The Computer Fraud and Abuse Act was originally enacted in 1984 to provide a clear statement of proscribed activity concerning computers to the law enforcement community, those who own and operate computers and those tempted to commit crimes by unauthorized access to computers. Rather than having to ``boot-strap'' enforcement efforts against computer crime by relying on statutory restrictions designed for other offenses, the Computer Fraud and Abuse statute, 18 U.S.C. 1030, set forth in a single statute computer-related offenses. This first Federal computer crime statute made it a felony to access classified information in a computer without authorization and a misdemeanor to access financial records or credit histories in financial institutions or to trespass into a Government computer. Report of the Senate Committee on the Judiciary on the National Information Infrastructure Protection Act (August 27, 1996)

Judiciary Committee, S Report No 99-432

at 6: "the premise of 18 U.S.C. § 1030(a)(2) will remain the protection, for privacy reasons, of computerized credit records and computerized information relating to customers' relationship with financial institutions... Because the premise of this subsection is privacy protection, the Committee wishes to make clear that 'obtaining information' in this context includes mere observation of data.".

At 10: "[T]he mere use of a computer or computer service has a value all of its own. Mere trespasses onto someone else's computer system can cost the system provider a "prot" or access channel that he might otherwise be making available for a fee to an authorized user. At the same time, the Committee believes it important to distinguish clearly between acts of fraud under (a)(4), punishable as felonies, and acts of simple trespass, punishable in the first instance as misdemeanors. That distinction would be wiped out were the Committee to treat every trespass as an attempt to defraud a service provider of computer time."

Amendments

Patriot Act

National Information Infrastructure Protection Act of 1996

On June 29, 1995, Senators Kyl, Leahy, and Grassley introduced the NII Protection Act, S. 982. At hearings in both the House of Representatives and the Senate, representatives from Federal law enforcement agencies expressed the need for, and their support of, this bill. Specifically, Attorney General Janet Reno discussed the provisions of S. 982 in her October 30, 1995, responses to written questions in connection with the June 27, 1995, Judiciary Committee oversight hearing of the Department of Justice; Federal Bureau of Investigation Director Louis Freeh testified about S. 982 during the February 28, 1996, joint hearing with the Select Committee on Intelligence and the Judiciary Committee on economic espionage; and U.S. Secret Service Deputy Assistant Director of Investigations Robert Rasor testified about S. 982 during the October 11, 1995, hearing of the House Committee on Banking and Financial Services Subcommittee on domestic and International Monetary Policy.
As intended when the law was originally enacted, the Computer Fraud and Abuse statute facilitates addressing in a single statute the problem of computer crime, rather than identifying and amending every potentially applicable statute affected by advances in computer technology. As computers continue to proliferate in businesses and homes, and new forms of computer crimes emerge, Congress must remain vigilant to ensure that the Computer Fraud and Abuse statute is up-to-date and provides law enforcement with the necessary legal framework to fight computer crime. The NII Protection Act will likely not represent the last amendment to this statute, but is necessary and constructive legislation to deal with the current increase in computer crime.
On June 13, 1996, the Committee on the Judiciary first considered the NII Protection Act, S. 982, as an amendment made by Senators Leahy, Kyl, and Grassley to H.R. 1533, a bill to amend title 18, United States Code, to increase the penalty for escaping from a Federal prison. At that time, with a quorum present, by voice vote, the Committee unanimously accepted the Leahy-Kyl-Grassley amendment to H.R. 1533, and unanimously ordered H.R. 1533, so amended, favorably reported.
On August 1, 1996, the Committee on the Judiciary, with a quorum present, again accepted an amendment in the nature of a substitute to S. 982 offered by Senator Leahy, on behalf of himself and Senators Kyl and Grassley. The amendment included the provisions in the S. 982, as introduced, with one modification. As discussed in more detail below, the amendment inserted the word ``nonpublic'' before ``computer of a department or agency'' in section 2(1)(C)(I) of the bill. The Leahy-Kyl-Grassley amendment was accepted by voice vote, and the Committee, also by voice vote, then unanimously ordered S. 982, as amended, favorably reported.
Report of the Senate Committee on the Judiciary on the National Information Infrastructure Protection Act (August 27, 1996)

USDOJ, The National Information Infrastructure Protection Act of 1995 www.usdoj.gov/criminal/cybercrime/s982.htm.

Electronic Communications Privacy Act

Federal Information Security Management Act (FISMA) of 2002, Public Law 107-347.

Requires annual report card of agencies' security efforts

Information Infrastructure Protection Act of 1996

Computer Security Act of 1987 | CIO Copy | EPIC | PL 100-235 |

Jones Telecom: Computer Fraud

Electronic Communications Privacy Act

GSA Computers and Information Technology

CCIPS: Federal Computer Intrusion Laws

DOJ Material

Legislative Analysis

CCIPS: Federal Code Related to Cybercrime

Example statement of a federal agency website warning against illegal activity.

State Law

Computer Hacking and Unauthorized Access Laws, National Conference of State Legislatures

Government

Charles Doyle, Cybercrime: A Sketch of 18USC 1030 and Related Federal Criminal Laws

, Congressional Research Service (Dec. 27, 2010)

DOJ It’s Not Just Fun and "War Games" – Juveniles and Computer Crime, Joseph V. DeMarco, USA Bulletin (May 2001)

DOJ Working with Victims of Computer Network Hacks, Richard P. Salgado, USA Bulletin(March 2001)

DOJ Supervised Release and Probation Restrictions in Hacker Cases, Christopher M.E. Painter, USA Bulletin (March 2001)

Caselaw (select cases)

DOJ Computer Intrusion Cases

Appellate

United States v. Nosal, 676 F.3d 854, 863 (9th Cir. 2012) (en banc) ("[W]e hold that the phrase `exceeds authorized access' in the CFAA does not extend to violations of use restrictions. If Congress wants to incorporate misappropriation liability into the CFAA, it must speak more clearly.")

US v. Rodriguez, 628 F. 3d 1258 - Court of Appeals, 11th Circuit 2010

United States v. John, 597 F.3d 263, 271 (5th Cir. 2010) (where employee had authorization to access computers, scope of that authorization could be construed as limited. Defendant knew or should have known that she was not authorized to access computers for activities in furtherance of a crime).

Rehberg v. Paulk, (11th Cir. March 11, 2010) (if you send an email to anyone else, you have relinquished any privacy interest in that email)

Orin Kerr, Eleventh Circuit Decision Largely Eliminates Fourth Amendment Protection in E-Mail, Volokh Conspiracy (Mar. 2010)

LVRC Holdings LLC v. Brekka, 581 F.3d 1127, 1130-31 (9th Cir. 2009)

A. V. ex rel. Vanderhye v. iParadigms, LLC, 562 F.3d 630, 645 (4th Cir. 2009) (concluding that use of another's password to access website without website owner's permission was unauthorized access in violation of CFAA);

United Slates v. Phillips, 477 F.3d 215, 219 (5th Cir. 2007) (the scope of an individual's authorization to access a computer network is analyzed "on the basis of the expected norms of intended use.")

