Cybersecurity Law

Appendix D

Text of the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act, described in Chapter , is the primary law by which the federal government prosecutes computer hacking. The CFAA also allows hacking victims to bring civil suits against hackers in certain circumstances. Many states have their own computer hacking laws, which are modeled after the CFAA but are not identical.

Text of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030

1. Whoever—
   1. 1. having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
   2. 2. intentionally accesses a computer without ...