Computer Fraud And Abuse Act (CFAA)

The Computer Fraud and Abuse Act (CFAA) were ratified in 1986 and was the foundation of the cyber security law. The federal statute prohibits activities that abuse or obtain unauthorized access to computer systems and networks. It was enacted to provide protection to federal computers, bank computers, and any computers connected to the Internet. After the terrorist attacks in 2001, the Patriot Act expanded the CFAA to include the search and seizure of an Internet Search Provider’s records. The act specifically protects against trespassing, threats, damage, trafficking, espionage, and when used as a tool to commit fraud. Penalties can vary greatly depending on the type and severity of crime, systems abused, and impact. Prison terms can range

She was one of the first people to be charged for cyberbullying. Drew was a 49-year-old mother who conspired with her daughter and one of her daughters’ friends into creating a fake MySpace profile of a fictional teenage boy. Drew used the fake profile to befriend 13-year-old Megan Meier and then turn on her and embarrass her online. Due to the online humiliation, Meier eventually committed suicide. Bullying in schools had already been in the national media spotlight in the recent years. Although, Drew had now taken bullying to a new level given the birth of online social media. Drew did not believe this was bullying since there were not any physical contact and no face to face threats made. But once the case was in the media there was a public outcry to convict Drew for cyberbullying. However, there were no federal statutes concerning cyberbullying the federal prosecutors attempted to use the poorly written act to punish Drew. She was eventually charged with “unauthorized access” to MySpace’s computers by creating the fake profile, which was in violation of the web site’s terms of service. The user agreement for MySpace required those registering for accounts provide truthful information about themselves and to not use the MySpace services to harass other people. Despite the federal prosecutor’s best efforts, Drew was only charged with a misdemeanor violation of the

This section condemns intentionally accessing a computer without authorization or by exceeding authorized access. This includes using that access to obtain information in financial records of a financial institution, information from any United States department or agency, or information on a protected computer. Penalties of this section are complex. Some of the crimes punishable by this section are interstate or foreign transportation of stolen property, theft of federal government information, economic espionage, copyright infringement, and money laundering. Simple violations may be convicted as misdemeanors, up to a year in prison, and a fine of up to $100,000. More serious violations may be punished with up to five years imprisonment and up to $250,000 in fines. For repeat offenders punishment can include up to 10 years in prison and/or a fine up to