| Computer Fraud And Abuse Act |
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Information AboutComputer Fraud And Abuse Act |
| CATEGORIES ABOUT COMPUTER FRAUD AND ABUSE ACT | |
| 1986 in law | |
| united states federal commercial legislation | |
| computer law | |
| computer security procedures | |
| information technology audit | |
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The USA PATRIOT Act increased the scope and penalties of this act by: #raising the maximum penalty for violations to 10 years (from 5) for a first offense and 20 years (from 10) for a second offense; # 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; # allowing aggregation of damages to different computers over a year to reach the $5,000 threshold; # enhancing punishment for violations involving any (not just $5,000) damage to a government computer involved in criminal justice or the military; # including damage to foreign computers involved in US interstate commerce; # including state law offenses as priors for sentencing; and # expanding the definition of loss to expressly include time spent investigating and responding for damage assessment and for restoration. CRIMINAL OFFENSES UNDER THE COMPUTER FRAUD AND ABUSE ACT #Knowingly accessing a computer without authorization to obtain national security data #Intentionally accessing a computer without authorization to obtain ##Information contained in a financial record of a financial institution, or contained in a file of a consumer reporting agency on a consumer. ##Information from any department or agency of the United States ##Information from any protected computer if the conduct involves an interstate or foreign communication #Intentionally accessing without authorization a government computer and affecting the use of the government's operation of the computer. #Knowingly accessing a computer with the intent to defraud and there by obtaining anything of value. #Knowingly causing the transmission of a program, information, code, or command that causes damage or intentionally accessing a computer without authorization, and as a result of such conduct, causes damage that results in: ##Loss to one or more persons during any one-year period aggregating at least $5,000 in value. ##The modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals. ##Physical injury to any person. ##A threat to public health or safety. ##Damage affecting a government computer system #Knowingly and with the intent to defraud, trafficking in a password or similar information through which a computer may be accessed without authorization. DECISIONS REFERRING TO THIS ACT
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