	Introduction

In their present form, the seven paragraphs of subsection 1030(a) outlaw
computer trespassing in a government computer, 18 U.S.C. 1030(a)(3); computer trespassing resulting in exposure to certain governmental, credit, financial, or commercial information, 18 U.S.C. 1030(a)(2); damaging a government computer, a bank computer, or a computer used in, or affecting, interstate or foreign commerce, 18 U.S.C. 1030(a)(5); committing fraud an integral part of which involves unauthorized access to a government computer, a bank computer, or a computer used in, or affecting, interstate or foreign commerce, 18 U.S.C. 1030(a)(4); threatening to damage a government computer, a bank computer, or a computer used in, or affecting, interstate or foreign commerce, 18 U.S.C. 1030(a)(7); trafficking in passwords for a government computer, or when the trafficking affects interstate or foreign commerce, 18 U.S.C. 1030(a)(6); accessing a computer to commit espionage, 18 U.S.C. 1030(a)(1)
Subsection 1030(b) makes it a crime to attempt or conspire to commit any of these offenses. Subsection 1030(c) catalogs the penalties for committing them, penalties that range from imprisonment for not more than a year for simple cyberspace trespassing to imprisonment for not more than 20 years for a second espionage-related conviction. Subsection 1030(d) preserves the investigative authority of the Secret Service. Subsection 1030(e) supplies common definitions. Subsection 1030(f) disclaims any application to otherwise permissible law enforcement activities. Subsection 1030(g) creates a civil cause of action for victims of these crimes. 1030(g). There are five types of protected computers or computer systems. The five include computers (1) used exclusively for or by the United States Government; (2) used exclusively for or by a bank or other financial institution; (3) used in part for or by the United States Government where the damage "affects" government use or use on the government's behalf; (4) used in part for or by a bank or other financial institution where the damage "affects" use by or on behalf of the institution; and (5) used in, or affecting, interstate or foreign commerce or communications. Computer Fraud (18 U.S.C. 1030(g).
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of CFAA and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act, P.L. 110-326, 122 Stat. 3560 (2008).
In their present form, the seven paragraphs of subsection 1030(a) outlaw
computer trespassing (e.g., hacking) in a government computer, 18 U.S.C. 1030(a)(3); computer trespassing (e.g., hacking) resulting in exposure to certain governmental, credit, financial, or computer-housed information, 18 U.S.C. 1030(a)(2); damaging a government computer, a bank computer, or a computer used in, or affecting, interstate or foreign commerce (e.g., a worm, computer virus, Trojan horse, time bomb, a denial of service attack, and other forms of cyber attack, cyber crime, or cyber terrorism), 18 U.S.C. 1030(a)(5); committing fraud an integral part of which involves unauthorized access to a government computer, a bank computer, or a computer used in, or affecting, interstate or foreign commerce, 18 U.S.C. 1030(a)(4); threatening to damage a government computer, a bank computer, or a computer used in, or affecting, interstate or foreign commerce, 18 U.S.C. 1030(a)(7); trafficking in passwords for a government computer, or when the trafficking affects interstate or foreign commerce, 18 U.S.C. 1030(a)(6); and accessing a computer to commit espionage, 18 U.S.C. 1030(a)(1).
Subsection 1030(b) makes it a crime to attempt or conspire to commit any of these offenses. Subsection 1030(c) catalogs the penalties for committing them, penalties that range from imprisonment for not more than a year for simple cyberspace trespassing to a maximum of life imprisonment when death results from intentional computer damage. Subsection 1030(d) preserves the investigative authority of the Secret Service. Subsection 1030(e) supplies common definitions. Subsection 1030(f) disclaims any application to otherwise permissible law enforcement activities. Subsection 1030(g) creates a civil cause of action for victims of these crimes. Subsections 1030(i) and (j) authorize forfeiture of tainted property.
This report is an abridged version of CRS Report 97-1025, Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws, by [author name scrubbed], stripped of the authorities and footnotes found there.