8.103 Trafficking in Passwords (18 U.S.C. Sec. 1030(a)(6)(A) and (B)) is a federal law which makes it illegal to traffic in, or knowingly access, a computer password that is known to have been stolen or obtained without authorization. In other words, it is illegal to buy, sell, or transfer a password with the intent to commit fraud or other criminal activity. There are two types of 8.103 Trafficking in Passwords: knowingly accessing a computer password without authorization (18 U.S.C. Sec. 1030(a)(6)(A)), and knowingly trafficking in a computer password that is known to have been stolen or obtained without authorization (18 U.S.C. Sec. 1030(a)(6)(B)). Violation of this law can result in a fine, imprisonment, or both.
8.103 Trafficking in Passwords (18 U.S.C. Sec. 1030(a)(6)(A) and (B))
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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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FAQ
The CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization, but fails to define what ?without authorization? means. With harsh penalty schemes and malleable provisions, it has become a tool ripe for abuse and use against nearly every aspect of computer activity.
The Computer Fraud and Abuse Act (CFAA) was enacted in 1986, as an amendment to the first federal computer fraud law, to address hacking....Provisions of the Computer Fraud & Abuse Act. 18 U.S.C. § 1030. OffenseSectionSentenceTrafficking in Passwords(a)(6)1 yr (10)9 more rows
Criminal Penalties Even first-time offenses involving unauthorized access to a protected computer are punishable by up to five years in federal prison. Each additional access is punishable by an additional sentence, and subsequent offenses may result in longer sentences of up to ten years each, as well as fines.
§1030. Fraud and related activity in connection with computers. (C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage and loss.
A violation of the CFAA can be deemed a felony, carrying fines and a prison sentence of up to ten years.
The Computer Fraud and Abuse Act (?CFAA?), codified at Title 18, United States Code, Section 1030, is an important law for prosecutors to address cyber-based crimes.
Federal law provides that first time offenders caught violating the CFAA may be punished with criminal fines of up to $5,000 per crime, imprisonment from 1 to 10 years, or a combination of both.
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.