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Federal Computer Fraud: CFAA Violations and Hacking Charges
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Federal Computer Fraud: CFAA Violations and Hacking Charges
Computer fraud charges under the Computer Fraud and Abuse Act (CFAA) have expanded far beyond traditional “hacking.” Today, 18 USC 1030 is used to prosecute everything from unauthorized database access to password sharing. Penalties range from 1 to 20 years depending on the violation, and prosecutors are increasingly aggressive in these cases.
Understanding the CFAA
The CFAA prohibits various forms of unauthorized computer access:
Accessing without authorization – Never had permission to access the system
Exceeding authorized access – Had some permission but went beyond it
Trafficking in passwords – Selling or sharing access credentials
Damaging computers – Intentionally causing damage to systems
Fraud through computers – Using access to commit fraud
Penalties by Section
1030(a)(1) – Espionage-related computer crimes: Up to 10 years
1030(a)(2) – Accessing information: Up to 1-5 years
1030(a)(3) – Accessing government computers: Up to 1 year
1030(a)(4) – Computer fraud: Up to 5-10 years
1030(a)(5) – Damaging computers: Up to 1-20 years
1030(a)(6) – Password trafficking: Up to 1-10 years
1030(a)(7) – Extortion through computers: Up to 5 years
Common Scenarios
Data breaches – Unauthorized access to databases
Disgruntled employees – Accessing systems after termination
Competitive intelligence – Accessing competitor systems
DDoS attacks – Disrupting computer services
Credential theft – Phishing, keylogging, password attacks
Ransomware – Encrypting systems for payment
Defense Strategies
Authorization Defense
If you had authorization to access the system, there’s no CFAA violation. Employment agreements, terms of service, and usage policies define authorization.
Scope of Authorization
Recent Supreme Court case Van Buren v. United States narrowed “exceeds authorized access.” Using a system for improper purposes isnt automatically exceeding authorization if you had legitimate access.
No Damage
Many CFAA provisions require showing “damage” or “loss.” If access didnt cause damage, some charges may not apply.
No Intent
CFAA generally requires intentional conduct. Accidental access or negligent security practices may not satisfy intent requirements.
Act Now
Computer fraud investigations involve complex digital forensics. Evidence can be voluminous and technical. Early engagement of defense counsel—including digital forensics experts—is critical. Contact a federal cybercrime defense attorney immediately.