Robert Tappan Morris
the first person to be prosecuted under the CFAA; designed a computer worm which spread over the internet
CFAA 1994/1996 Amendment
makes it a crime to knowingly cause "the transmission of a program, information, code, or command" and thereby "damage" a protected computer
Mens Rea
the intention or knowledge of wrongdoing constitutes part of a crime, as opposed to the action or conduct of the accused.
Levels of Mens Rea
purposeful, knowing, reckless, negligent
insiders vs outsiders
insiders have authorization; outsiders don't
damage
any impairment to the integrity or availability of data, a program, a system, or information
when does computer damage turn into a felony rather than a misdemeanor?
more than 10 computers are affected
greater than or equal to $5000 of loss in a one year period
damage involves physical injury to a person OR
An actual or potential effect on medical care
what is included in loss?
Response costs
Damage assessments
Restoration of data or programs
Wages of employees to respond
Lost sales
Lost advertising revenue
Might include: Harm to reputation or goodwill
Does not include: Costs associating with assisting law enforcement
Active Cyber Defense Certainty Act
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