Law/Policy Description
The CFAA (Computer Fraud and Abuse Act) refers to the 1984 cybersecurity bill passed by the Congress as an amendment of the previous computer fraud law. CFAA was part of the significant policy changes dubbed the 1984 Comprehensive Crime Control Act that was aimed at improving the security of private computers from access by hackers or other cyber criminals. The CFAA law forbids or bars individuals from accessing personal computers without permission. However, before the introduction of computer-specific policies, most computer fraud cases were generally prosecuted as wire and mail fraud. The existing applying regulation was considered by many as insufficient in prosecuting criminals, which was the reason Congress drafted the CFAA.
However, it is important to note that since 1984, the CFAA policies have been expanded several times by the USA PATRIOT ACT in 1989, 1994, 1996, as well as 2001. It was also extended by the Identity Theft Enforcement and Restitution Act in 2003 and 2008, leading to extensions of the provisions and conduct (Mehra, 2010).
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Human Behaviors Associated with the Act
Several human behaviors or activities are associated with the 1984 Computer Fraud and Abuse Act. The initial 1984 CFAA Bill was introduced due to the increasing concern that computer-connected offenders might walkout scot-free, without facing any legal retribution because of the loopholes existing in the constitution at the moment. Some of the behaviors associated with the Act include trespassing in government-owned computers, retrieving national security information, accessing a personal network with intent to defraud, intentionally damaging by knowing transfer or transmission, and many others (Doyle, 2010).
Behaviors the Example is Attempting to Support or Change
The House of Committee Report during the drafting of the bills was mainly intended to respond to the first computer crime bill drafted in the wake of the 1983 techno-thriller movie WarGames , whereby an innovative and highly skilled Broderick Mathew is depicted breaking into a highly secured U.S. military workstation or supercomputer preset to forecast the potential results of nuclear war. Broderick unwittingly almost triggers the Third World War. The film was used as a realistic representation of the access capabilities and automatic dialing abilities of personal computers. Therefore, the Computer Fraud and Abuse Act was, and is still, necessarily intended to change any hacking offenses and other illegal cybercrime behaviors (Doyle, 2010).
Behaviors the Act Actually Enforces
As such, the CFAA primarily attempts to enforce specific desired behaviors among American citizens concerning the privacy of personal computers. Firstly, citizens should learn to access or obtain information from personal computers by seeking permission. Citizens should also act responsibly by avoiding trespassing or retrieving data from government-owned databases without authorization as well as negligently causing damage and loss personal computer and information.
Side Effects of the Act
According to Jarrett & Bailie (2010), the introduction of cybercrime laws like the CFAA has significantly reduced computer-related criminal cases in the country. The bill introduced harsh penalties, which has subsequently scared off offenders. For example, for just obtaining national security information without permission, a criminal can serve up to 10 years in prison.
References
Doyle, C. (2010). Cybercrime: An overview of the Federal Computer Fraud and Abuse Statute and related federal criminal laws. Congressional Research Service. DIANE Publishing.
Jarrett, H. M., & Bailie, M. W. (2010). Prosecution of Computer . justice.gov . Office of Legal Education Executive Office for United States Attorneys .
Mehra, S. K. (2010). Law and cybersecurity in the United States today. The American Journal of Comparative Law, 58, 659-685.
