Fraud And Abuse Act (CFAA)

This Act was enacted to regulate computer crimes and protect them against the misuse of computer criminal activities such as hacking and cracking down of computer networks and systems and virus spreading. This Law seems to be the most important due to increase in computer activities such financial transactions, for example increase in electronic banking. Through this Act, users of computers have been able to protect their rights to privacy and confidence when using the computer. The Act is similar to the United States Computer Fraud and Abuse Act 1986(United States), the Computer Misuse Act 1990 (United Kingdome) and the Computer Misuse Act 1993 (Singapore). The offences covered under this Act are; Unauthorized

Technology affects all areas of society, forcing changes in a range of laws. Advances in computer technology have resulted in a new brand of cyber crimes such as computer fraud, computer hacking, email spam, pornography (especially when it relates to children) and stalking online. But it doesn’t just limit itself to computer related crimes. The new wave of digital recording devices create issues with privacy and

|Bob Barr. "The Cybercrime Treaty Threatens Civil Liberties." Opposing Viewpoints: Cyber Crime. Ed. Louise Gerdes. Detroit: Greenhaven Press, |

Legal and ethical issues in computing are not as straight forward as one expects, these two comprehensive concepts can be divided into many sub-sections such as computer Ethics which is a moral standard used as a guideline for computer users, Code of ethics is a guideline in ICT, intellectual property is the own work that is created by individuals, privacy refers to the rights that individual and companies have and how their data is collected and restricted to outside sources, computer crime is an illegal act that involves computers and finally cyber law which is laws that are related to helping protect the internet and other online communication.

FTC first became involved with consumer privacy issues in 1995, when it promoted industry self-regulation. After determining that self-regulation was not effective, FTC began taking legal action under Section 5 of the FTC Act. Section 5 limits practices considered to be unfair to instances where, among other things, 1) the practice causes or is likely to cause substantial injury to consumers; (2) the substantial injury is not reasonably avoidable by consumers; and (3) the substantial injury is not outweighed by countervailing benefits to consumers or to competition. Since 2002, the FTC has brought over 50 cases against companies that have engaged in unfair or deceptive practices that put consumers’ personal data at unreasonable risk. Most of these cases resulted in settlements and did not provide judicial decisions addressing the FTC’s authority to regulate the data security practices of companies which have suffered a data breach.

In 1984, the CFAA began as a criminal statute to protect classified information in government computer systems. The statute, initially, was restricted to “federal interest computers,” which included only computers of governmental and financial institutions. Throughout the years, Congress progressively expanded its reach, both in terms of who may file suit and what computers are protected. In 1994, Congress added, for the first time, a private right of action to allow “[a]ny person who suffers damage or loss by reason of a violation of [the statute]” to “maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief.” Further amendments in 1996 extended the range of the CFAA from “federal interest computers” to “protected computers” used in interstate commerce.

In 2015, the Third Circuit Court Appeals’ decision in Wyndham reinforced the FTC’s authority to pursue enforcement actions against companies that do not have reasonable data security practices. Notwithstanding a motion to dismiss arguing that, inter alia, (1) the FTC lacks authority to regulate under §5 of the FTC Act and (2) the FTC failed to provide fair notice and of what constitutes reasonable data security standards and (3) §5 does not govern the security of payment card data; Wyndham marked the first time federal courts held that the FTC has authority under §5 of the FTC Act to enforce data security practices.

Fraudulent activities and embezzlement are more prevalent in organizations than most people think. Because of the multitude of previous scandals, the Sarbanes-Oxley Act has required all publicly traded U.S. companies to have internal auditing and internal controls to check for fraudulent activity and embezzlement. While the Sarbanes-Oxley Act only applies to public businesses, the requirements of it should be applied to all types of businesses, even universities. In the Case of the City University of New York, having internal controls and auditing would have halted the embezzlement occurring there.

As our technology changes so do we, and so does the world of criminal activities. There are people out there who can steal from you using computers and the internet. What do we have that can protect us from these types of criminal actions? There several different laws that protect U.S. citizens from cybercrime, one that comes to mind is The Computer Fraud and Abuse Act (CFAA). There are seven subsections, but we are going to focus on Subsection 1030. Subsection 1030 is theft of finical information, this law protects citizens from cyber trespassing, threats, damage, and fraud (Cornell Law School, 2017). This law protects citizens from hackers stealing their money, or causing a lot of economic damage.

Ms. S suspects on her boyfriend for cheating her and hence when he is asleep, she takes out his music player and finds that he has all romantic songs. She sends an electronic mail to him saying that he is the most evil person in the universe.

As you can clearly see, the number of exceptions has remained relatively low for all compliance categories. The highest number of TIL exceptions was in 2009 and resulted in a total of 65 exceptions for an exception rate of 16 percent. This graphical depiction clearly validates the continued reporting by FCA of System compliance to the FRB/CFPB.

FTC first became involved with consumer privacy issues in 1995, when it promoted industry self-regulation. After determining that self-regulation was not effective, FTC began taking legal action under Section 5 of the FTC Act. Section 5 limits practices considered to be unfair to instances where, among other things, 1) the practice causes or is likely to cause substantial injury to consumers; (2) the substantial injury is not reasonably avoidable by consumers; and (3) the substantial injury is not outweighed by countervailing benefits to consumers or to competition. Since 2002, the FTC has brought over 50 cases against companies that have engaged in unfair or deceptive practices that put consumers’ personal data at unreasonable risk. Most of these cases resulted in settlements and did not provide judicial decisions addressing the FTC’s authority to regulate the data security practices of companies which have suffered a data breach.

Cyber Law was the first step taken by the government against the cyber-crime. According to this law if any one tries to destroy, alters or delete any data or damage it without any permission of the owner of the computer, shall be punishable offense. Similarly if any corporate body is maintaining or protecting data of the person or company and if any negligent act or failure found in protecting the data shall be liable to pay

One key point to analyzing this legal and regulatory issue is to explain the following two important terms. The first one is the nature of the subject matter protected by the CMA 1990. When it comes to the object of the computer misuse offence, it is easy to reach a consensus that it is the information that includes the confidentiality, integrity and availability of computer systems and data, such as financial information, personal information, tax-relater records as well as trade secrets. Information should be

Running head: THE GROWING THREAT OF COMPUTER CRIME The Growing Threat of Computer Crime Diana Ritter Baker College of Cadillac May 9, 2001 Abstract Computers have been used for most kinds of crime, including fraud, theft, larceny, embezzlement, burglary, sabotage, espionage, murder, and forgery, since the first cases were reported in 1958. One study of 1,500 computer crimes established that most of them were committed by trusted computer users within businesses; persons with the requisite skills, knowledge, access, and resources. With the arrival of personal computers to manipulate information and access computers by telephone, increasing numbers of crimes--electronic trespassing, copyrighted-information piracy, vandalism--have been