8.99 Computer Fraud-Use of Protected Computer (18 U.S.C. Sec. 1030(a)(4)) is a federal offense that prohibits the unauthorized use of a computer or protected computer in furtherance of any criminal or tortious act. This type of computer fraud includes activities such as accessing or using a computer without authorization, accessing or using a computer with authorization but beyond the scope of that authorization, accessing a protected computer to obtain information, damaging a computer, or using a computer to commit fraud. The types of 8.99 Computer Fraud-Use of Protected Computer (18 U.S.C. Sec. 1030(a)(4)) include: unauthorized access, exceeding authorized access, obtaining information, damaging a computer, and committing fraud.
8.99 Computer Fraud-Use of Protected Computer (18 U.S.C. Sec. 1030(a)(4))
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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Definition(s): A person gains logical or physical access without permission to a network, system, application, data, or other resource. Source(s): NIST SP 800-82 Rev. 2 under Unauthorized Access.
The Computer Fraud and Abuse Act (18 U.S.C. § 1030) (CFAA) imposes criminal and civil liability for unauthorized access or damage to a protected computer. The law reaches every computer connected to the internet and non-networked computers used by the US government or financial institutions.
Asking to ?borrow? or taking another employee's badge. Trying to ?piggyback? by following another individual through access doors. Logging on to a computer using a co-worker's password or credentials.
Obtaining, using, or attempting to use someone else's password. Viewing, copying, transferring, modifying or making public the files, printouts or computer processes of another user unless you have their oral or written permission.
What is Unauthorized Access? Unauthorized access refers to individuals gaining access to an organization's data, networks, endpoints, applications or devices, without permission. It is closely related to authentication ? a process that verifies a user's identity when they access a system.
Computer Fraud and Abuse Act. In 1986, Congress passed the Computer Fraud and Abuse Act (CFAA), now codified under Title 18 U.S. Code § 1030. This law makes it a federal crime to gain unauthorized access to ?protected? computers (otherwise known as ?hacking?) with the intent to defraud or do damage.