US v Trotter, No 05-4202 (8th Cir. Feb. 23, 2007) (ruling that Salvation Army's computers are protected computers as they are engaged in interstate communications connected to the Internet)

Fiber Systems International v. Roehrs, 2006 WL 3378403 (5th Cir. Nov. 22, 2006) (finding that CFAA authorizes a private right of action for all of its provisions)

U.S. v. Walters, 182 Fed. Appx. 944, 945 (11th Cir. 2006)

U.S. v. Millot, 433 F.3d 1057, 1061 (8th Cir. 2006)

International Airports Centers v. Citrin, 440 F3d 418 (7th Cir 2006) (company has a cause of action where departing employ deleted files off of laptop and used a trace removal program to scrub the laptop of any vestige of the files)

PC Yonkers v. Celebrations the Party and Seasonal Superstore, __ F3d __ (3rd Cir. Nov. 2005) (dismissing claim pursuant to 1030(a)(4) for lack of evidence of anything taken)

Register.com, Inc. v. Verio, Inc., 126 F. Supp. 2d 238 (S.D.N.Y. 2000), aff’d in part, rev’d in part, 356 F.3d 393 (2d Cir. 2004) (facts involved Verio's utilization of a search bot)

Creative Computing v. Getloaded.com LLC, 386 F.3d 930 (9th Cir. 2004)

Theofel v. Farey-Jones, 359 F3d 1066, 1078 (9th Cir 2003)

EF Cultural Travel BV v. Zefer Corp., 318 F.3d 58 (1st Cir. 2003)

EF Cultural Travel BV v. Explorica, Inc. , 274 F.3d 577 (1st Cir. 2001)

former employees data-mined former employers website in contravention of confidentiality agreement and TOS

US v Middleton 231 F3d 1207 (9th Cir. 2000) (damages)

United States v Kevin Mitnick, 145 F.3d 1342 (9th Cir. 1998)

KEVIN DAVID MITNICK LICENSEE OF STATION N6NHG IN THE AMATEUR RADIO SERVICE FOR RENEWAL OF SATION KEVIN DAVID MITNICK FOR RENEWAL OF AMATEUR RADIO GENERAL CLASS OPERATOR LICENSE. Ordered a hearing on the application. (Dkt No. 01-344). Action by: The Commission. Adopted: 12/11/2001 by ORDER. (FCC No. 01-359). WTB

Mitnick Banned From Security Group, Security Focus 2/14/03

Why Kevin Mitnick Worries Me, Newsfactor 1/3/03

KEVIN DAVID MITNICK LICENSEE OF STATION N6NHG IN THE AMATEUR RADIO SERVICE FOR RENEWAL OF STATION LICENSE. Granted application of Kevin David Mitnick for Renewal of License of Station NGNHG in the Amateur Radio Service. (Dkt No. 01-344). Action by: ALJ Richard L. Sippel. Adopted: 12/20/2002 by Initial Decision. (FCC No. 02D-02). OALJ FCC-02D-02A1.pdf FCC-02D-02A1.txt, FCC 1/2/03

Freed Hacker Mitnick Debunks Myths Vnunet 10/18/02

Hacker Mitnick Sells Laptops, Allafrica 10/3/02

Mitnick to Plead for Ham License (Feb 8, 2002), Wired

"By this Order, we commence a hearing proceeding before an FCC Administrative Law Judge to determine, ultimately, whether the application of Kevin David Mitnick for renewal of Amateur Radio Station and General Class Operator License N6NHG should be granted. As discussed below, Mr. Mitnick is a convicted felon whose illegal activities have included the interception of electronic communications, computer fraud, wire fraud, and causing damage to computers. Based on the information before us, we believe that Mr. Mitnick's criminal behavior raises a substantial and material question of fact as to whether he possesses the requisite character qualifications to be and remain a Commission licensee. Because we are unable to make a determination that grant of Mr. Mitnick's application would serve the public interest, convenience, and necessity, we hereby designate the application for hearing, as required by Section 309(e) of the Communications Act of 1934, as amended."

Discussion of Kevin Mitnick

U.S. v. Czubinski, 106 F.3d 1069 (1st Cir. 1997)

unauthorized browzing aint no crime

unauthorized access to IRS database by IRS employee did not constitute a violation of 1030(a)(4) where government failed to establish anything of value was obtained

US v. Sablan, 92 F3d 865 (9th Cir. 1996)

Brown v. Waddell, 50 F.3d 285, 294 (4th Cir. 1995) (interception of pager signals)

United States v. Davis, 978 F.2d 415, 419–20 (8th Cir. 1992) (interception of satellite signals)

U.S. v. Morris, 928 F.2d 504 (2d Cir. 1991)

First famous Internet worm from 1988 which led to the establishment of CERT finding that the morris worm fell under the CFAA - "discussing criminal liability for putting a "worm" on the Internet and causing many computer systems to crash.

United States v Brown , 925 F2d 1301, 1308 (10th Cir. 1991), where the court held that purely intangible intellectual property, such as a computer program, cannot constitute goods, wares, merchandise, securities, or moneys which have been stolen converted, or taking within the meaning of § 2314."

United States v. Stegora, 849 F.2d 291, 292 (8th Cir. 1988).

District Court

GIVAUDAN FRAGRANCES CORPORATION v. Krivda, Dist. Court, D. New Jersey 2013 (""While disloyal employee conduct might have a remedy in state law, the reach of the CFAA does not extend to instances where the employee was authorized to access the information he later utilized to the possible detriment of his former employer.""

METABYTE, INC. v. NVIDIA CORP., Dist. Court, ND California 2013 ("The Ninth Circuit has recently made clear that the CFAA is not mean to serve as a supplement or replacement for misappropriation claims.")

Sharma v. Howard County, Dist. Court, D. Maryland 2013

ORACLE AMERICA, INC. v. SERVICE KEY, LLC, Dist. Court, ND California 2012

ANIMATORS AT LAW , INC . v . CAPITAL LEGAL SOLUTIONS , LLC Dist Court EDVA May 10, 2011 (denying motion to dismiss; whether investigation expenses after incursion were reasonable was a triable fact for the jury)

Hillsboro Dental, LCC v Hartford Casualty Insurance, Co., et al., Case No. 4:10-CV-271 (CEJ). United States District Court, E.D. Missouri, Eastern Division. December 14, 2010 (Def Motion to Dismiss where plaintiff failed to alleged that Defendant's actions were unauthorized)

Nucor Steel Marion, Inc., v. Mauer, Dist. Court, D. New Hampshire 2010

US v. Fowler, Case No. 8:10-cr-65-T-24 AEP (MDFL Oct. 25, 2010)

Systematic Formulas v Kim, Case No. 1:07-cv-00159-TC-DN (D Utah Sept 3, 2010)

Multiven, Inc. v. Cisco Systems, Inc., 2010 WL 2889262, at *3 (N.D. Cal. July 20, 2010)

National City Bank, N.A. v. Prime Lending, Inc., 2010 WL 2854247, at *4 n.2 (E.D. Wash. July 19, 2010)

