Crime laws, continued...
b. In this scenario, (I) the person
causing the transmission does not intend the damage but operates
with reckless disregard of the risk that the transmission will
cause damage to the computer owners or operators, and causes
$1000 or more in loss or damage, or modifies or impairs, or potentially
modifies or impairs, a medical treatment or examination.
This means that even if you can prove you
harmed the computer by accident, you still may go to prison.
Penalty for acting with reckless disregard:
Fine and/or up to 1 year in prison.
6. Furthering a fraud by trafficking
in passwords or similar information which will allow a computer
to be accessed without authorization, if the trafficking affects
interstate or foreign commerce or if the computer affected is
used by or for the government. (The offense must be committed
knowingly and with intent to defraud.)
A common way to break this part of the
law comes from the desire to boast. When one hacker finds a way
to slip into another person’s computer, it can be really
tempting to give out a password to someone else. Pretty soon dozens
of clueless newbies are carelessly messing around the victim computer.
They also boast. Before you know it you are in deep crud.
Penalty: Fine and/or up to 1 year
in prison, up to 10 years if repeat offense.
Re: #4 Section 1030 defines
a federal interest computer as follows:
1. A computer that is exclusively
for use of a financial institution[defined below] or the U.S.
government or, if it is not exclusive, one used for a financial
institution or the U.S. government where the offense adversely
affects the use of the financial institution’s or government’s
operation of the computer; or
2. A computer that is one of two
or more computers used to commit the offense, not all of which
are located in the same state.
This section defines a financial institution
as follows:
1. An institution with deposits insured
by the Federal Deposit Insurance Corporation(FDIC).
2. The Federal Reserve or a member
of the Federal Reserve, including any Federal Reserve Bank.
3. A credit union with accounts insured
by the National Credit Union Administration.
4. A member of the federal home loan
bank system and any home loan bank.
5. Any institution of the Farm Credit
system under the Farm Credit Act of 1971.
6. A broker-dealer registered with
the Securities and Exchange Commission(SEC) within the rules of
section 15 of the SEC Act of 1934.
7. The Securities Investors Protection
Corporation.
8. A branch or agency of a foreign
bank (as defined in the International Banking Act of 1978).
9. An organization operating under
section 25 or 25(a) of the Federal Reserve Act.
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