Federal Computer Crimes List



Federal Computer Crimes List
by Sue Basko, esq.

Below is a partial list of U.S. Federal Computer Crimes and the sections in the Federal code that pertain to them.   The laws given are the sections under which the Federal prosecutors charge and prosecute.  In addition, there are Internet Hate Crimes, which come under Civil Rights laws. Hate crimes are acts based on a person's race or religion. There are also federal laws against internet gambling, and sales of drugs or alcohol on the internet.

In addition to federal crimes, most states have computer crimes laws, especially laws against harassing or cyberstalking.   The laws that apply are the ones where the perpetrator is located, where the victim is located, or where a company is located if a website or service is involved.  

The CFAA (Computer Fraud and Abuse Act) refers to a "protected computer."  In 2008, the CFAA was changed to include any computer connected to the internet as a "protected computer." 

I will cover some of these laws in-depth in upcoming blog posts.  If you want to know about a certain one, please send an email.    YES - There are a lot of computer laws!

FEDERAL COMPUTER CRIMES 
and the legal sections under which they are prosecuted:

Denial of Service Attacks  (DDoS, Tango Down):
18 U.S.C. § 1030(a)(5)(A)
(transmission of program,
information, code, or command,
resulting in damage)

18 U.S.C. § 1362 (interfering with
government communication systems)


Obscenity:
47 U.S.C. § 223(a)(1)(A) (using
telecommunications device to
make, create, or solicit, and transmit
any obscene comment, request,
suggestion, proposal, image, or other
communication)

18 U.S.C. § 1465 (using interactive
computer service for purpose of sale
or distribution of obscene material)


Electronic Threats:
18 U.S.C. § 875 (transmitting
communications containing threats of
kidnap or bodily injury) (Hobbs Act)

18 U.S.C. § 1951 (interfering with
commerce by robbery, extortion, threats or violence) (Hobbs Act)

47 U.S.C. § 223 (a)(1) (C) (anonymously using
telecommunications device to threaten person who receives
communication)

Electronic Harassment:
47 U.S.C. § 223 (a)(1)
(C) (anonymously using
telecommunications device to harass person who receives communication)

47 U.S.C. § 223(a)(1)(E) (repeatedly
initiates communication with a
telecommunication device solely
to harass person who receives
communication)


Cyberstalking: (see also Electronic Harassment)
18 U.S.C. § 2261A (using any facility
of interstate or foreign commerce
to engage in a course of conduct that places person in reasonable
fear of death or serious bodily
injury to person, person's spouse or
immediate family)


Interception of Electronic Communications (hacking emails or voicemail):
18 U.S.C. § 2511 (intercepting
electronic communications)

18 U.S.C. § 2701 (accessing stored
communications)

18 U.S.C. § 1030(a)(2) (accessing a
computer and obtaining information


Substitution or Redirection of a website:
18 U.S.C. § 1030(a)(5)(A)
(i) (transmission of program,
information, code, or command,
resulting in damage)

18 U.S.C. § 1030(a)(5)(A)(ii)-(iii)
(accessing a computer without
authorization, resulting in damage)


Password Fraud:
18 U.S.C. § 1030(a)(6) (trafficking in
computer passwords)

18 U.S.C. § 1029 (access device
fraud)

18 U.S.C. § 1343 (wire fraud)


Child Pornography, Child Luring, etc:
18 U.S.C. §§ 2251, 2252, 2252A
(sexual exploitation of children)

18 U.S.C. § 2423 (transportation
of minors or travel with intent to
engage in illicit sexual conduct)

18 U.S.C. § 1466A (obscene visual
representations of the sexual abuse
of children)


Disclosure of Private Information:
18 U.S.C. § 2511(1)(c) (disclosing
intercepted communications)

Spam:
18 U.S.C. § 1037 (CAN-SPAM Act)  

Spoofing Email Address:
18 U.S.C. § 1037 (CAN-SPAM Act)


Credit Card Fraud:
18 U.S.C. § 1030(a)(2)(A) (accessing a
computer and obtaining information
from a financial institution, card
issuer or consumer reporting
agency)

18 U.S.C. § 1029 (access device
fraud)

15 U.S.C. § 1644 (credit card fraud
aggregating at least $1,000)

18 U.S.C. § 1343 (wire fraud)


Use of Misleading Domain Name:
18 U.S.C. § 2252B (using misleading
domain name with intent to deceive
a person into viewing obscene
material or with intent to deceive a minor into viewing harmful material)

Extortion:
18 U.S.C. § 1030(a)(7) (transmitting,
with intent to extort, communication
containing threat to cause damage)

18 U.S.C. § 875(b), (d) (transmitting,
with intent to extort, threat to
kidnap or harm a person, or threat
to injure a person's property or harm
a reputation) (Hobbs Act)

18 U.S.C. § 1951 (interfering with
commerce by robbery, extortion,
threats or violence)


Piracy and Intellectual Property Theft:  
17 U.S.C. §§ 1201-1205 (Digital
Millennium Copyright Act)

18 U.S.C. § 545 (smuggling goods into
the United States)

18 U.S.C. §§ 1831, 1832 (theft of
trade secrets)

18 U.S.C. § 2318 (trafficking in
counterfeit labels)

17 U.S.C. § 506 and 18 U.S.C. § 2319
(criminal copyright infringement)

18 U.S.C. § 2319A (trafficking
in recordings of live musical
performances)

18 U.S.C. § 2320 (trafficking in
counterfeit goods or services)

47 U.S.C. § 553 (unauthorized
reception of cable service)

18 U.S.C. § 1343 (wire fraud)


Internet Fraud (e.g.,  auction fraud or phishing:
18 U.S.C. § 1030(a)(4) (accessing
a computer to defraud and obtain
something of value)

18 U.S.C. § 1028 (fraud in connection
with identification documents and
authentication features)

18 U.S.C. § 1028A (aggravated
identity theft)

18 U.S.C. § 1343 (wire fraud)

18 U.S.C. §§ 1956, 1957 (money
laundering)

18 U.S.C. § 1001 (making false
statements in any matter within the
jurisdiction of the government)

15 U.S.C. § 45 (unfair or deceptive
trade practices)

15 U.S.C. § 52 (false advertising)

15 U.S.C. § 6821 (fraudulent access
to financial information)


Espionage:
18 U.S.C. § 1030(a)(1) (accessing
a computer and obtaining national
security information)

18 U.S.C. § 1030(a)(2) (accessing a
computer and obtaining information
from any department or agency of
the United States)

18 U.S.C. § 1030(a)(3) (accessing a
nonpublic United States government
computer)

18 U.S.C. § 793 (gathering,
transmitting or losing defense
information)

18 U.S.C. § 798 (disclosing classified
information)