Expert Janitorial, LLC v. Williams, 2010 WL 908740, at *8 (E.D. Tenn. Mar. 12, 2010);

Mktg. Tech. Solutions, Inc. v. Medizine LLC, No. 09 Civ. 8122(LLM), 2010 WL 2034404, at *7 (S.D.N.Y. May 18, 2010)

US v Aleynikov, SDNY Sept 3, 2010

Univ. Sports Pub. Co. v. Playmakers Media Co., No. 09 Civ. 8206(RJH), ___ F. Supp. 2d ___, 2010 WL 2802322, at *3-*4 (S.D.N.Y. July 14, 2010)

Global Policy Partners, LLC v. Yessin, 686 F. Supp.2d 642, 647 (E.D. Va. 2010) (CFAA plaintiff must show that qualifying costs are "reasonable" and were "caused" by a CFAA violation)

Orbit One Commc'ns, Inc. v. Numerex Corp., 692 F. Supp. 2d 373, 385 (S.D.N.Y. 2010)

Jet One Group, Inc. v. Halcyon Jet Holdings, Inc., No. 08 Civ. 3980(JS), 2009 WL 2524864, at *5 (E.D.N.Y. Aug. 14, 2009)

Dedalus Foundation v. Banach, 2009 WL 3398595, at *2 (S.D.N.Y. Oct. 16, 2009)

Continental Group, Inc. v. KW Property Management, LLC, 622 F. Supp.2d 1357, 1370 (S.D. Fla. 2009)

NCMIC Finance Corp. v. Artino, 638 F. Supp.2d 1042, 1065 (S.D. Iowa 2009)

Lori Drew

USA v Lori Drew

, No CR 08--0582-GW (CD CA Nov. 20, 2009) (Motion for Voluntary Dismissal on Appeal)

USA v Lori Drew

, No CR 08--0582-GW (CD CA Aug. 28, 2009)

"Treating a violation of a website's terms of service, without more, to be sufficient to constitute "intentionally access[ing] a computer without authorization or exceed[ing] authorized access" would result in transforming section 1030(a)(2)(C) into an overwhelmingly overbroad enactment that would convert a multitude of otherwise innocent Internet users into misdemeanant criminals. As noted in Section IV(A) above, utilizing a computer to contact an Internet website by itself will automatically satisfy all remaining elements of the misdemeanor crime in 18 U.S.C. §§ 1030(a)(2)(C) and 1030(c)(2)(A). Where the website's terms of use only authorizes utilization of its services/applications upon agreement to abide by those terms (as, for example, the MSTOS does herein), any violation of any such provision can serve as a basis for finding access unauthorized and/or in excess of authorization."

One need only look to the MSTOS terms of service to see the expansive and elaborate scope of such provisions whose breach engenders the potential for criminal prosecution. Obvious examples of such breadth would include: 1) the lonely-heart who submits intentionally inaccurate data about his or her age, height and/or physical appearance, which contravenes the MSTOS prohibition against providing "information that you know is false or misleading"; 2) the student who posts candid photographs of classmates without their permission, which breaches the MSTOS provision covering "a photograph of another person that you have posted without that person's consent"; and/or 3) the exasperated parent who sends out a group message to neighborhood friends entreating them to purchase his or her daughter's girl scout cookies, which transgresses the MSTOS rule against "advertising to, or solicitation of, any Member to buy or sell any products or services through the Services." See Exhibit 3 at 4. However, one need not consider hypotheticals to demonstrate the problem. In this case, Megan (who was then 13 years old) had her own profile on MySpace, which was in clear violation of the MSTOS which requires that users be "14 years of age or older." Id. at 2. No one would seriously suggest that Megan's conduct was criminal or should be subject to criminal prosecution.

Given the incredibly broad sweep of 18 U.S.C. §§ 1030(a)(2)(C) and 1030(c)(2)(A), should conscious violations of a website's terms of service be deemed sufficient by themselves to constitute accessing without authorization or exceeding authorized access, the question arises as to whether Congress has "establish[ed] minimal guidelines to govern law enforcement." Kolender, 461 U.S. at 358; see also City of Chicago v. Morales, 527 U.S. 41, 60 (1999). Section 1030(a)(2)(C) does not set forth "clear guidelines" or "objective criteria" as to the prohibited conduct in the Internet/website or similar contexts. See generally Posters 'N' Things, Ltd., 511 U.S. at 525-26. For instance, section 1030(a)(2)(C) is not limited to instances where the website owner contacts law enforcement to complain about an individual's unauthorized access or exceeding permitted access on the site.29 Nor is there any requirement that there be any actual loss or damage suffered by the website or that there be a violation of privacy interests.

The Government argues that section 1030(a)(2)(C) has a scienter requirement which dispels any definitional vagueness and/or dearth of guidelines, citing to United States v. Sablan, 92 F.3d 865 (9th Cir. 1996). The Court in Sablan did observe that:

[T]he computer fraud statute does not criminalize otherwise innocent conduct. Under the statute, the Government must prove that the defendant intentionally accessed a federal interest computer without authorization. Thus, Sablan must have had a wrongful intent in accessing the computer in order to be convicted under the statute. This case does not present the prospect of a defendant being convicted without any wrongful intent as was the situation in [United States v.] X-Citement Video [513 U.S. 64, 71-73 (1994)].

Id. at 869. However, Sablan is easily distinguishable from the present case as it: 1) did not involve the defendant's accessing an Internet website;30 2) did not consider the void-for-vagueness doctrine but rather the mens rea requirement; and 3) dealt with a different CFAA subsection (i.e. 18 U.S.C. § 1030(a)(5)) and in a felony situation.

The only scienter element in section 1030(a)(2)(C) is the requirement that the person must "intentionally" access a computer without authorization or "intentionally" exceed authorized access. It has been observed that the term "intentionally" itself can be vague in a particular statutory context. See, e.g., American Civil Liberties Union v. Gonzales, 478 F.Supp.2d 775, 816-17 (E.D. Pa. 2007), aff'd, 534 F.3d 181, 205 (3rd Cir. 2008), cert. denied, 129 S.Ct. 1032 (2009).

Here, the Government's position is that the "intentional" requirement is met simply by a conscious violation of a website's terms of service. The problem with that view is that it basically eliminates any limiting and/or guiding effect of the scienter element. It is unclear that every intentional breach of a website's terms of service would be or should be held to be equivalent to an intent to access the site without authorization or in excess of authorization. This is especially the case with MySpace and similar Internet venues which are publically available for access and use. See generally BoardFirst, 2007 U.S. Dist. LEXIS 96230 at *43. However, if every such breach does qualify, then there is absolutely no limitation or criteria as to which of the breaches should merit criminal prosecution. All manner of situations will be covered from the more serious (e.g. posting child pornography) to the more trivial (e.g. posting a picture of friends without their permission). All can be prosecuted. Given the "standardless sweep" that results, federal law enforcement entities would be improperly free "to pursue their personal predilections."31 Kolender, 461 U.S. at 358 (citing Smith v. Goguen, 415 U.S. 566, 575 (1994)).

