The Emergence Of Computer Tampering Laws

The need for computer tampering laws became apparent in the 1980s, when computer-related crimes started to emerge. In 1984, the Comprehensive Crime Control Act was enacted, which included provisions for computer fraud. However, it was soon recognised that the legislation was insufficient to cover the emerging types of computer crimes, and so the Computer Fraud and Abuse Act (CFAA) was passed in 1986, creating specific laws against computer tampering.

Computer tampering defined

Computer tampering is a felony offense in Arizona. It is committed when a person acts without proper authority or exceeds their authorized use of a computer, computer system, or network. The crime encompasses various acts, including unauthorized access to computer systems with the intention to disrupt, alter, damage, delete, or destroy data or programs.

Computer tampering laws were established to address the need to prosecute computer-related crimes, which were previously charged as mail and wire fraud. The broad nature of these laws means that a range of offenses can be prosecuted, from disgruntled employees crashing a company's computer system to hackers attempting to obtain confidential data or using a computer to threaten or terrorize others.

In Arizona, computer tampering is classified into six categories, each with its own set of penalties. These classifications are based on the specific actions of the offender and the type of computer system targeted.

Class 2 felony computer tampering involves knowingly altering, damaging, deleting, or destroying computer programs or data, introducing a computer contaminant, or disrupting services on a critical infrastructure resource. Critical infrastructures are systems or assets that are vital to the state and the nation, and their incapacitation or destruction would have a debilitating impact on security, economic security, public health, or safety.

Class 3 felony computer tampering involves accessing, altering, damaging, or destroying a computer, computer system, or network with the intent to defraud or deceive.

Class 4 felony computer tampering also involves the alteration, damage, deletion, or destruction of computer programs or data, the introduction of a computer contaminant, or the disruption of services.

Class 5 felony computer tampering involves recklessly using a computer to engage in a scheme that seriously alarms, torments, threatens, or terrorizes another person, causing substantial emotional distress and serving no legitimate purpose.

Class 6 felony computer tampering involves knowingly obtaining confidential information or accessing any computer, computer system, or network without authorization.

Additionally, individuals can be charged with felony offenses for preventing a computer user from exiting a site or service, forcing their computer to continue communicating with or connecting to the service.

The prosecution of computer tampering charges can occur in various counties, including where the affected computer or network is located, where the offense was committed, or where critical infrastructure resources were impacted.

Computer tampering laws by state

The need for computer crime laws became apparent in the 1980s, with the emergence of personal computers and the subsequent rise in computer-related crimes. The 1983 film *WarGames* depicted a teenager who "breaks into a U.S. military supercomputer" and almost starts World War III. This film highlighted the potential dangers of computer crimes and the need for specific legislation to address them.

In the United States, computer tampering laws vary by state. Here is an overview of some state-specific computer tampering laws:

Arizona

In Arizona, computer tampering is a felony offense. The relevant statute is A.R.S. §13-2316, which defines computer tampering as acting "without proper authority or exceed [ing] their authorization of computer use." The statute outlines several classes of felony computer tampering, each with its own penalties:

• Class 2 felony: Knowingly altering, damaging, deleting, or destroying computer programs or data on a critical infrastructure resource. First-time offenders face up to 12.5 years in prison.
• Class 3 felony: Accessing, altering, damaging, or destroying any computer, computer system, or network with the intent to defraud or deceive. First-time offenders face up to 8.75 years in prison.
• Class 4 felony: Knowingly altering, damaging, deleting, or destroying computer programs or data. First-time offenders face up to 3.75 years in prison.
• Class 5 felony: Recklessly using a computer to engage in a scheme that causes substantial emotional distress to another person. First-time offenders face up to 2.5 years in prison.
• Class 6 felony: Knowingly obtaining confidential information or accessing any computer, computer system, or network without authorization. First-time offenders face up to 2 years in prison.

Alabama

In Alabama, computer tampering is addressed in Section 13A-8-112 of the 2012 Code of Alabama. The law states that a person commits computer tampering by acting "without authority or exceed [ing] authorization of use" and knowingly engaging in certain prohibited activities. The offense is generally classified as a Class A misdemeanor but can be elevated to a Class C, B, or A felony under certain circumstances, such as if the intent is to commit an unlawful act or if the violation results in significant financial loss or physical injury.

Federal Level

At the federal level, the Computer Fraud and Abuse Act (CFAA) of 1986 is the primary legislation addressing computer-related crimes. The CFAA criminalizes a range of activities, including accessing a computer without authorization, trafficking in passwords, and causing damage to a protected computer. The Act has been amended multiple times to expand its reach and address emerging cyber threats.

Punishments for computer crimes

The need for computer tampering laws became apparent in the 1980s. The 1983 film WarGames, in which a teenager unwittingly starts World War III by hacking into a US military supercomputer, highlighted the potential real-world dangers of computer-related crimes. This, along with the increasing use of computers, led to the Computer Fraud and Abuse Act of 1986 (CFAA), which was enacted as an amendment to the Comprehensive Crime Control Act of 1984.

