When Did Computer Tampering Laws Emerge?

The Computer Fraud and Abuse Act of 1986 (CFAA) was the first comprehensive federal computer crime statute in the United States. The CFAA was enacted as an amendment to existing computer fraud law, which had been included in the Comprehensive Crime Control Act of 1984. This law was introduced to address concerns that computer-related crimes might go unpunished, as they were often prosecuted as mail and wire fraud, with insufficient legal coverage. Since the introduction of the CFAA, computer tampering laws have become apparent and increasingly prevalent at both the state and federal levels.

The Computer Fraud and Abuse Act of 1986

The CFAA was written to extend existing tort law to intangible property, while, in theory, limiting federal jurisdiction to cases "with a compelling federal interest". Still, its broad definitions have spilled over into contract law. The act also criminalized additional computer-related acts, such as the distribution of malicious code and denial-of-service attacks. Congress included a provision criminalizing trafficking in passwords and similar items.

The CFAA defines protected computers as those used exclusively by the government or financial institutions, or where the conduct constituting the offense affects the computer's use by or for the government or financial institutions. In practice, any ordinary computer has come under the jurisdiction of the law, including cellphones, due to the interstate nature of most Internet communication.

The CFAA has been amended several times since its enactment to cover a broader range of conduct. The latest amendment was in 2008. The act has been criticized for its harsh penalty schemes and malleable provisions, becoming a tool that can be used against nearly every aspect of computer activity.

Computer tampering in the third degree

Computer tampering laws have been in place since the 1980s, with the Computer Fraud and Abuse Act of 1986 (CFAA) being a notable example. This US cybersecurity bill was enacted as an amendment to existing computer fraud law, addressing concerns that computer-related crimes might go unpunished.

• Committing the crime of computer tampering in the fourth degree with the intent to commit or attempt to commit any felony.
• Having a previous conviction for any crime under the same article or subdivision eleven of section 165.15 of the New York Penal Law.
• Intentionally altering or destroying computer material.
• Intentionally altering or destroying computer data or a computer program, resulting in damages exceeding $1,000.

To be charged with computer tampering in the third degree, an individual must first commit computer tampering in the fourth degree, which involves accessing a computer, computer service, or network without authorization and intentionally altering or destroying another person's computer data or program.

Computer tampering in the fourth degree

Computer tampering laws were introduced in the United States in 1984 as part of the Comprehensive Crime Control Act. These laws were amended in 1986 with the Computer Fraud and Abuse Act (CFAA), which was enacted in response to concerns that computer-related crimes might go unpunished.

In the state of New York, computer tampering in the fourth degree is the least serious computer tampering charge. A person is guilty of computer tampering in the fourth degree when they "use, cause to be used, or access a computer, computer service, or computer network without authorization and they intentionally alter in any manner or destroy computer data or a computer program of another person".

The specific charge a person will face depends on their prior criminal history, the amount of damage caused, and their reason for altering or destroying the computer data.

Computer tampering in the second degree

Computer tampering laws were introduced in the United States in 1984 as an amendment to existing computer fraud law. The Computer Fraud and Abuse Act (CFAA) was enacted in 1986, and has since been amended several times, with the most recent amendment occurring in 2008.

In the state of New York, computer tampering in the second degree is a class D felony, which can result in a prison sentence of up to seven years, as well as a substantial fine. According to New York Penal Law § 156.26, a person is guilty of computer tampering in the second degree when they:

• Commit computer tampering in the fourth degree and intentionally alter or destroy computer data or a computer program, causing damages exceeding $3,000.
• Commit computer tampering in the fourth degree and intentionally alter or destroy computer material containing medical records of identifiable individuals. As a result of the alteration or destruction, these individuals suffer serious physical injury, and the perpetrator is aware of and disregards the risk of such injury.

To be charged with computer tampering in the second degree, the damage threshold must exceed $3,000 and can be as high as $50,000. This level of damage is less likely to occur in a personal context, and is more often associated with corporate computer systems.

Defenses

According to the computer tampering statute, a defense against this charge could be the reasonable belief that one had authorization to alter or destroy the computer data. Another defense could be that the accused was not the person who altered or destroyed the material.

Computer tampering in the first degree

Computer tampering laws have been in place since at least 1984, when the Computer Fraud and Abuse Act (CFAA) was enacted as an amendment to existing computer fraud law. The CFAA was written to extend existing tort law to intangible property and limit federal jurisdiction to cases involving government or certain financial institutions, or crimes of an interstate nature.

• Access a computer, computer service, or computer network without authorization.
• Intentionally alter or destroy computer data or a computer program belonging to another person.
• Cause damages exceeding a certain monetary amount (e.g., $50,000 in New York).

The specific elements of computer tampering in the first degree may vary by jurisdiction. For example, in Arizona, computer tampering in the first degree is considered a class 2 felony if the tampered computer is a critical infrastructure resource, such as a power plant or power grid.

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