In sum, if any conscious breach of a website's terms of service is held to be sufficient by itself to constitute intentionally accessing a computer without authorization or in excess of authorization, the result will be that section 1030(a)(2)(C) becomes a law "that affords too much discretion to the police and too little notice to citizens who wish to use the [Internet]." City of Chicago, 527 U.S. at 64.

Kim Zetter, Prosecutors Drop Plans to Appeal Lori Drew Case, WIRED (Nov. 20, 2009)(" Letting that interpretation stand would ultimately have given prosecutors the power to criminally prosecute anyone for violating a website's terms of service, Wu reasoned, and "would convert a multitude of otherwise innocent internet users into misdemeanant criminals." ")

Lori Drew Files New Bid for Dismissal on Grounds that MySpace Authorized Access, Wired 12/16/2008

Defense In Lori Drew Case Rests, As Judge Considers Dismissing The Case, Techdirt 11/25/2008

MySpace bully sentencing delayed, BBC 5/19/2009

Should Police Be Arrested For Illegal Hacking For Setting Up Fake Facebook Profile?, Techdirt 5/19/2009

Turnitin Errata: CFAA "Loss" Occurred After Complaint Was Filed, Techlaw 4/21/2009

Can Lori Drew Verdict Survive Appeal?, Wired 12/2/2008

Thanks To The Lori Drew Case, I Can Make Each Of You A Criminal, Techdirt 12/2/2008

Conviction in MySpace Suicide Case Dangerous Ruling, CDT 12/2/2008

MySpace bully case dismissed, BBC 12/2/2008

Lori Drew Case & Online Anonymity, Tech Lib Front 12/2/2008

Cyberbully Jury Nears Verdict on Three Charges, Struggles With Fourth, Wired 11/25/2008

Arguments in Case Involving Net and Suicide, NYT 11/20/2008

State Analysis, Inc. v. Am. Fin. Servs. Assocs., 621 F. Supp. 2d 309, 316 (E.D. Va. 2009) (concluding that use of another's password to access website without website owner's permission was unauthorized access in violation of CFAA)

MPC Containment Systems, Ltd., v. Moreland

No. 05 C 6973 (July 23, 2008) (defendant emailing company documents to his home computer may result in a CFAA claim)

Shamrock Foods Co. v. Gast, 535 F. Supp. 2d 962, 965-66 (D. Ariz. 2008)

Black & Decker Inc. v. Smith, 568 F. Supp. 2d 929, 934 (W.D. Tenn. 2008)

Diamond Power Int'l, Inc. v. Davidson, 540 F. Supp. 2d 1322, 1343 (N.D. Ga. 2007)

Calyon v. Mizuho Securities USA, Inc., No. 07 Civ. 2241(RO), 2007 WL 2618658, at *1 (S.D.N.Y. Sept. 5, 2007)

Wilson v Moreau (DRI 2006) (attorneys fees do not count towards $5000 damage threshold)

Lockheed Martin Corp v. Speed, Case No 6:05-cv-1580-Orl-31KRS (MDFl Aug 1, 2006) (Defendant did not access computers in excess of authority pursuant to s 1030(a)(4) where defendant copied files while still employed by Lockheed, but prior to departing for a rival firm).

SecureInfo Corp. v. Telos Corp., 387 F. Supp. 2d 593 (E.D. Va. 2005)

IMS Inquiry Management Systems v. Berkshire Information Systems , __ FSupp2d __ (SDNY Feb. 23, 2004) (court found a potential cause of auction where a competitor allegedly gained unauthorized access to a password protected online database through the use of a password issued to and obtained from one of plaintiff’s clients)

Pacific Aerospace & Elecs., Inc. v. Taylor, 295 F Supp 2d 1188, 1195 (ED Wash 2003).

Four Seasons Hotels and Resorts B.V. v. Consorcio Barr, S.A., 267 F. Supp. 2d 1268, 1322 (S.D. Fla. 2003) (access to protected network achieved via spoofing so that unauthorized computer appeared authorized)

In re Doubleclick Inc. Privacy Litigation, 154 F.Supp.2d 497 (S.D.N.Y.2001)

Court dismissed Computer Fraud and Abuse Act cause of action on grounds that damage caused by cookies did not meet statutory threshold, and that the use of cookies constitutes permissive access

In re Intuit Privacy Litigation, 138 F.Supp.2d 1272 (C.D.Cal.2001) (claim that use of cookies violates CFAA dismissed)

dismissing claims that cookies violate CFAA but finding a possible cause of action under ECPA’s stored communications provisions

Chance v. Avenue A, Inc., 165 F.Supp.2d (W.D.Wash.2001) (claim that use of cookies violates CFAA dismissed)

U.S. v. Smith, (D. N.J. May 1, 2001) (David Smith was charged with, and plead guilt to, releasing the Melissa virus and violating 1030(a)(5)(A))

Register.com v. Verio, Inc., 126 F. Supp. 2d 238 (S.D. N.Y. 2000)

Am. Online, Inc. v. Nat’l Health Care Disc., Inc., 121 F. Supp. 2d 1255, 1274 (N.D. Iowa 2000) (degrading network service can constitute damage)

Shurgard Storage Centers, Inc. v. Safeguard Self Storage, Inc., 119 FSupp2d 1121 (WD Wash 2000) (defining “protected computers” broadly)

"recent amendments to the federal Computer Fraud and Abuse Act create federal jurisdiction over damage caused to nearly all computers connected to the Internet."

"The CFAA was found in this case to provide a civil remedy by a private employer against employees who abuse their authority to access private company information by transmitting it to third parties via Internet email for their own personal advantage."

where individual was an employee who copied confidential business information and transmitted it to a competitor, the individual was acting as an agent of the competitor and therefore no longer was acting as an authorized employee, and the copying of the data constituted a breach to the integrity of the network and a loss to the plaintiff which could satisfy the damage thresholds of CFAA.

Scott Moulton and Network Installation Computer Services, Inc. v. VC3, Civ. Act. No. 1:00-CV-434-TWT (N.D.Ga. Nov. 6, 2000 ) (Court held that port scan was not actionable under CFAA).

Shaw v. Toshiba America Information Systems, Inc. , 91 F. Supp. 2d 926 (E.D. Tex. 1999) where the court permitted a claim to go forward on the basis that faulty code had resulted in data loss.

America Online, Inc. v. LCGM, Inc., 46 F. Supp. 2d 444 (E.D. Va. 1998) (AOL TOS against SPAM meant access was unauthorized)

North Texas Preventive Imaging, L.L.C. v. Eisenberg 1996 U.S. Dist. LEXIS 19990 (C.D. Cal. Aug. 19, 1996) (SA CV 96-71 AHS (EEx))

Where plaintiff alleged that defendant placed a disabling code in software without authorization in the license, plaintiff has stated a cause of action for a violation of 1030(a)(5).

