The u.s. department of justice defines a hacker as which of the following?
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Leighton Johnson, in
Security Controls Evaluation, Testing, and Assessment Handbook, 2016 The Computer Fraud and Abuse Act (CFAA) –
Title 18 U.S.C., Statute 1030 – is a law designed to address legal and illegal access to federal and financial IT systems. It was intended to reduce cracking of computer systems and to address federal computer-related offenses. The CFAA is the actual federal law which makes it illegal to hack/crack a governmental computing system. It deals with: Cases with a compelling federal interest Cases in which computers of the federal government or certain financial institutions are involved Cases in which the crime itself is interstate in nature Cases in which computers are used in interstate and foreign commerce Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9780128023242000038 Statutory and regulatory GRCLeighton Johnson, in Security Controls Evaluation, Testing, and Assessment Handbook (Second Edition), 2020 CFAA—1986The Computer Fraud and Abuse Act—Title 18 USC, Statute 1030 is a law designed to address legal and illegal access to federal and financial IT systems. It was intended to reduce cracking or attacking of computer systems and to address federal computer-related offenses. The CFAA is the actual federal law that makes it illegal to crack a governmental computing system. It all deals with: ■cases with a compelling federal interest, ■where computers of the Federal Government or certain financial institutions are involved, ■where the crime itself is interstate in nature, or ■where computers are used in interstate and foreign commerce. Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9780128184271000033 IT Audit DriversStephen D. Gantz, in The Basics of IT Audit, 2014 Computer Fraud and Abuse ActThe Computer Fraud and Abuse Act of 1986 makes it a crime for anyone to access without authorization a computer or computer system used by a financial institution, US government agency, or any organization or individual involved in interstate or foreign commerce or communication. In addition to criminalizing many forms of computer hacking, intrusion, or actions that exceed authorized use, the law also addresses computer espionage, computer trespassing, committing fraud using a computer, or causing or threatening to cause damage to a computer [13]. Although the law focuses on behavior by outsiders against an organization or its computing infrastructure, it highlights the need for organizations to establish effective security controls and to monitor their own environments to protect against outside attacks and to ensure that none of its own computing resources are used in ways that would violate the law. The Computer Fraud and Abuse Act has been amended several times by subsequent legislation, increasing the number and types of actions considered crimes under the law and resulting in a broader definition of computers subject to its provisions. Because the statutory definition of “protected computer” includes any computing device used in interstate or international communication, the law can be interpreted to include mobile equipment such as cellular phones or other devices capable of Internet connectivity. Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9780124171596000079 Privacy
Sharon K. Black Attorney-at-Law, in Telecommunications Law in the Internet Age, 2002 8.7 FEDERAL PRIVACY LAWS PROHIBITING ILLEGAL ACCESS TO PROTECTED COMPUTERSWith the evolution of technology, and the increasing prevalence of computers in businesses, homes, government agencies, and financial services across the United States, Congress acknowledged in the early 1980s the emergence of a new type of criminal—one who used computers to steal, defraud, and abuse the property of others. The proliferation of computer data gave these criminals easy access to property and information that, in many cases, was unprotected against crime. For several years, during the 1980s, Congress investigated the problems of both computer fraud and abuse and documented three key findings. First, Congress found that more than 50% of all survey respondents had been victims of some form of computer crime, resulting in hundreds of millions of dollars of loss each year.135 Second, Congress found that computer crime posed other threats beyond financial. For example, in 1983, Congress found that a group of adolescent computer “hackers,” known as the “414 Gang,” broke into the computer system at Memorial Sloan-Kettering Cancer Center in New York. In doing so, the adolescents accessed the radiation treatment records of 6,000 past and present cancer patients and had the opportunity to alter the radiation treatment levels that each patient received, creating a potentially life-threatening situation.136 Third, Congress found that “pirate bulletin boards” existed for the sole purpose of providing the passwords and other information necessary to break into computers such as those operated by the U.S. Department of Defense and the Republican National Committee. The Committee recognized that while no apparent financial loss had occurred, multiple sites were “trafficking in other people's computer passwords.” A 1984 Report by the American Bar Association's (ABA's) Task Force on Computer Crime, chaired by Joseph Tompkins, Jr., substantiated these findings and stated that the ability of computer crime to harm people makes it one of the worst white-collar offenses in the U.S.137 In light of these findings, Congress also determined that U.S. criminal laws at the time were not sufficient to address