Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. § 1030, is the primary U.S. federal law addressing computer-related crimes. Enacted in 1986 and amended multiple times since, it was originally designed to combat hacking but now covers a broad range of cyber offenses 1 2.
Purpose and Scope
The CFAA criminalizes various forms of unauthorized access to computers and networks. It applies to:
- Protected computers, which include any device used in or affecting interstate or foreign commerce (essentially any internet-connected device).
- Government systems, financial institutions, and systems involved in national security.
Key Prohibited Acts
The CFAA outlines seven categories of prohibited conduct 2:
1. Unauthorized access to obtain national security or protected information.
2. Accessing government computers without authorization.
3. Computer-based fraud through unauthorized access.
4. Causing damage by transmitting malicious code or commands.
5. Trafficking in passwords or access credentials.
6. Extortion involving threats to damage or expose computer data.
7. Exceeding authorized access, such as accessing restricted areas of a system beyond one's permissions.
Criminal Enforcement
Federal agencies like the FBI, Secret Service, and the DOJ’s Computer Crime and Intellectual Property Section (CCIPS) investigate CFAA violations. Prosecutors must consider:
Civil Remedies
Under 18 U.S.C. § 1030(g), the CFAA allows civil lawsuits for damages exceeding $5,000 within a year. Victims can seek:
- Compensatory damages
- Injunctive relief
- Punitive damages in some cases
This is often used in corporate disputes, especially involving former employees or competitors accessing proprietary systems 1.
Penalties
Penalties vary based on the offense:
- Up to 10 years for first-time offenses involving national security.
- Up to 20 years for repeat violations.
- Fraud-related offenses can lead to 5–10 years.
- Damage exceeding $5,000, or affecting critical infrastructure, can result in enhanced sentencing 1.
Legal Interpretation Challenges
One of the most debated aspects is the definition of “unauthorized access”:
- Courts have struggled to define it, especially in cases where users misuse credentials they are authorized to use.
- The Supreme Court’s decision in Van Buren v. United States (2021) narrowed the scope, ruling that misuse of accessible data does not constitute exceeding authorized access 1.
Good-Faith Security Research
In 2022, the DOJ clarified that ethical hacking aimed at identifying vulnerabilities should not be prosecuted under the CFAA. This protects cybersecurity professionals conducting legitimate testing 3.