Book Description:
The federal computer fraud and abuse statute, 18 U.S.C. 1030, protects federal
computers, bank computers, and computers used in interstate and foreign commerce.
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.
In their present form, the seven paragraphs of subsection 1030(a) outlaw:
! computer trespassing (e.g., hacking) in a government computer, 18
U.S.C. 1030(a)(3);
! computer trespassing (e.g., hackers) resulting in exposure to certain
governmental, credit, financial, or commercial information, 18
U.S.C. 1030(a)(2);
! damaging a government computer, a bank computer, or a computer
used in interstate or foreign commerce (e.g., a worm, computer
virus, Trojan horse, time bomb, a denial of service attack, and other
forms of cyber attack, cyber crime, or cyber terrorism), 18 U.S.C.
1030(a)(5);
! committing fraud an integral part of which involves unauthorized
access to a government computer, a bank computer, or a computer
used in interstate or foreign commerce, 18 U.S.C. 1030(a)(4);
! threatening to damage a government computer, a bank computer, or
a computer used in interstate or foreign commerce, 18 U.S.C.
1030(a)(7);
! trafficking in passwords for a government computer, a bank
computer, or a computer used in interstate or foreign commerce, 18
U.S.C. 1030(a)(6); and
! accessing a computer to commit espionage, 18 U.S.C. 1030(a)(1).
Subsection 1030(b) makes it a crime to attempt to commit any of these offenses.
Subsection 1030(c) catalogs 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.
Earlier versions of this report appeared under the title, Computer Fraud and
Abuse: An Overview of 18 U.S.C. 1030 and Related Federal Criminal Laws.

Table of Contents:
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Preface

Chapter 1 - Introduction

Chapter 2 - Trespassing in Government
Cyberspace 18 U.S.C. 1030(a)(3)
Intent
Jurisdiction
Unauthorized Access
Affects The Use
Penalties
Other Crimes

Chapter 3 - Obtaining Information By Unauthorized
Computer Access 18 U.S.C. 1030(a)(2)
Jurisdiction
Intent
Penalties
Other Crimes

Chapter 4 - Causing Computer Damage 18 U.S.C.1030(a)(5)
Intent
Damage
Jurisdiction
Penalties
Other Crimes

Chapter 5 - Computer Fraud 18 U.S.C. 1030(a)(4)
Jurisdiction
Intent
Penalties
Other Crimes

Chapter 6 - Extortionate Threats 18 U.S.C. 1030(a)(7)
Jurisdiction
Threat Of "Domage"
Intent
Threats
Penalties
Other Crimes

Chapter 7 - Trafficking In Computer Access
18 U.S.C. 1030(a)(6)
Jurisdiction
Intent
Penalties
Other Crimes

Chapter 8 - Computer Espionage 18 U.S.C. 1030(a)(1)
Jurisdiction
Intent
Penalties
Other Crimes

Endnotes

Bibliography
Articles
Notes

Appendix
18 U.S.C. 1030

Index