the problems of computer crime and set out to draft federal laws to cope more effectively with these new abuses.138 8.7.1 Computer Fraud and Abuse Act of 1988139As a result of its findings concerning computer fraud and abuse, Congress passed an initial federal computer crime statute140 in 1984 that made it a felony to access classified information in a computer without authorization and a misdemeanor to access or “trespass” into a government computer or financial records or credit histories in financial institutions without authorization. However, the initial statute had two major shortcomings. First, it was too weak, and second, during the next three years, 1985 to 1988, the Department of Justice encountered numerous jurisdictional problems in the area of computer crime because, at the time, many states had no computer crime legislation. To bridge this gap, the Department of Justice (DOJ) encouraged Congress to expand its initial federal computer crime statute into sweeping federal legislation. However, after careful consideration and review of the state action provisions in the U.S. Constitution, Congress decided that federal computer crime law should be limited to jurisdiction only over computer crimes in which there is a “compelling federal interest.” Congress defined compelling federal interest as “cases where computers of the federal government or certain financial institutions are involved, or where the crime itself is interstate in nature.”141 Over the next several years most of the states established state computer crime laws to address the gaps left by this jurisdictional decision. In 1988, Congress codified this definition in the Computer Fraud and Abuse Act (CFAA) of 1988 by updating its federal computer crime statute once again. In the CFAA, Congress also raised the standard required to prosecute unauthorized access of a computer from “knowingly” to “intentionally” in order to exclude mistaken, inadvertent, or careless access. This brought the standard into line with the “knowingly and with intent to defraud” standard used in 18 U.S.C. § 1029 to prosecute credit card fraud. Specifically, the Computer Fraud and Abuse Act (CFAA) prohibited the following seven acts, or attempts to act:142 1.Obtaining, or seeking to obtain, national security information with the intent to use it to injure the United States or to unfairly benefit any foreign nation 2.Intentionally accessing, resulting in the obtaining of information contained in the records of a financial institution, credit card issuer, or consumer-reporting agency 3.Intentionally accessing a government computer affecting the government's operation of such computer 4.Knowingly accessing, without authorization, a federal interest computer resulting in the obtaining of anything of value beyond the mere use of the computer with intent to defraud 5.Intentionally altering, damaging, or destroying certain computerized information belonging to another 6.Intentionally accessing a federal interest computer and preventing authorized use of any information or computer services when the loss amounts to more than $1,000 in a one-year period, or involves medical treatment (However, the concept of “loss” was not limited to actual monetary losses. For example, investors may lose on a stock if the stock projections have been altered to make them appear more desirable. This section also includes other access, such as hackers of medical information.) 7.Trafficking in passwords In reviewing these seven actions, the Department of Justice expressed concern that the term “obtains information” implied more than unauthorized access and could be interpreted to require the actual movement or acquisition of the data or a copy of it. Congress, however, stated that its intent in the use of the word “obtaining” data was to include the mere observation of the data, except for federal employees and other authorized workers. Congress also tried to clarify in its wording of the law that it wanted the Computer Fraud and Abuse Act (CFAA) to focus on “outsiders” or those lacking authorization to access any federal interest computer. It did not, however, want the law not to be used against “whistleblowers”. As part of clarifying “unauthorized access,” Congress included the introduction of viruses and “worms” into the Internet or computer systems.143 In clarifying the term loss, Congress defined it as “reduced performance caused by the worm resulting in more than $1,000.” In addition, the government need not prove intent to cause that loss.144 Exceptions to the Computer Fraud and Abuse Act (CFAA) include (1) access for authorized law enforcement with appropriate court orders, (2) access to complete authorized repairs to a computer system[s], and (3) “time bombs” or automatic termination devices built into a program that automatically terminates the service if a user fails to pay his bill for the service on time. Congress did not intend nonpayment of a bill to become a criminal activity. In addition, Congress recognized that while laws can be a deterrent, the most effective way to control the incidence of computer crime is to educate private industry, computer users, and the general public to be aware of the ethical and legal questions involved in computer crimes and not to view them as harmless pranks.145 As such, Congress determined that comprehensive education programs for both computer users and the general public should be undertaken. One of the first cases to review the Computer Fraud and Abuse Act of 1988 (CFAA) was first decided in 1989 and affirmed on appeal in 1991. The case, U.S. v. Morris, 928 Fed 2d 504 (1991), involved defendant Robert T. Morris