Sec. IV.A: "On this issue, Senator Leahy stated that the new language would not criminalize the use of disabling code 'when their use is pursuant to a lawful licensing agreement that specifies the conditions for reentry or software disablement.' Although Senator Leahy did not state the converse proposition, i.e., that the bill did criminalize the use of disabling codes which are not specified in a lawful licensing agreement, this is certainly a reasonable implication of the statement. The court has fund nothing in the statute or legislative history to suggest that Congress intended a blanket exemption for the use of time bombs for the CFAA's prohibitions. Rather, time bombs would appear to fall within the statute's proscription on the use of 'codes, information, programs, or commands' to cause harm to protected computer systems. Whether the use of a time bomb is illegal appears to require a case-by-case analysis of the defendant's intent, the type of computer involved, and the resulting harm."

US v. Fernandez, 1993 WL 88197 (CDNY): "overruling vagueness objection to 1030(a)(5) and defining the term "federal interest computer""

US v. Morris, 728 FSupp 95, 96 (NDNY 1990): "defining elements of crime under 1030(a)(5) (see circuit court)

Cybercrimes

1030 Damage

US v. McDaniel (defendant emailed customers of former employer, elucidating them to the security vulnerabilities of the former employee's systems). Stanford Cyberlaw Clinic.

Stored Communications

Christine Souhrada, User Privacy and Anonymity on the Internet 2002 UCLA J.L. & Tech. Notes 22 ("See In re Doubleclick Inc. Privacy Litigation, 154 F.Supp.2d 497 (S.D.N.Y.2001) ("Doubleclick"), In re Intuit Privacy Litigation, 138 F.Supp.2d 1272 (C.D.Cal.2001) ("Intuit"), Chance v. Avenue A, Inc., 165 F.Supp.2d [1153] (W.D.Wash.2001) ("Chance")..... The Intuit court held that accessing the cookies on a user's hard drive, even those that the accessing party placed there, could be found to be an unauthorized access under the statute; however, the Doubleclick and Chance courts held that the EPCA did not protect cookies and that the advertising companies in those cases, to whom the cookies belonged, were exempted from the EPCA.")

Public Information

Register.com, Inc. v. Verio, Inc., 126 F. Supp. 2d 238, 255 (S.D.N.Y. 2000)

eBay, Inc. v. Bidder’s Edge, Inc., 100 F. Supp. 2d 1058, 1065 n.11 (N.D. Cal. 2000)

Niva Elkin-Koren, Let the Crawlers Crawl: On Virtual Gatekeepers and the Right to Exclude Indexing, 26 U. DAYTON L. REV. 179, 183 (2001)

Maureen A. O’Rourke, Property Rights and Competition on the Internet: In Search of an Appropriate Analogy, 16 BERKELEY TECH. L.J. 561, 574-80 (2001)

Statistics

IC3 2009 Annual Report on Internet Crime Released, IC3 3/15/2010
Center for Strategic and International Studies, Significant Cyber Incidents Since 2006 (2010)
Internet Security Report, Symantec April 2010 " The Symantec Internet Security Threat Report provides an annual overview and detailed analysis of Internet threat activity, malicious code, and known vulnerabilities. The report also discusses trends in phishing, spam and observed activities on underground economy servers. "
Akamai State of the Internet Report 2Q09
FTC Consumer Sentinel Network Databook CY 2008 (Feb. 2009)
New Study Shows Need for Americans to Focus on Securing Online Accounts and Backing Up Critical Data, National Cyber Security Alliance Oct 29
2008 Internet Crime Report, Internet Crime Complaint Center
New Report: Internet Crime: The latest Numbers (FBI 2007)
Web Crime Spikes in 2007, Losses Near $240M, Ecommerce Times 4/8/2008
1st Quarter 2008, The State of the Internet Report, Section 2: Security, Akamai (2008)
2008 IC3 Annual Report Adobe
2007 Internet Crime Complaint Center Annual Report, IC3 4/8/2008
Major Gaps Still Exist Between the Perception and the Reality of Americans' Internet Security Protections, Study Finds, National Cyber Security Alliance 2008
Survey: Cost of Cybercrime Reaches $7 Billion, eweek 8/8/2007
Cybercrime Costs US Economy at Least $117B Each Year, Ecommerce Times 7/27/2007
Phishing Attack Trends Report - December 2007
E-Crime Watch Survey, CERT 10/3/2006
2005 E-CrimeWatch Survey Summary of Findings, CERT 7/26/2005
Spam, Worms, And Spyware Flourished In Spring, Says Report, Internet Week 7/26/2005
Updated CERT Statistics, CERT 8/9/2005
2005 E-Crime Watch Survey: Summary of Findings, CERT 7/22/2005
Computer Security Institute Cybercrime report, CSI 7/19/2005
Cyber Crime Rates, Losses Fall, Says Survey, Internet Week 7/19/2005
Updated CERT/CC Statistics, CERT 4/11/2005
Cyber crime booms in 2004, BBC 1/4/2005
2004 E-Crime Watch SurveyTM: Summary of Findings, CERT 9/24/2004
Report finds 84% jump in security incidents, CW 4/7/03
Cybercrime Statistics from the Bureau of Justice Statistics (BJS)
CERT/CC Statistics CERT 10/23/02
US hackers top ICC's annual review of cybercrime, ICC 5/14/03
FBI survey finds computer attacks up, USA Today 4/8/02
FBI Cybercrime Rising, CNN 4/8/02
FBI: Computer System Attacks, Threats on the Rise, Newsfactor 4/8/02
Updated CERT/CC Statistics, CERT 8/2/02
Internet Attacks Seen Doubling This Year, ZDNN 10/16/01
Cybercrime against Businesses: Pilot Test Results, 2001 Computer Security Survey, US DOJ Bureau of Justice Statistics
Law enforcers report spike in cybercrime, USAToday 09/01/01
Record-breaking year for security incidents expected, CW 11/27/01
Study: Nearly 4,000 DoS attacks occur per week, CNN 5/25/01
Pentagon Computers Hacked 215 Times in Past Year, Newsfactor 5/18/01

