Created by FindLaw's team of legal writers and editors | Last updated May 02, 2019

 

There are several types of computer crimes, but some of the most high-profile examples involve hacking. With data breaches increasingly becoming daily occurrences, hackers have affected everything from the economical (including numerous retail businesses) to the political by invading every aspect of our lives.

 

However, hacking doesn't always rise to the level of a crime. Because of the varying degrees of hacking and it's increasing prevalence in our society, it's important to understand where the lines are drawn. Read on to learn more about hacking laws and punishments and what remedies may apply to victims of electronic intrusions.

 

Definition of Hacking

 

Hacking is broadly defined as the act of breaking into a computer system. Hacking isn't always a crime as "ethical hacking" occurs when a hacker is legally permitted to exploit security networks. In other words, it's when a hacker has the appropriate consent or authorization. However, hacking crosses the criminal line when a hacker accesses someone's computer system without such consent or authority.

 

For instance, if an individual acts without consent or any lawful authorization (i.e. from law enforcement agency and/or a court order) and penetrates a business' firewall to access private servers and cloud storage systems or uses phishing to install malware to desktop and laptop computers with the intent to monitor communications and activities, they can be charged with a crime.

 

Federal Hacking Laws

 

There are several federal laws that address hacking, including:

 

The Computer Fraud and Abuse Act (CFAA);

The Stored Communications Act (SCA);

The Electronic Communications Privacy Act (ECPA); and

The Defend Trade Secrets Act (DTSA).

 

Computer Fraud and Abuse Act

 

The Computer Fraud and Abuse Act (CFAA) is the leading federal anti-hacking legislation that prohibits unauthorized access to another's computer system. Although the law was originally meant to protect the computer systems of U.S. government entities and financial institutions, the scope of the Act expanded with amendments to include practically any computer in the country (including devices such as servers, desktops, laptops, cellphones, and tablets).

 

Criminal Penalties Under the CFAA

 

The chart below provides select examples of violations of the CFAA and the penalties.

 

Offense

 

Penalties (Prison Sentence)

 

Obtaining National Security Information

 

10 years; 20 years maximum for a second conviction.

 

Accessing a Computer to Defraud and Obtain Value

 

5 years; 10 years maximum for a second conviction.

 

Accessing a Computer and Obtaining Information

 

1-5 years; 10 years maximum for a second conviction.1-10 years; 20 years maximum for a second conviction.

 

Intentionally Damaging by Knowing Transmission

 

1-10 years; 20 years maximum for a second conviction.

 

Extortion Involving Computers

 

5 years; 10 years maximum for a second conviction.

 

Trafficking in Passwords

 

1 year; 10 years maximum for a second conviction.

https://criminal.findlaw.com/criminal-charges/hacking-laws-and-punishments.html