Computer Crime Rules According to Computer Fraud and Abuse Act (CFAA)

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Computer Crime Rules According to Computer Fraud and Abuse Act (CFAA)

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Computer Crime Rules According to Computer Fraud and Abuse Act, CFAA, computer crimes

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Computer crime has today become a global phenomenon. It entails the use of a computer to commit a crime or even the criminal exploitation of a computer or the internet. It can as well involve offences committed against people or groups of people mainly with the criminal motive of harming the victim's reputation, causing physical or mental harm whether directly or indirectly to the victim. Determining whether a computer related offense is a crime or not may be difficult. This paper brings out what the rules of computer crime should be, with regard to various cases computer crimes whose committers think that they did nothing wrong. The central question is whether the law against unauthorized access a good idea or whether there is the need for some other standards such as whether the perpetrator caused any actual arm and whether the perpetrator acted maliciously such as the intent of causing harm. The Computer Fraud and Abuse Act (CFAA) clarifies all these and it has been amended several time to make it specific.

It is apparently wrong to consider the CFAA as too broad
It is also specified through the CFAA that any person who intentionally gains unauthorized access to a computer or even surpassed the required authorized access and hence illegally obtains confidential information can be said to have a malicious intent
According the CFAA a computer crime would also occur when an individual gains access without authorization to a non-public computer of a government's agency or department
It is also specified in the CFAA that whenever knowingly a person causes the transmission of information
It would also be against the law to defraud traffics knowingly and with the intent to do so in any given password or related information that could lead to an unauthorized access to a computer
Generally in all the provisions of the CFAA, it has been made that an act becomes a computer crime where the perpetrator causes actual harm and where the intent is malicious

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[...] justice.gov. Office of Legal Education Executive Office for United States Attorneys. Retrieved June Prosecuting Computer Crime manual. Washington, DC: Office of Legal Education Executive Office for United States Attorneys Online . Varma, Corey. What is the Computer Fraud and Abuse Act. Jan 2015. Web April 2015. [...]

[...] Computer Crime Computer crime has today become a global phenomenon. It entails the use of a computer to commit a crime or even the criminal exploitation of a computer or the internet. It can as well involve offences committed against people or groups of people mainly with the criminal motive of harming the victim's reputation, causing physical or mental harm whether directly or indirectly to the victim. Determining whether a computer related offense is a crime or not may be difficult. [...]

[...] Actual harm may be hard to evaluate, but the CFAA specifies a general case of harm such as damage and impact on normal operations before the perpetuation. Thus, the CFAA is not too broad. It is specifically structured to accommodate various malicious acts that can arise due to the changing trends in computer technology. Works Cited 18 U.S. Code Fraud and related activity in connection with computers Web Apr 2015. Jarrett, H. Marshall and Michael W. Bailie. Prosecution of Computer Crimes" (PDF). [...]

[...] Unauthorized access would also be charged as a crime when a person does it knowingly with intent to defraud and through such intent obtains something of value. Exclusions are however provided for cases where the fraud object and what is obtained is only used for the computer and that its use does not exceed $5,000 within a period of one year (18 U.S. Code 1030 This provision is one of the few cases where acts of computer crime are not adequately covered by the law against such crimes. [...]

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