Federal Activity

Promoting Global Cybersecurity is theme of World Telecommunication Day 2006, ITU 7/26/2005
Man Indicted for Hacking Computers Belonging to Public Affairs Group (October 22, 2001), DOJ 11/1/01
May 22 Senate Judiciary Committee Technology Sub "Challenges in Cybercrime: The National Infrastructure Protection Center." 10:00 a.m. in DSOB 226
Attorney General Ashcroft's Remarks before the First Annual Computer Privacy, Policy & Security Insititute (May 22, 2001), DOJ 5/25/01
Thursday, May 24, 2001 House Judiciary Comm Oversight Hearing on "Fighting Cyber Crime: Efforts by State and Local Officials. 10:30 am 2237 RHOB, Cong 5/23/01
Joseph DeMarco, It's Not Just Fun and "War Games" - Juveniles and Computer Crime, US Attorney's Bulletin (May 2001)
"Cybercrime Summit: A Law Enforcement/Information Technology Industry Dialogue April 5 2000
"On April 5, 2000, the Department of Justice hosted a Cybercrime Summit at Stanford Law School, titled "Cybercrime Summit:A Law Enforcement/Information Technology Industry Dialogue on Prevention, Detection, Investigation and Cooperation," at which Attorney General Janet Reno and members of the Justice Department and other law enforcement agencies met with representatives of information technology and Internet companies. The main topic of the Summit was how to improve cooperation between law enforcement and industry in investigating computer network hacking. Linked below are the Attorney General’s Opening Remarks from the Summit, as well as the Question & Answer session between industry representatives and the Attorney General.
"Opening Remarks of Attorney General Janet Reno at the Cybercrime Summit (April 5, 2000)
"Question and Answer Session with Attorney General Janet Reno at the Cybercrime Summit (April 5, 2000) "
THE ELECTRONIC FRONTIER: THE CHALLENGE OF UNLAWFUL CONDUCT INVOLVING THE USE OF THE INTERNET A Report of the President’s Working Group on Unlawful Conduct on the Internet March 2000
Statement for the Record of W. Hagmaier III, Unit Chief Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resource Center National Center for the Analysis of Violent Crime Critical Incident Response Group Federal Bureau of Investigation on Internet Predators Before the Senate Subcommittee on Children and Families of the Health, Labor, and Pensions Washington, D.C. March 28 2000
Mar 9 Senate Small Business Committee CyberCrime: Can a Small Business Protect Itself? 9:30 a.m. 428A Senate Russell Office Building.
Testimony by Attorney General Janet Reno before the United States Senate Committee on Appropriations (February 16, 2000)
Remarks of the Honorable Janet Reno, Attorney General of the United States, to the National Association of Attorneys General (January 10, 2000)
Speech by Attorney General Janet Reno before the High Technology Crime Investigation Association 1999 International Training Conference (September 20, 1999)
"The Cybercitizen Partnership: Industry and Government Alliance
"On March 15, 1999, Attorney General Janet Reno announced a new Cybercitizen Partnership, a new alliance between law enforcement and the technology community. The goal of the partnership is to coordinate the efforts of government, industry and the public to ensure public safety and responsible computer use. The partnership will also promote computer ethics and civic responsibility in the cyber age and aid law enforcement and industry in the battle against "on-line outlaws." The partnership will consist of three complementary segments. The first segment is a "good cybercitizenship" public awareness campaign. The second is a user-friendly computer and network security directory to help public and private sector organizations quickly find computer security resources. The third is an Information Security Professional fellowship program between industry and government that will raise the awareness levels of participants with respect to the views, perspectives and needs of their respective counterparts. Source
"Statement by Attorney General Janet Reno to Announce the Cybercitizen Partnership at the ITAA Policy Summit (March 15, 1999)
"ITAA and Attorney General Janet Reno Unveil New Tech Partnership (March 15, 1999)
President Clinton's Speech to National Academy of Sciences (January 22, 1999)

Federal Agencies

Papers

Bernescu, Laura, When Is a Hack Not a Hack: Addressing the CFAA's Applicability to the Internet Service Context (September 1, 2013). University of Chicago Legal Forum, Forthcoming . Available at SSRN:
Audra A. Dial and John M. Moye The Computer Fraud and Abuse Act and Disloyal Employees: How Far Should the Statute Go to Protect Employers from Trade Secret Theft?, Hastings L J Vol 64, Issue 5 2013
Sunberg, Danielle E., Reining in the Rogue Employee: The Fourth Circuit Limits Employee Liability Under the CFAA (June 27, 2013). American University Law Review, Vol. 62, No. 5, 2013.
Dudley, Christie, Strange Intersections between Data Brokers and the CFAA: A Financially Supported Attack on Privacy (May 7, 2013).
Law Enforcement Tools and Technologies for Investigating Cyber Attacks: A National Research and Development Agenda. Institute for Security Technology Studies, Dartmouth College. June 2004.
Christine D. Galbraith, Access Denied: Improper Use of the Computer Fraud and Abuse Act to Control Information on Publicly
Accessible Internet Websites, 63 MD. L. REV. 320 (2004).
Orin Kerr, Cybercrime's Scope: Interpreting "Access" and "Authorization" in Computer Misuse Statutes, 78 NYUL Rev. 1596, Nov. 2003 PDF
Crime, Privacy, and Accountability on the Internet B599, Spring 2001Course Description
Cybercrimes Along the Information Superhighway, The Difficulties of Prevention, Detection, and Prosecution, by Marc S. Friedman and Kristen Papathomas 2000
MIT Course: 6.805/STS085: Readings on Computer Crime
Lee M Zeichner, Use of the Defense Production Act of 1950 for Critical Infrastructure Protection (Sept 2001)
Computer Records and the Federal Rules of Evidence Orin S. Kerr USA Bulletin (March 2001)
Crime, Privacy, and Accountability on the Internet B599, Spring 2001Course Description
Cybercrimes Along the Information Superhighway, The Difficulties of Prevention, Detection, and Prosecution, by Marc S. Friedman and Kristen Papathomas 2000
Cybercrime: The Investigation, Prosecution and Defense of a Computer-Related Crime Ralph Clifford 2001
McConnell, CYBER CRIME . . . AND PUNISHMENT? ARCHAIC LAWS THREATEN GLOBAL INFORMATION December 2000
Wendy Leibowitz, Judges Having Hard Time With Computer Crime: Sentencing Standards Aren't Clear Cut, National Law Journal (1998)
Joseph M Olvenbaum, Ctrl-Alt-Delete: Rethinking Federal Computer Crime Legislation, Seton Hall L Rev. (1997)
USG
GAO Cybercrime: Public and Private Entities Face Challenges in Addressing Cyberthreats (June 2007)
DOJ, The Electronic Frontier: The Challenge of Unlawful Conduct Inviting the use of the Internet (March 2000)
DOJ: Field Guidance on New Authorities that Relate to Computer Crime and Electronic Evidence Enacted in the USA Patriot Act of 2001
DOJ, The Electronic Frontier: The Challenge of Unlawful Conduct Inviting the use of the Internet (March 2000)
DOJ 1997 Report on the Availability of Bombmaking Information
US DOJ Search Manual
Secret Service: Best Practices for Seazing Electronic Evidence

Books

John W. Rittinghouse, William M. Hancock, Cybersecurity Operations Handbook, Elsevier Press.
David Loudy, Computer Crime, Information Warfare, And Economic Espionage ( Carolina Academic Press 2003)
The Transnational Dimension of Cyber Crime and Terrorism, Hoover 2/28/03
Networks and Netwars: The Future of Terror, Crime, and Militancy John Arquilla, David Ronfeldt (editors), RAND 2002
The CERT(R) Guide to System and Network Security Practices by Julia H. Allen
Trust in Cyberspace by Fred B. Schneider (Editor), National Research Council (1999)
Inside Internet Security: What Hackers Don't Want You To Know by Jeff Crume
Definitive Guide to Criminal Justice and Criminology on the World Wide Web, The
Hack Attacks Encyclopedia: A Complete History of Hacks, Cracks, Phreaks, and Spies over Time by John Chirillo
The Hacker Ethic by Pekka Himanen, et al
Cyberpunk: Outlaws and Hackers on the Computer Frontier, 1991, by Hafner and Markoff (discusses Kevin Mitnick, Morris Worm, and the German Chaos Computer Club)
Bruce Sterling, The Hacker Crackdown: Law and Disorder on the Electronic Frontier, 1992
The Cuckoo's Egg, Clifford Stoll
Michelle Slatalla and Joshua Quittner, Masters of Deception: The Gang that Ruled Cyberspace, 1995
David Freedman and Charles Mann, At Large : The Strange Case of the World's Biggest Internet Invasion, 1997
The Fugitive Game : Online With Kevin Mitnick by Jonathan Littman

Webcasts & Podcasts

Links
FAA Cybersecurity Distinguished Lecturer Series
Kevin Mitnick on the Kojo Nnamdi Show Jan 2003
NANOG: CAIDA: Recent Internet Worms: Who Are the Victims, and How Good Are We at Getting the Word Out?