who introduced a computer program into the Internet that later became known as a “worm” or “virus.” The goal of the program, Mr. Morris stated, was to demonstrate the inadequacies of current security measures on computer networks by exploiting the security defects that Morris had discovered. Nonetheless, the district court convicted Mr. Morris of violating the Computer Fraud and Abuse and the Court of Appeals affirmed the conviction. During this case, one weakness of the Computer Fraud and Abuse Act (CFAA) became apparent—the overly broad definition of “computer.” The CFAA defines a computer as “an electronic, magnetic, optical, electrochemical, or other high-speed data-processing device performing logical, arithmetic, or storage functions, and includes any data-storage facility or communications facility directly related to or operating in conjunction with such device but such term does not include an automated typewriter or typesetter, or portable hand held calculator, or other similar device.”146 This definition is so broad that it includes microwave ovens and advanced telephone systems, items clearly not intended to be included in a “computer crime” law. Congress attempted to correct this definition in the National Information Infrastructure Protection Act of 1996. 8.7.2 National Information Infrastructure Protection Act (NIIPA) of 1996147Eight years after the Computer Fraud and Abuse Act was enacted, it was updated in the National Information Infrastructure Protection Act (NIIPA) of 1996. The NIIPA was enacted on October 11, 1996, and codified at 18 U.S.C. §§ 1030 et. seq. The main difference between the two acts is the definition of computers covered by the Act as defined in Section 1030(a)(2). While the Computer Fraud and Abuse Act (CFAA) protected mainly government computers and financial databases, the National Infrastructure Protection Act (NIIPA) extended its protection to any protected computers if the conduct involved interstate or foreign communications. It defined a protected computer as “a computer used in interstate or foreign commerce or communication…”148 Thus statutory construction of the National Infrastructure Protection Act (NIIPA) suggests that section 1030(a)(2)(C) would prohibit unauthorized access to any computer where the act of unauthorized access involved an interstate or foreign communication and the access in question was made to a computer that was itself used in interstate or foreign commerce or communication. The NIIPA remains the primary federal law concerning Internet viruses, “worms,” and “denial of service” attacks. Depending on the computers affected and processes used, certain intentional actions harming nongovernment computers may or may not be covered. Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9781558605466500302 The FedRAMP cloud computing security requirementsMatthew Metheny, in Federal Cloud Computing (Second Edition), 2017 Federal Laws and Executive Orders• 18 U.S.C. § 1080, Computer Fraud and Abuse Act (PL 99-474) •44 U.S.C. § 101, E-Government Act (P.L. 107-347), December 2002 44 U.S.C. § 101, Federal Information Security Modernization Act (P.L. 113-283), December 2014 •44 U.S.C. § 3501, Paperwork Reduction Act (P.L. 104-13), May 1995 •5 U.S.C. § 552a, Privacy Act of 1974 (P.L. 93-579), December 1974 •5 U.S.C. § 552, Freedom of Information Act As Amended in 2002 (PL 104-232) •U.S.C. § 552, As Amended By Public Law No. 104-231, 110 Stat. 3048, Electronic Freedom of Information Act Amendments of 1996 •15 U.S.C. § 1601, Health Insurance Portability and Accountability Act (P.L. 104-191), August 1996 •44 U.S.C. § 31, Records Management by Federal Agencies •50 U.S.C. § 1805, USA Freedom Act (P.L. 114-13), October 2015 •Executive Order 13556, Controlled Unclassified Information, November 2010 Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9780128097106000093 Governmental Laws, Policies, and ProceduresLeighton R. JohnsonIII, in Computer Incident Response and Forensics Team Management, 2014 Computer Fraud & Abuse ActPassed in 1986, the Computer Fraud and Abuse Act (CFAA) is designed to reduce cracking and hacking of computer systems and to address federal computer-related offenses. The CFAA governs cases with a compelling federal interest, where computers of the federal government or certain financial institutions are involved, where the crime itself is interstate in nature, or where computers are used in interstate and foreign commerce. The CFAA essentially states that, whoever intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer if the conduct involved an interstate or foreign communication shall be punished under the Act. In 1996 the CFAA was, again, broadened by an amendment that replaced the term “federal interest computer” with the term “protected computer.” While the CFAA is primarily a criminal law intended to reduce the instances of malicious interferences with computer systems and to address federal computer offenses, an amendment in 1994 allows civil actions to be brought under the statute, as well. There are seven types of criminal activity enumerated in the CFAA: 1.obtaining national security information, 2.compromising confidentiality, 3.trespassing in a government computer, 4.accessing to defraud and obtain value, 5.damaging a computer or information, 6.trafficking in passwords, 7.threatening to damage a computer. A violation of the CFAA can be committed in two ways: 1.either by an outsider who trespasses into a computer or 2.by an intruder who goes beyond the scope of his given authorization. Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9781597499965000091 Domain 9: Legal, Regulations, Investigations, and ComplianceEric Conrad, ... Joshua Feldman, in Eleventh Hour CISSP (Second Edition), 2014 US Computer Fraud and Abuse ActTitle 18 United States Code Section 1030, which is more commonly known as the Computer Fraud and Abuse Act, was originally drafted in 1984 but still serves as an important piece of legislation related to the prosecution of computer crimes. The law has been amended numerous times most notably by the USA PATRIOT Act. The goal of the Computer Fraud and Abuse Act was to develop a means of deterring and prosecuting acts that damaged federal interest computers. “Federal interest computer” includes government, critical infrastructure, or financial processing systems; the definition also referenced computers engaging in interstate commerce. With the ubiquity of Internet-based commerce, this definition can be used to justify almost any Internet-connected computer as being a protected computer. The Computer Fraud and Abuse Act criminalized actions involving intentional attacks against protected computers that resulted in aggregate damages of $5000 in 1 year. Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9780124171428000091 Domain 1: Security and Risk Management (e.g., Security, Risk, Compliance, Law, Regulations, Business Continuity)Eric Conrad, ... Joshua Feldman, in CISSP Study Guide (Third Edition), 2016 US Computer Fraud and Abuse ActTitle 18 United States Code Section 1030, which is more commonly known as the Computer Fraud and Abuse Act, was originally drafted in 1984, but still serves as an important piece of legislation related to the prosecution of computer crimes. The law has been amended numerous times most notably by the USA PATRIOT Act and the more recent Identity Theft Enforcement and Restitution Act of 2008, which is too new to be included in the exam at the time of this writing. NoteWhat do bot herders, phreakers, the New York Times attackers, and the authors of Blaster and Melissa all have in common? They were all convicted, in part, as a result of Title 18 United States Code Section 1030, the frequently amended Computer Fraud and Abuse Act. This law has provided for the largest number of computer crime convictions in the United States. Almost all of the notorious cyber criminals to receive convictions were prosecuted under this statute. The Computer Fraud and Abuse Act was instrumental in the successful prosecution of Albert Gonzales, who compromised Heartland Payment Systems and TJX; Adrian Lamo, the “homeless hacker” who broke into the New York Times and Microsoft; Kevin Mitnick, perhaps the most widely known of all computer related felons; and Jeanson James Ancheta, one of the first persons to be prosecuted for his role as a bot herder. The goal of the Computer Fraud and Abuse Act was to develop a means of deterring and prosecuting acts that damaged federal interest computers. “Federal interest computer” includes government, critical infrastructure or financial processing systems; the definition also referenced computers engaging in interstate commerce. With the ubiquity of Internet based commerce, this definition can be used to justify almost any Internet-connected computer as being a protected computer. The Computer Fraud and Abuse Act criminalized actions involving intentional attacks against protected computers that resulted in aggregate damages of $5,000 in 1 year. NoteThe Computer Fraud and Abuse Act criminalized actions that resulted in damages of $5,000 to protected computers in 1 year. In 2008 the Identity Theft Enforcement and Restitution Act was passed which amended the Computer Fraud and Abuse Act. One of the more important changes involved removing the requirement that damages should total $5,000. Another important amendment made the damage of 10 or more computers a felony. Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9780128024379000023 Legal System ImpactsJason Andress, Steve Winterfeld, in Cyber Warfare, 2011 Computer Fraud and Abuse ActLet's examine a few to see how they can impact cyber warfare. First is the Computer Fraud and Abuse Act of 1984 (18 U.S.C. § 1030: U.S. Code – Section 1030). It states fraud and related activity in connection with computers by someone who has 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 U.S. 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 can be fined under this title or imprisoned for not more than 20 years, or both [12]. This allows the federal government to take legal action against hackers/attackers. This is complicated by the fact that many of the systems or people involved may not reside inside the U.S. borders but it is a useful tool when it can be applied. Read full chapter URL: https://www.sciencedirect.com/science/article/pii/B9781597496377000125 What is a hacker quizlet?hacker. a person who uses computers to gain unauthorized access to data.
What are the three classifications of hackers?Hackers can be classified into three different categories: Black Hat Hacker. White Hat Hacker. Grey Hat Hacker.
Which of the following is another term for ethical hacker?What is an ethical hacker? Also known as “white hats,” ethical hackers are security experts that perform these security assessments. The proactive work they do helps to improve an organization's security posture.
What is the role of a hacker?The term “hacker” is broadly used to describe anyone with advanced computer technology skills who's able to deceive organizations or bypass security and infiltrate networks without proper authorization. Some hackers use their skills to commit fraud, theft, or other nefarious acts, while some simply enjoy the challenge.
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