Hazards of

Hacking

Hacking

• Originally, hacking was used to describe a programmer who was very skilled at his/her profession

• Often, this person knew programming inside and out and appeared to be able to work miracles with programs

• Today, hacking commonly refers to a person who abuses computer access, breaks into computers and/or uses computers without authorization

Examples of Hacking Behavior

• Using a personal computer to access another computer without prior authority to access that computer and gain access to information that is stored on the computer

• Using a personal computer to gain access to information stored on another computer that is considered confidential without the permission of the content owner

• Using a personal computer to gain access to information stored on another computer and modifying the contents of that data without the permission of the content owner

• Using a personal computer to deny legitimate users access to a computer

Group Questions

• What behaviors has this person contributed to that are considered hacking behaviors?

• What, if any, damage was done?

• Does your group consider this a crime?

• Does your group believe the consequences were appropriate?

Current Computer Law Problems

• Prosecution of computer crimes is often difficult because the computer laws in many states are poorly defined or non-existent

• Prosecutors often elect to charge hackers with more common laws instead of computer laws, simply because the more common laws have been tried in court and lawyers are familiar with prosecuting those cases

• Computer laws vary from state to state, creating difficulties in determining jurisdiction

Iowa Computer Laws

The following is a section of Iowa State Criminal Law.

Code 716A.2 describes what acts constitute as "Unauthorized access" to a computer and what level of crime the person has committed.

CODE OF IOWA 1989 TITLE XXXV CRIMINAL LAW CHAPTER 716A COMPUTER CRIME Iowa Code @ 716A.2 (1989) 716A.2 Unauthorized access

A person who knowingly and without authorization accesses a computer, computer system, or computer network commits a simple misdemeanor.

Virginia Computer Laws

This is a section, 18.2-152.4 of Virginia State Criminal Law also describes what acts constitute as "Computer Trespass" to a computer. Note the differences in the way that the acts are described.

18.2-152.4. COMPUTER TRESPASS Any person who uses a computer or computer network without authority and with the intent to:

1. Temporarily or permanently remove computer data, computer programs or computer software from a computer or computer network;

2. Cause a computer to malfunction regardless of how long the malfunction persists;

3. Alter or erase any computer data, computer programs or computer software

4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;

5. Cause physical injury to the property of another; or

6. Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs or computer software residing in, communicated by or produced by a computer or computer network shall be guilty of the crime of computer trespass which shall be punishable as a Class 1

misdemeanor.

If such act is done maliciously and the value of the property damaged is

$2,500 or more, the offense shall be punishable as a Class 6 felony.

Virginia Computer Laws (continued)

Iowa Law Discussion

• When discussing unauthorized access to a computer, it is generally considered that accessing a computer without the expressed authorization from the computer owner is unauthorized

access or computer trespassing. Iowa codes describe the general act of accessing a computer

without the consent of the owner. The codes do not describe any specific actions that can help determine if an unauthorized

computer access has occurred.

Specific actions that the hacker could have committed are not described, causing it to be very difficult to successfully prosecute a hacker under this law.

Virginia Law Discussion

• Virginia's laws are much more defined, providing a clearer definition of behaviors and actions considered unauthorized

access to computers or computer trespassing.

• For example, the specific action of causing a computer to malfunction, regardless of how long the malfunction persists, is

considered to be computer trespassing.

• These descriptions are clear and concise, allowing no room for ambiguity with behaviors considered as Computer Trespassing in Virginia. By making the description of computer trespassing behavior clear, it is easier to prosecute hackers.

Punishments

• In Iowa, anything that falls under the category of unauthorized access is a simple misdemeanor, no matter what damage the hacker caused.

• In Virginia, the same behaviors may be punishable with a class 6 Felony if convicted.