Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal Laws - CRS Report
Block Allow. Charles Doyle. Print Length des pages. The federal computer fraud and abuse statute, 18 U. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. The reports are instructive here, for they make it apparent that the element cannot be satisfied by a mere inadvertent trespass and nothing more. The Committee was concerned that a Federal computer crime statute not be so broad as to create a risk that government employees and others who are authorized to use a Federal Government computer would not face prosecution for acts of computer access and use that, while technically wrong, should not rise to the level of criminal conduct.
It is not difficult to envision an employee or other individual who, while authorized to use a particular computer in one department, briefly exceeds his authorized access and peruses data belonging to the department that he is not supposed to look at. This is especially true where the department in question lacks a clear method of delineating which individuals are authorized to access certain of its data. The Committee believes that administrative sanctions are more appropriate than criminal punishment in such a case.
In the second place, the Committee has distinguished between acts of unauthorized access that occur within a department and those that involve trespasses into computers belonging to another department. The former are not covered by subsection a 3 ; the latter are. Again, it is not difficult to envision an individual who, while authorized to use certain computers in one department, is not authorized to use them all.
The danger existed that S. These acts can also be best handled by administrative sanctions, rather than by criminal punishment. To that end, the Committee has constructed its amended version of a 3 to prevent prosecution of those who, while authorized to use some computers in their department, use others for which they lack the proper authorization.
The Committee has thus limited 18 U. However, the Committee notes that such serious acts may be subject to other criminal penalties if, for example, they violate trade secrets laws or 18 U.
Examining The Outrageous Aaron Swartz Indictment For Computer Fraud
Jurisdiction The reports offer little insight into the meaning of the third element — what computers are protected from trespassing. There may be two reasons. Celebrations the Party and Seasonal Superstore, L. Gaikwad, A. Riley, A. Law Div. Classic Residence by Hyatt, A. LL Ct.
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