Laws for Prosecuting Hackers
- The Computer Fraud and Abuse Act requires the prosecution to convict criminals for obtaining unauthorized classified information that relates to national security. Under Title 18 of the United States Code 1030.a.1, federal law stipulates that hackers be punished if willfully trying to give someone else this information who doesn't have national security access or authorization. If convicted for this felony, hackers can receive a fine and a possible 10-year prison sentence. Imprisonment may be as much as 20 years for second violations.
- Federal laws protect financial institutions and credit reporting agencies regarding the unauthorized access of financial records. This law also applies to people who exceed their authorized access to gain information, such as personal credit card data, to use for personal financial gain. Title 18 of the United States Code 1030a.2 specifically states that anyone caught hacking into financial records will be prosecuted under the Computer Fraud and Abuse Act. Hackers can face misdemeanor charges of fines or a prison term of one year, but prosecutors may seek felony charges if the information is valued at more than $5,000.
- The prosecution for a computer hacking case can use multiple laws in addition to the Computer Fraud and Abuse Act to add stiffer penalties to the charges. The wire fraud statute under Title 18 United States Code 1343 allows for felony charges to be brought against hackers when the existence of fraud can be proven. Statutory penalties for felony charges of computer hacking involve a fine and five-year prison term. Any previous convictions under this act may have hackers facing up to 10 years of imprisonment.
- Computer hackers can also face prosecution under the United States Securities and Exchange Commission. The Securities and Exchange Act of 1934 allows computer hackers to be sued for fraud and deceptive practices to gain financial information. These deceptive practices can include obtaining advance information concerning the purchasing or selling of securities. This unauthorized information leads to unfair and uncompetitive tactics of inquiring investment stocks.