Hacking into a computer may seem like an innocent trick or prank; however, it’s a federal offense no matter how you look at it. Being accused, charged, or found guilty of hacking brings serious life-altering consequences. Keep reading to learn more about the repercussions of hacking and what to do if you’re accused.
Hacking 101
There are a number of different computer crimes, but hacking is one that gains a lot of attention. Not only does hacking affect the institutions that are targeted like banks, healthcare centers, colleges, etc., but it also affects every person who has had contact with those institutions. Hackers have had a major impact on everything from politics to economics.
The term “hacking” has been around for decades; first coined in the 1980s within a Psychology Today article exploring the addictive nature of computer use. Then, a few years later, a Newsweek article covering the story of teenagers who had infiltrated the computer systems of a public bank and well known hospital coined the term “hackers” to describe the teens and their negative actions.
Hacking is broadly defined as the act of breaking into a computer system. When a hacker accesses another person’s computer without consent, it may lead to criminal charges. Under the law, every computer that is connected to the internet is considered a “protected computer” and hacking a protected computer is a federal crime.
Federal Hacking Laws & Penalties for Breaking Them
Several federal laws address hacking, these include: The Computer Fraud and Abuse Act (CFAA), The Stored Communications Act (SCA), and The Electronic Communications Privacy Act (ECPA). All of these laws prohibit hacking a protected computer, which as mentioned above, is basically any computer that is connected to the internet.
The Computer Fraud and Abuse Act
The CFAA prohibits intentionally accessing a computer without authorization, but also leaves “without authorization” as an ambiguous term. Therefore, this law is very malleable and can be used to charge a number of computer crimes. If you are charged under this law, the consequences vary depending on the type of computer crime you’re accused of.
Examples of the types of hacking and the consequences of those actions under this law include:
| Computer Offense | Penalty (Prison Sentence) |
| Accessing a Computer and Obtaining Information | 1st Conviction: up to one year 2nd Conviction: up to 10 years |
| Accessing a Computer to Defraud and Obtain Value | 1st Conviction: up to 5 years 2nd Conviction: up to 10 years |
| Obtaining National Security Information | 1st Conviction: up to 10 years 2nd Conviction: up to 20 years |
Under the CFAA, most computer crimes are prosecuted as criminal violations, however an amendment in the 1990s expanded the act to include actions for civil suits and prosecutions. Civil suits do not result in prison sentences, however other punishments are given such as seizure of property or injunctive relief.
Civil violations include:
- Obtaining information from a computer through unauthorized access
- Trafficking a computer password that anyone can use to access a computer
- Transmitting spam
- Damaging computer data
The Electronic Communications Privacy Act
The ECPA was created to promote “the privacy expectations of citizens and the legitimate needs of law enforcement”. This law basically forbids the intentional interception of electronic communications, or “data” in transit.
Examples of data in transit include: emails, text messages, phone calls, data while it’s being uploaded from a cell phone to cloud storage, and data transfers between a hard drive and a computer.
Individuals who violate ECPA face up to five years in prison and fines up to $250,000. Victims are also entitled to bring civil suits and recover actual damages, in addition to punitive damages and attorney’s fees, for violations. The United States itself cannot be sued under ECPA, but evidence that is gathered illegally cannot be introduced in court.
The Stored Communications Act
The SCA governs access to stored wire and electronic communications such as emails and other online messages held by service providers. The SCA controls how the government can access stored account information from entities such as Internet Service Providers (ISPs). Specifically, the SCA lays out the process state and federal law enforcement officers must adhere to in order to force disclosure of email as well as subscriber and billing information by the provider.
The SCA also helps protect digital privacy by regulating how and when internet service providers can disclose user data. Under the SCA, it is unlawful for electronic communication and remote computing services to “knowingly divulge” stored customer communication.
Every violator of the SCA is subject to a fine, but they may also (or instead) be sentenced to jail time. Violators who acted for commercial gain, malicious destruction, or to commit another crime can face:
- Up to five years in prison for first offenses, or
- Up to 10 years in prison for a subsequent offense
For any other case, punishments include:
- Up to one year in prison for a first offense, or
- Up to five years in prison for subsequent offenses
Hacking, no matter what information is taken, or who is carrying out the act, is a crime with severe consequences.
If You Are Accused of Hacking
If you or someone you know has been accused of hacking, it’s important to contact a trusted criminal defense attorney. Facing a federal crime is not something you should attempt alone. The legal team at the Law Offices of Robert J. DeGroot is experienced with defending those accused of computer crimes, and understands the repercussions of any accusation. Don’t wait, contact us today!
Contact the Law Offices of Robert J. DeGroot if you or someone you know has been accused of a computer crime!
