Computer and internet fraud - sustany/dvg GitHub Wiki

Computer and internet fraud�entails the�criminal�use of a computer or the Internet and can take many different forms. While some argue that �hacking� is a neutral term (see United States v. Thompson (2022)) illegal hacking�is when a perpetrator unlawfully gains access to a computer or system, or intercepts an electronic transmission unintended for the interceptor,�such as�passwords, credit card information, or engages in other types of identity�theft through the interception or misuse of an electronic transmission.�

Statutory Definition

Computer�fraud�is defined in�federal�law�in the�Computer�Fraud and Abuse Act (CFAA)�as the access of a protected computer without authorization or exceeding authorization. The�plain text of the�statute�appears to limit which computers are protected by the�law: the term �protected computer� means a computer which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States. However, in practice a "protected computer" has been defined as any computer with Internet access. This is because the Internet is an "instrumentality and channel of�interstate commerce.��Thus, the courts apply the law to nearly all computers by invoking the�Commerce Clause (see United States v. Nosal and United States v. MacEwan).�

Specifically, the CFAA prohibits computer�espionage, computer�trespassing�on private or public computers, committing�fraud�with a computer, the distribution of malicious code, password trafficking, threatening to damage a protected computer. Although the CFAA�is primarily a�criminal�statute, it does define a�civil�cause of action�in�� 1030(g).

Examples of computer or internet�fraud�in action include but are not limited to:

  • Emails requesting money in return for small deposits, also known as an�advance-fee scam, such as the infamous Nigerian prince scam.
  • Emails attempting to gather personal information such as account numbers, Social Security numbers, and passwords; also known as�phishing.
  • Using someone else�s computer to access personal information with the intent to use it fraudulently.
  • Installing spyware or malware to engage in data mining.
  • Violating�copyright�laws by copying information with the intent to sell it.
  • Hacking into or illegally using a computer to change information, such as grades, work reports, etc.
  • Sending computer viruses or worms (a worm being a computer program to copy itself into other computers) with the intent to destroy or ruin another's computer.
  • Denial of service, in which an authorized user's access to a network is intentionally interrupted.

Violators may be�prosecuted�under:

  • 17�U.S.C. � 506�Copyright Infringement - Criminal Offenses
  • 18 U.S.C. � 1028��Fraud and Related Activity in Connection with Identification Documents, Authentication Features, and Information
  • 18 U.S.C. � 1029�Fraud and Related Activity in Connection with Access Devices
  • 18 U.S.C. � 1030�Fraud and Related Activity in Connection with Computers
  • 18 U.S.C. � 1343�Fraud by Wire, Radio, or Television
  • 18 U.S.C. � 1362�Malicious Mischief - Communication Lines, Stations, or Systems
  • 18 U.S.C. � 2511�Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
  • 18 U.S.C. � 2701�Unlawful Access to Stored Communications
  • 18 U.S.C. � 2702�Voluntary Disclosure of Customer Communications or Records
  • 18 U.S.C. � 2703�Required Disclosure of Customer Communications or Records

Key Internet Sources

  • U.S. Department of Justice:�Computer Crime and Intellectual Property Section (CCIPS)
  • Internet Crime Complaint Center
  • Identity Theft
  • USA.Gov - Internet Fraud

See also�White-collar crime,�Investor Protection Guide: Internet Fraud,�Online Copyright Infringement Liability Limitation Act,�spam.