Page Hero
The Computer Fraud and Abuse Act (CFAA) was enacted in 1986, as an amendment to the first federal computer fraud law, to address hacking. Over the years, it has been amended several times, most recently in 2008, to cover a broad range of conduct far beyond its original intent. 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.
As technology advances, the use of the criminal law to regulate conduct using such technology also advances. Perceptions concerning the role of technology in both traditional and high-tech criminal conduct prompted Congress to enact the first federal computer crime law thirty years ago. Increases in computer availability and mainstream usage, however, have propelled government regulation of computer conduct into overdrive.
Over the course of thirty years, federal computer crimes went from non-existent to touching on every aspect of computer activity for intensive and occasional users alike. The Computer Fraud and Abuse Act (CFAA) was enacted in 1986, as an amendment to the first federal computer fraud law, to address hacking. Over the years, it has been amended several times, most recently in 2008, to cover a broad range of conduct far beyond its original intent.
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 breadth and ambiguity of the CFAA are deeply troubling. NACDL supports wholesale reform of the CFAA and, in particular, believes violations of website terms of services should not be federal crimes. NACDL opposes any additional expansion of the CFAA and is actively working to reform the CFAA through amicus support, coalition building, and legislative advocacy.
Join NACDL to get involved
Additional information on the CFAA and NACDL's reform efforts are available at the hyperlinks below.
- CFAA Background
- CFAA Cases
- Advocacy Materials
- Reports and Journal Articles
- Pending Legislation on Computer Crimes (Legislative tracking services returning soon)
Join NACDL to get involved
Provisions of the Computer Fraud & Abuse Act
18 U.S.C. § 1030
Offense | Section | Sentence* |
Obtaining National Security Information | (a)(1) | 10 yrs (20) |
Accessing a Computer and Obtaining Information | (a)(2) | 1 or 5 yrs (10) |
Trespassing in a Government Computer | (a)(3) | 1 yr (10) |
Accessing a Computer to Defraud and Obtain Value | (a)(4) | 5 yrs (10) |
Intentionally Damaging by Knowing Transmission | (a)(5)(A) | 1 or 10 yrs (20) |
Recklessly Damaging by Intentional Access | (a)(5)(B) | 1 or 5 yrs (20) |
Negligently Causing Damage and Loss by Intentional Access | (a)(5)(C) | 1 yr (10) |
Trafficking in Passwords | (a)(6) | 1 yr (10) |
Extortion Involving Computers | (a)(7) | 5 yrs (10) |
Attempt and Conspiracy to Commit such an Offense | (b) | 10 yrs for attempt but no penalty specified for conspiracy in section (c) |
*The maximum prison sentences for second convictions are noted in parentheses.
Join NACDL to get involved
Continue reading below
These are sponsored ads
Featured Products
- Cross-Examination Questions Encyclopedia Every cross-examination question collected by NACDL has been organized into this ultimate quick-reference guide for criminal defense lawyers!Over 4,000 sample cross questions written by seasoned criminal practitioners from real-life scenarios have been analyzed, sorted and alphabetized into a multi-layered Encyclopedia designed to give you FAST access to practical sample cross-examination questions foralmost every type of criminal case. No narrative, no filler, just sample questions to inspire your next cross-examination!
- A Defender's Guide to Federal Evidence - 2nd Edition This brand-new 2nd Edition 2024 Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The updated 2024 Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The 2nd Edition Guide contains multiple new and updated user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems.
- NACDL 2024 Annual Pass - All CLE Institute Programs NACDL's2024 Annual Passgives you full access to the recordings of every CLE Institue live training seminar held in 2024! That means every CLE speech, presentation and training - along with all accompanying written materials - is yours for over 50% off! With this exclusive pass, you gain unlimited access to a treasure-trove of recent NACDL Trial Skills training that will help you win more cases!
Upcoming Events
Featured Events
- 18 Sep 2024 2024 Defending Modern Drug Cases Seminar
- 18 Sep 2024 2024 DWI Means Defend With Ingenuity Seminar
- 07 Oct 2024 Artificial Justice: AI, Tech and Criminal Defense
Explore keywords to find information
- Computer Fraud and Abuse Act (CFAA)
Have a question?