Computer crimes are punished in various ways, depending on the jurisdiction and the nature of the crime. Here are some examples of punishments for computer crimes in different states and countries:

• United States: In the US, computer crimes can be prosecuted under the CFAA, which criminalizes a range of computer-related acts, including accessing a computer without authorization, trafficking in passwords, and distributing malicious code. The CFAA sets a maximum penalty of 10 years in prison for first-time offenders and 20 years for repeat offenders. However, the broad definitions and stiff penalties of the CFAA have been criticized for giving prosecutors too much leeway and leading to excessive sentences.
• Arizona: In Arizona, computer tampering is classified as a felony, with punishments ranging from probation to several years in prison, depending on the specific circumstances and the defendant's prior convictions. For example, computer tampering with the intent to defraud or deceive is classified as a class 3 felony, while tampering with a critical infrastructure resource, such as a power plant, is a class 2 felony.
• Connecticut: In Connecticut, computer hacking can be punished as a class B misdemeanor, carrying up to six months in prison and a fine of up to $1,000, or as a class B felony, with up to 20 years in prison and a fine of up to $15,000. The punishment depends on the specific circumstances and the harm caused by the crime.
• Other US States: Other US states have their own computer crime laws with varying punishments. For example, in Alabama, computer tampering can result in up to 99 years in jail and a $60,000 fine, while in Texas, it can lead to life imprisonment and a $10,000 fine.
• Internationally: Outside the US, punishments for computer crimes vary widely. For example, in the UK, the Computer Misuse Act of 1990 sets out penalties for unauthorized access to computer material, with a maximum sentence of two years in prison. In China, by contrast, computer-related crimes can result in the death penalty.

Defenses for those accused of computer crimes

The need for computer tampering laws became apparent in the 1980s, with the rise of personal computers and the subsequent emergence of computer-related crimes. The 1983 film *WarGames* depicted a teenager who "hacks" into a U.S. military supercomputer and almost starts World War III, highlighting the potential dangers of computer crimes. This led to the enactment of the Computer Fraud and Abuse Act (CFAA) in 1986, which criminalized various computer-related acts such as the distribution of malicious code and denial-of-service attacks.

Now, onto the defenses for those accused of computer crimes:

Being accused of a computer crime can be a serious matter, often resulting in lengthy investigations and severe punishments. However, there are several defenses that an accused person can use to protect themselves. Here are some strategies to consider:

Attack the Prosecution's Evidence

• Lack of Intent: Most cybercrimes require intentional actions. Showing a lack of intent can cast doubt on the prosecution's argument. For example, demonstrating that you were unaware that a file contained malware undermines the claim that you intended to disrupt a computer system.
• Consent: Many computer crimes involve unauthorized access to computer systems or networks. Proving that you had permission or consent to access the system can challenge the prosecution's case.
• Forensics: Digital forensics is not a perfect science, and experts in this field may make mistakes. Pointing out any forensic flaws or inconsistencies in their findings can help strengthen your defense.
• Alibi/Mistaken Identity: Proving that a crime was committed is not enough; the prosecutor must also prove that you committed it. In computer crime cases, it can be challenging to determine who used a particular computer or network. Providing evidence that multiple people had access can make it more difficult for the jury to establish your responsibility.

Affirmative Defenses

In an affirmative defense, the defendant admits to committing the crime but presents a valid reason for their actions. Two common affirmative defenses in computer crime cases are:

• Duress: This defense argues that you committed the crime because you or someone close to you was threatened with bodily harm.
• Entrapment: This defense claims that you were not initially inclined to engage in criminal activities but were persuaded or tricked into doing so by a government agent or police officer.

Procedural Defenses

The U.S. Constitution grants Americans certain rights in criminal cases, such as the right to be free from unreasonable searches and seizures, the right against self-incrimination, and the right to counsel. These protections are crucial in cybercrime cases, especially when it comes to searching computers and digital devices. If law enforcement fails to respect these rights or obtain proper warrants, it may result in evidence being thrown out or the case being dismissed.

Additionally, it's important to note that cybercrime laws vary across states and countries. For example, in Pennsylvania, computer crime statutes require evidence of a certain mental state, such as intent, willfulness, or knowledge, to prove culpability. Therefore, it is essential to consult with a knowledgeable criminal defense attorney who can guide you through the specific laws and defenses applicable to your case.

History of computer crime legislation

The need for computer crime legislation became apparent in the 1980s, with the emergence of personal computers and the potential for computer-related crimes. Prior to this, computer crimes were prosecuted under mail and wire fraud laws, but these were often insufficient. The 1983 film *WarGames* depicted a teenager who breaks into a US military supercomputer and almost starts World War III, highlighting the dangers of computer tampering. This led to the Computer Fraud and Abuse Act (CFAA) of 1986, which amended existing computer fraud law to address emerging cyber threats.

The CFAA criminalized a range of computer-related acts, including the distribution of malicious code, denial-of-service attacks, and trafficking in passwords. It was designed to protect "protected computers", which included computers used by the US government, financial institutions, or those affecting interstate or foreign commerce. However, in practice, any ordinary computer, including cellphones, can fall under the jurisdiction of the CFAA due to the interstate nature of Internet communication.

Since its enactment, the CFAA has been amended multiple times to expand its reach and address evolving cyber threats. In 1989, 1994, 1996, and 2001, the law was updated to include additional computer-related offenses. In 2008, it was amended by the Identity Theft Enforcement and Restitution Act to address the growing issue of identity theft.

In addition to federal legislation, individual states have also enacted computer tampering laws. For example, in Arizona, computer tampering is defined under A.R.S. §13-2316, which criminalizes unauthorized access to computer systems with the intention to disrupt, alter, damage, delete, or destroy data or programs. New York has also enacted computer tampering laws, with specific degrees of severity, such as "computer tampering in the third degree" and "computer tampering in the fourth degree".

The evolution of computer crime legislation at both the federal and state levels reflects the increasing recognition of the seriousness of computer-related offenses and the need for specific laws to address them.

Frequently asked questions