather, just the attempt is sufficient to be charged under the 18 U.S.C. 1030 statute.
In most federal computer hacking cases, it includes a situation when somebody was accused of:
- Hacking into a government computer, or
- Hacking into a computer to steal something of value.
- Hacking into someone's personal or business computer to commit identity theft or get their financial information.
- Hacking to destroy files or to cause damage to the computer system.
What is the Computer Fraud and Abuse Act (CFAA)?
The Computer Fraud and Abuse Act (CFAA), enacted in 1986, was initially designed to protect government computers. However, this statute was expanded to prosecute anyone who was accused of illegally accessing business, protected, or personal computers.
In most 18 U.S.C. 1030 criminal prosecutions defined under the CFAA, the illegal conduct will involve a specific type of behavior, such as the following:
- Unauthorized access to a protected computer.
- Unlawful access to stored communications.
- Obtaining information without authorization.
- Obtaining something of value without authorization
- Unlawful computer access intending to commit fraud.
- Access to a protected computer with authorization.
- Trafficking of computer passwords with intent to defraud
- Access a computer intending to damage or destroy files.
- Damaging computer systems.
- Conspiring or attempting to commit hacking.
- Distributing confidential computer material.
- Sending spam emails
Federal prosecutors will pursue criminal charges for violating computer hacking laws against anyone who is just making an attempt or who is involved in a conspiracy to engage in computer hacking. The law applies to both individuals and organizations.
A "protected computer" is any computer connected to the Internet, including those of a government agency, provided to an employee, or in a public library. Understanding this term is crucial to comprehending the scope of the law.
To be charged criminally under 18 U.S.C. 1030, you must access a "protected computer" without authorization or exceed their authorization by improperly using the computer.
The closely related crimes to 18 U.S.C. § 1030 federal computer hacking include conspiracy to commit computer hacking, distribution of confidential computer material, sending a large amount of SPAM emails, and unlawful access to stored communications.
What Are Related Federal Laws?
18 U.S. Code Chapter 47, Fraud and False Statements, has numerous related federal statutes, such as the following:
- 18 U.S.C. 1001 - Statements or entries generally.
- 18 U.S.C. 1002 - Possession of false papers to defraud the United States.
- 18 U.S.C. 1003 - Demands against the United States.
- 18 U.S.C. 1004 - Certification of checks.
- 18 U.S.C. 1005 - Bank entries, reports and transactions.
- 18 U.S.C. 1006 - Federal credit institution entries, reports, and transactions.
- 18 U.S.C. 1007 - Federal Deposit Insurance Corporation transactions.
- 18 U.S.C. 1010 - Department of Housing and Urban Development and Federal Housing Administration transactions.
- 18 U.S.C. 1011 - Federal land bank mortgage transactions.
- 18 U.S.C. 1012 - Department of Housing and Urban Development transactions.
- 18 U.S.C. 1013 - Farm loan bonds and credit bank debentures.
- 18 U.S.C. 1014 - Loan and credit applications generally; renewals and discounts; crop insurance.
- 18 U.S.C. 1015 - Naturalization, citizenship, or alien registry.
- 18 U.S.C. 1016 - Acknowledgment of appearance or oath.
- 18 U.S.C. 1017 - Government seals are wrongfully used, and instruments are wrongfully sealed.
- 18 U.S.C. 1018 - Official certificates or writings.
- 18 U.S.C. 1019 - Certificates by consular officers.
- 18 U.S.C. 1020 - Highway projects.
- 18 U.S.C. 1021 - Title records.
- 18 U.S.C. 1022 - Delivery of certificate, voucher, receipt for military or naval property.
- 18 U.S.C. 1023 - Insufficient delivery of money or property for military or naval service.
- 18 U.S.C. 1024 - Purchase or receipt of military, naval, or veteran's facilities property.
- 18 U.S.C. 1025 - False pretenses on high seas and other waters.
- 18 U.S.C. 1026 - Compromise, adjustment, or cancellation of farm indebtedness.
- 18 U.S.C. 1027 - False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974.
- 18 U.S.C. 1028 - Fraud and related activity in connection with identification documents, authentication features, and information.
- 18 U.S.C. 1028A - Aggravated identity theft.
- 18 U.S.C. 1029 - Fraud and related activity in connection with access devices.
- 18 U.S.C. 1030 - Fraud and related activity in connection with computers.
- 18 U.S.C. 1031 - Major fraud against the United States.
- 18 U.S.C. 1032 - Concealment of assets from the conservator, receiver, or liquidating agent.
- 18 U.S.C. 1033 - Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.
- 18 U.S.C. 1034 - Civil penalties and injunctions for violations of section 1033.
- 18 U.S.C. 1035 - False statements relating to health care matters.
- 18 U.S.C. 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport.
- 18 U.S.C. 1037 - Fraud and related activity in connection with electronic mail
- 18 U.S.C. 1038. False information and hoaxes.
- 18 U.S.C. 1039 - Fraud and related activity in connection with obtaining confidential phone records information of a covered entity.
- 18 U.S.C. 1040 - Fraud in connection with major disaster or emergency benefits.
What are the 18 U.S.C. 1030 Penalties?
Federal computer hacking charges under 18 U.S.C. 1030 can be filed as either a misdemeanor or a felony. The federal prosecutor makes their decision based on the following:
- Specific circumstances,
- Motivation for the illegal conduct and
- Severity of the harm caused.
Suppose you only attempted to access a protected computer. In that case, it will normally be filed as a misdemeanor crime.
Suppose you actually hacked a computer for financial gain, to commit another crime, or to obtain information with a total value over $5,000. In that case, it will be filed as a felony.
If you are convicted of felony computer hacking, the penalties include the following:
- Up to 10 years in federal prison and
- Up to a $10,000 fine.
- Certain enhancements increase the penalties, such as when computer hacking was done with the intent to commit another crime, such as identity theft or credit card fraud.
What Are the Computer Hacking Defenses?
If you are under investigation or already charged with a federal computer hacking case, our federal criminal defense attorneys can use several strategies to obtain the best possible outcome. The federal prosecutor has the burden of proof. They must prove all the elements of the crime beyond any reasonable doubt.
For example, in an 18 U.S.C. 1030 federal computer hacking case, it must be proven that you knowingly and intentionally hacked a computer. Thus, the common defenses include the following:
- You didn't intentionally access the computer without authorization.
- The access to the computer didn't rise to the level of hacking.
- You didn't unlawfully access the computer.
- There was a reason to believe you had authorization.
- You are the victim of a false accusation.
Additionally, we might be able to negotiate a favorable plea deal with the prosecutor or even persuade them to dismiss the charges. For additional information, please contact our law firm, Cron, Israels & Stark, in Los Angeles, California.
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