Computer law overview and principles

Computer Fraud and Abuse Act was enacted into law in 1986 to deal with the hacking of computer systems operated by the American government and certain financial institutions. Through its enactment, the legislation made it a federal offense to access a protected computer without authorization or to an extent that is beyond the authorized access. However, since it was passed into law, the act has been amended severally in attempts to expand its scope and penalties. In addition, the act has developed to be an important legislation since it's used widely not only by the government to prosecute hackers but it's also used by private corporations to help protect their trade secrets and other proprietary information.

Penalties and Fines in the Law:

The Computer Fraud and Abuse Act is considered as one of the most essential computer-crime laws because it was the first significant federal legislation to offer some protection against computer-based offenses. The main aim of the act was to provide legal protection for computers and computer systems in three major categories. They include computers and computer systems under direct control of some federal agencies, those that are part of a financial institution, and those involved in foreign or interstate commerce (Easttom & Taylor, 2011, p. 72).

In order to achieve its objectives, the act contains certain penalties and fines for offenders of the provisions of this legislation. These penalties and fines include a minimum of 10 years and maximum of 20 years imprisonment for offenders obtaining national security information, a maximum 10-year sentence for criminals trespassing in a government computer, and a maximum 10-year sentence for intentional access and damage. The other penalties are a maximum 10-year sentence for trafficking in passwords, 20-year sentence for intentional access and reckless damage, and maximum 10-year sentence for extortion involving threats to damage computer. Furthermore, offenders in violation of the provisions of this legislation are subject to fines of up to $250,000 per incident.

Impact of the Legislation:

As previously mentioned, the act is regarded as one of the most significant laws since it's the first federal law addressing the hacking of computers and computer systems. This law has had a tremendous impact on the American society and global environment since its used by the U.S. government and private corporations to prosecute hackers and safeguard proprietary information like trade secrets respectively ("What is the Computer Fraud and Abuse Act?" n.d.). While this legislation was initially intended as a tool for national security to help in preventing hacking, it has been widely used across the American society as businesses invoked the act to protect significant proprietary information. Actually, these businesses have cited the law basically to sue former and current employees suspected of stealing information for various purposes such as competitive reasons. Therefore, the major impact of Computer Fraud and Abuse Act of 1986 is that it has helped in safeguarding important information and prosecuting hackers by government and private entities.

Judicial Case involving Computer Fraud and Abuse Act of 1986:

Since its enactment, the Computer Fraud and Abuse Act of 1986 has been used in convicting offenders suspected of hacking computers and computer systems for illegal purposes. An example of the use of law in convicting such offenders is the United States v. Morris case at the United States Court of Appeals, Second Circuit in 1991. In this case, the defendant wrote a worm and launched it on the Internet, which he meant to be harmless. However, the worm ended up causing significant damage and harm, including damage to federal computers that Morris did not foresee. As a result, the defendant was found guilty of intentionally accessing and contributing to loss to federal computers ("United States v. Morris," n.d.).

The defendant appealed to the United States Court of Appeals on the basis that he did not plan to damage the federal computers. Since he was charged under the Computer Fraud and Abuse Act of 1986, the defendant argued that the statute should be read to necessitate intent to damage and intent to access. Nonetheless, the United States Court of Appeals upheld the conviction on the basis that the defendant caused damage to federal computers and obtained unauthorized access to these computers. The court also upheld the conviction on the basis that it was proved beyond reasonable doubt at trial that Morris intentionally accessed federal computers through launching the worm that caused damage.

Based on this case, the use of the Computer Fraud and Abuse of Act of 1986 requires critical consideration with regards to its effectiveness in convicting offenders. This is because the defendant challenged the use of this act on the basis that it covers intent to access rather than intent to damage. This challenge also originates from the fact that legislative history suggests that the intent element is applicable only to the access element. Since this perspective is supported by the structure, wording, and purpose of the act, no other elements of the offense are required to be intentional ("United States v. Morris -- Bloomberg Law," n.d.).