Links

crimecrime

News

ART: Greg Pollaro, Disloyal Computer Use and the Computer Fraud and Abuse Act: Narrowing the Scope, Duke Law 9/13/2010
Hacking Law Must Be Revised to Prevent Its 'Gross Misuse', CDT 8/5/2011
Computer Fraud and Abuse Act case against hard drive destroying director goes forward, Internet Cases 7/28/2011
ANIMATORS AT LAW, INC. v. CAPITAL LEGAL SOLUTIONS, LLC, Dist Court EDVA May 10, 2011 7/11/2011
GLOBAL BANKCARD SERVICES, INC. v. GLOBAL MERCHANT SERVICES, INC.,, Dist. Court, ED Virginia 2011 6/17/2011
CFAA violation where employee's access to work computer violated fiduciary duty to employer, Internet Cases 6/2/2011
District Ct. Holds Use of Facebook at Work Does Not Violate the CFAA, Info Law Group 5/20/2011
No Computer Fraud and Abuse Act Violation for Access of Facebook and Personal Email by Employee -- Lee v. PMSI, Tech & Marketing Law 5/20/2011
Causing Damage Without Authorization: The Limitations of Current Judicial Interpretations of Employee Authorization Under the Computer Fraud and Abuse Act, William and Mary Law Rev 5/12/2011
Garrett D. Urban, Causing Damage without Authorization: The Limitations of Current Judicial Interpretations of Employee Authorization Under the Computer Fraud and Abuse Act, WMLRev 5/6/2011
9th Cir: Access of Computer in Violation of Employer's Use Policy Violates Computer Fraud and Abuse Act -- US v. Nosal, Tech & Marketing Law 5/6/2011
Appeals Court: No Hacking Required to Be Prosecuted as a Hacker, Wired 5/2/2011
Court: If You Use Your Computer For Anything Your Employer Doesn't Like, You May Have Committed A Crime, Techdirt 5/2/2011
9th Circuit Clarifies Brekka: Employees Can Be Criminally Prosecuted for Violating Their Employer's Computer Policies, Computer Fraud 5/2/2011
U.S. dismantles massive cyber theft ring, Globe and Mail 4/14/2011
U.S. shutters botnet, can disable malware remotely, CNET 4/14/2011
US cybercrime complaints fell 10% in 2010, cw 2/25/2011
The 6th Circuit affirms the Computer Fraud and Abuse conviction of an IT Employee, Computer Fraud 1/19/2011
Report: FBI seizes server in probe of WikiLeaks attacks, CNET 1/4/2011
Guy Faces Five Years In Prison For Reading Wife's Email, Techdirt 1/4/2011
Sarah Palin Hacker's Conviction Stands for Accessing Her Yahoo Email Account, Computer Fraud 10/21/2010
Judge Allows Trial of CFAA Claim Against Wiseguys, EFF 10/15/2010
Lack of unauthorized access kills Computer Fraud and Abuse Act claim, Internet Cases 10/4/2010
Sarah Palin Revisited: Why Terms of Use Shouldn't Be Enforced Through Computer Crime Law, EFF 9/17/2010
CFAA Prosecution of Wiseguys Not So Smart, EFF 7/7/2010
F.B.I. Investigates Leak of iPad E-Mail Addresses, NYT 6/11/2010
AT&T Exposes Thousands of iPad User E-mail Addresses, Internet News 6/11/2010
Update: FBI probes AT&T's iPad 3G e-mail leaks, CW 6/11/2010
A Hack. A Scrape. A Crash. A Lawsuit. Snap-On Business Solutions, Inc., v O'Neil Associates, Inc., 5:09-CV-1547 (ND Ohio April 16, 2010), Cybertelecom 5/12/2010
Police seize gear from blogger who wrote about lost iPhone prototype, Globe and Mail 4/28/2010
FBI Says Cybercrime Skyrocketing, Internet News 3/19/2010
7-Eleven Hack From Russia Helped Loot ATMs in New York, Wired 12/22/2009
It's Safe to be a Dog on the Internet Again: Lori Drew Prosecution Terminated, Cybertelecom 12/10/2009
Cisco: Social Media Newest Playground for Cybercriminals, CISCO 12/8/2009
Real World Arrest for Virtual World Crime, Ask Mariam 12/4/2009
An FBI Cybercrime Agent's Tales From the Trenches, Ecommerce Times 11/10/2009
Cable modem hacker busted by feds, CW 11/4/2009
Court: Disloyal Computing Is Not Illegal, Wired 9/22/2009
Lori Drew Verdict Finally Overturned, Center for Internet and Society 9/1/2009
DOJ View on Email Privacy May Hamper Prosecution of Palin Hackers, EFF 9/19/2008
Student Charged With Crime For Telling University Officials About Security Hole, Techdirt 9/16/2008
Craigslist CEO, South Carolina AG Trade Potshots Over Erotic Ads, Consumer Affairs 5/19/2009
South Carolina, Craigslist fling poo over erotic listings, Ars Technica 5/19/2009
Craigslist Wants Apology From South Carolina AG, Internet News 5/19/2009
Why Are AGs Targeting Craigslist Rather Than Newspapers Or Other Websites?, Techdirt 5/19/2009
An Apology Is In Order, Craigslist 5/19/2009
AGs' Bogus Threats Hit Their Mark: Craigslist Gives In [updated], EFF 5/13/2009
Craigslist Gives In To Misplaced AG Anger... Again, Techdirt 5/13/2009
Striking a New Balance, Craigslist 5/13/2009
Congressional Rep Wants To Put Internet Trolls In Jail, Techdirt 5/7/2009
AGs v. Craigslist: Putting the Bully Back Into Bully Pulpit, EFF 5/7/2009
Employee text messages covered under Stored Communications Act and Fourth Amendment, Internet Cases 6/24/2008
Computer science student challenges tech seizure, CNET 4/14/2009
Computer Science Student Targeted for Criminal Investigation for Allegedly Sending Email, EFF 4/14/2009
Corrupt Judges Sent Kid Who Made Spoof MySpace Pages To Detention... For Profit, Techdirt 2/18/2009
Activist newspaper sues FBI over wrongful computer raid, Ars Technica 1/15/2009
Prosecutors Charge 7 People Under New Cyberbullying Law, Wired 12/23/2008
Defense asks for dismissal of MySpace case, CNET 7/24/2008
CFAA requires intent to cause harm, not merely intent to transmit, Internet Cases 7/18/2008
San Francisco IT worker arrested in hijacking of city network, CNET 7/15/2008
