Computer Fraud And Abuse Act

1. raising the maximum penalty for violations to 10 years (from 5) for a first offense and 20 years (from 10) for a second offense;
2. ensuring that violators only need to intend to cause damage generally, not intend to cause damage or other specified harm over the $5,000 statutory damage threshold;
3. allowing aggregation of damages to different computers over a year to reach the $5,000 threshold;
4. enhancing punishment for violations involving any (not just $5,000) damage to a government computer involved in criminal justice or the military;
5. including damage to foreign computers involved in US interstate commerce;
6. including state law offenses as priors for sentencing; and
7. expanding the definition of loss to expressly include time spent investigating and responding for damage assessment and for restoration.

Decisions referring to this act

• http://cyberlaw.stanford.edu/packets/vol_1_no_1/001500.shtml Theofel v. Farey Jones, 2003 U.S. App. Lexis 17963, decided August 28, 2003 (U.S. Court of Appeals for the Ninth Circuit). Using a civil subpoena which is patently unlawful, bad faith and at least gross negligence to gain access to stored email is a breach of this act and the Stored Communications Act.

External link

• text of law (18 USC 1030)

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