The CFAA criminalizes the act of knowingly causing the transmission of a program, information, code, or command, without authorized access to the protected computer, that results in intentional damage.
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Worms and Viruses and the CFAA The spread of computer viruses and worms seems to be a common occurrence during many individuals' and corporations' daily activities.
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Malicious code like Blaster can cause millions of dollars' worth of damage and can even jeopardize human life if certain computer systems are infected.
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Electronic Communication Privacy Act These sections are part of the Electronic Communication Privacy Act (ECPA), which is intended to protect communications from unauthorized access.
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For instance, some states require a demonstration of damages as part of the claim of trespass (not unlike the CFAA requirement), whereas other states do not require a demonstration of damages in order to establish that an actionable trespass has occurred.
In response to this and other types of computer crime, the FBI has identified investigating cybercrime as one of its top three priorities, just behind counterterrorism and counterintelligence investigations.
While a company is unlikely to seek to prosecute authorized activity, people who exceed the scope of such authorization, whether intentionally or accidentally, run the risk being prosecuted under the CFAA and other laws.
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The Minnesota Blaster case was a success story in the eyes of the FBI, Secret Service, and law enforcement agencies, as collectively they brought a hacker to justice before major damage occurred.
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Attorney General John Ashcroft stated, The Blaster computer worm and its variants wreaked havoc on the Internet, and cost businesses and computer users substantial time and money.
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Thus, for example, trespass law varies from one state to the next, resulting in a single activity being treated in two very different ways under state law.
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ECPA is made up of two main parts: one that amended the Wiretap Act and the other than amended the Stored Communications Act, each of which has its own definitions, provisions, and cases interpreting the law.
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TIP If you are considering prosecuting a computer crime that affected your company, start documenting the time people have to spend on the issue and other costs incurred in dealing with the attack.
Importantly, a company will usually want to bring a case to the courts of a state that has the most favorable definition of a crime so it can most easily make its case.
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Malware is becoming more sophisticated, and a record number of home users run insecure systems, which is just a welcome mat to one and all hackers.
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The Wiretap Act has been around since 1918, but the ECPA extended its reach to electronic communication when society moved in that direction.
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The hacker remotely accessed the company's network late at night using an admin logon name and then changed the passwords of every IT administrator.
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Disgruntled Employees Have you ever noticed that companies will immediately escort terminated employees out of the building without giving them the opportunity to gather their things or say goodbye to coworkers?
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The hacker had used the company's computer system to change the deposit codes for payments made at mortgage closings, and then created checks payable to herself or her creditors.
The Secret Service now deals with several areas to protect the nation and has established an Information Analysis and Infrastructure Protection division to coordinate activities in this area.
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In our modern computer age, one important factor to consider is the possibility that an employee will become so vengeful when terminated that he will circumvent the network and use his intimate knowledge of the company's resources to do harm.
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As with all of the laws summarized in this chapter, information security professionals must be careful to confirm with each relevant party the specific scope and authorization for work to be performed.
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If these confirmations are not in place, it could lead to misunderstandings and, in the extreme case, prosecution under the Computer Fraud and Abuse Act or other applicable law.
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The Department of Justice takes these crimes very seriously, and we will devote every resource possible to tracking down those who seek to attack our technological infrastructure.
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The defendant switched jobs from Goldman to another firm doing similar business, and on his last day is thought to have stolen portions of Goldman Sachs's code.
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On the technology side, terminated employees are stripped of their access privileges, computers are locked down, and often, configuration changes are made to the systems those employees typically accessed.
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An example of an attack that does not involve government agencies but instead simply represents an exploit in interstate commerce involved online ticket purchase websites.
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The lack of attention given to these types of crimes keeps them off the radar of many people, including the senior management of almost all corporations.
Thus, for example, a cracker in New Jersey attacking computer networks in New York will not be prosecuted under the laws of California, since the activity had no connection to that state.
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The costs included responding to the attack, conducting a damage assessment, restoring the entire system and data to their previous states, and other costs associated with the interruption of network services, which also affected Quantum's clients.
For example, if an unauthorized party accesses, scans, probes, and gathers data from your network or website, these activities may be covered under a state trespassing law.
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He had previously been IT manager at Akimbo Systems, in charge of building and maintaining the network, and had hacked into its systems after he was fired.
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Parties seeking to resort to state law as an alternative to the CFAA or any other federal statute need to consider the available state statutes in evaluating whether such an alternative legal path is available.
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State laws that are relevant in the computer crime arena include both new state laws being passed by state legislatures in an attempt to protect their residents and traditional state laws dealing with trespassing, theft, larceny, money laundering, and other crimes.
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