Disgruntled SF City Tech Worker Takes Over City's Computer Network, Techdirt 7/15/2008
Anonymous defendants to be unmasked in Computer Fraud and Abuse Act case, Internet Cases 6/24/2008
Woman Pleads Not Guilty in Internet Suicide, NYT 6/18/2008
North Carolina supreme court reverses employee hard drive removal decision, Internet Cases 6/16/2008
Internet suicide case goes to federal court, Wash Post 6/16/2008
Child Safety on the Internet, CISCO 6/13/2008
Swire on Cybercrime Underenforcement, Tech Liberation Front 6/10/2008
Should It Be Against The Law To Be A Jerk Online?, Techdirt 6/10/2008
Drew Indictment Suggests Vast New Expanse of CFAA Liability, Techlaw 5/22/2008
A girl's suicide is a very tragic case, but should it be a "federal case"?, CDT 5/15/2008
Prosecutors Go Overboard In Indicting Woman Involved In MySpace Hoax That Resulted In Suicide, Techdirt 5/15/2008
Tragic Case Could Lead to Very Bad Legal Precedent, IP Democracy 5/15/2008
Police Officers' Can Search Your iPhone Following Arrest For A Traffic Violation, Techdirt 1/22/2008
North Dakota Judge Gets it Wrong, CircleID 1/17/2008
U.S. Man Gets Record Sentence for Computer Sabotage, NYT 1/9/2008
Damage under CFAA must involve some diminution of the system to be actionable, Internet Cases 1/29/2008
Anti-Spammer Fined For DNS Lookup Of Spammer, Techdirt 1/22/2008
Damages available under Computer Fraud and Abuse Act, even though no "interruption of service", Internet Cases 8/24/2007
Stiffer Cyber Laws to Crack Down on Botnets, Spyware, Wired 6/5/2007
EU wages war on cybercrime, CNET 5/25/2007
Brussels to Wage War on Cybercrime, Business Week 5/25/2007
ITU 2006 Plenipotentiary Resolutions Relating to Cybersecurity, ITU 2/6/2007
We're Number One! ... For Malicious Internet Activity, eWeek 3/21/2007
Cyber-Criminals and Their Tools Getting Bolder, More Sophisticated, Wash Post 3/14/2007
3 Indicted in Online Brokerage Hacking Scheme, Wash Post 3/14/2007
Net safety day marked worldwide, BBC 2/6/2007
Click Fraud Reportedly Up, Clickz 2/1/2007
DOJ official: Cybercrime cooperation advances, CW 10/24/2006
In Washington, a Net protector or predator?, CNET 10/3/2006
Cyber crimes becoming more organized ? official, America's Network 9/18/2006
Morocco jails two for disrupting U.S. computers, Reuters 9/12/2006
Computer System Under Attack, Wash Post 10/6/2006
Scientists study terrorist Internet attack, Monsters 9/29/2006
International crime rings, not hackers, true Internet villains, AFP 8/8/2006
Denial-of-service hacking soars, BBC 3/9/2006
Symantec Report: Cybercrime on the Rise, Ecommerce Times 3/7/2006
Gov't Cyber-sleuths Focusing on Linux, iPod, Xbox, eweek 1/13/2006
Internet Watchdogs Struggle to Keep Pace with Online Criminals, VoA 9/30/2005
FAA CIO says cybersecurity incomplete govwide, FCW 8/5/2005
Cyber criminals step up the pace, BBC 12/7/2004
FBI Pursuing More Cyber-Crime Cases, Wash Post 11/5/2004
Secret Service busts online organized crime ring, CW 10/29/2004
ISS: Critical Netscape hole could be widespread, NW Fusion 8/25/2004
Holes left in Windows XP update, BBC 8/25/2004
California Man Admits Hacking Into Computers of High-Technology Company, DOJ 9/7/2004
Justice to Announce Cyber-Crime Crackdown, Wash Post 8/25/2004
Former Employee of a Massachusetts High-Technology Firm Charged with Computer Hacking (August 23, 2004), DOJ 8/25/2004
Why cyberscofflaws get off easy, CNET 8/18/2004
Feds nab 125 in global cybercrime sweep, CNN 11/21/2003
Singapore tackles 'cyber terror', BBC 11/11/2003
Feds nab 125 in global cybercrime sweep, CNN 11/21/2003
Singapore tackles 'cyber terror', BBC 11/11/2003
Questions cloud cyber crime cases, BBC 10/17/2003
EU cybercrime plans may be put on hold, CNET 6/6/03
Feds nab 135 in cybercrime sweep, CNN 5/16/03
Government Arrests 135 in Cybercrime Crackdown, Ecommerce Times 5/19/03
FBI, Lycos Team Up In Fugitive Hunt, AP 12/13/02
Tracking and Tracing Cyber-Attacks: Technical Challenges and Global Policy Issues, CERT 12/4/02
CyberNotes Issue #2002-23, 11/18/2002, NIPC 12/2/02
The FBI's Cybercrime Crackdown Newsfactor 11/8/02
Europe's cops can't collar cybercriminals CNET 11/1/02
Cybercrime Experts See Need For Laws Reuters 10/18/02
Cybercrime Costs World Billions Reuters 10/15/02
Cyber Terror Threat Overrated vnunet 10/15/02
Cyberterrorism Concerns IT Pros, Cyberatlas 8/21/02
Cybercrime reporting procedure draws fire , CW 2/20/02
U.S. Backing for Guidelines on Fighting CyberCrime, NYT 2/13/02
Government Renews Cybercrime Push, CNET 2/13/02
Outside Hackers vs. the Enemy Within: Who's Worse?, Newsfactor 2/4/02
NASA hacker gets 21 months in jail, MSNBC 2/4/02
Internet Doctor Convicted in Oklahoma City (January 30, 2002), DOJ 2/4/02
Justice Dept. To Hire More Computer Crime Attorneys, Newsbytes 2/1/02
Overworked hackers' archive closes, Ananova 1/28/02
FBI Raid Severely Disrupted Islamic Net - Group, Newsbytes 9/7/01FBI Terrorism Task Force Raids Arab Web Hosting Firm, Newsfactor 9/7/01
India to open first cybercrime police station, CNN 09/01/01
Hackers Move Too Fast For CIA, AP 6/21/01
Attack On US State Dept. Shuts Down Internal Servers, Newsbytes 5//11/01
U.S. in Quandary Over Cybercrime Issues, Newsfactor 3/19/01
Fight Against Cybercrime Stalls, Boston Globe 3/21/01
Internet crime sprees getting more costly, ZDNet 3/12/01
A World Wide Web Of Organized Crime, BWO 3/14/01
Congress seeks headway against hackers, CNET 3/2/01

News Archive Continued