GPEN · Question #354
John is a black hat hacker. FBI arrested him while performing some email scams. Under which of the following US laws will john be charged?
The correct answer is D. 18 U.S.C. 1030. The Computer Fraud and Abuse Act (CFAA) is the primary US federal statute under which computer-related crimes such as hacking and email fraud are prosecuted.
Question
John is a black hat hacker. FBI arrested him while performing some email scams. Under which of the following US laws will john be charged?
Options
- A18 U.S.C. 2510
- B18 U.S.C. 2701
- C18 U.S.C. 1362
- D18 U.S.C. 1030
How the community answered
(20 responses)- A5% (1)
- B10% (2)
- D85% (17)
Why each option
The Computer Fraud and Abuse Act (CFAA) is the primary US federal statute under which computer-related crimes such as hacking and email fraud are prosecuted.
18 U.S.C. 2510 is the Wiretap Act, which governs the interception of wire, oral, and electronic communications in transit - not general computer fraud or email scams.
18 U.S.C. 2701 is the Stored Communications Act, which protects stored electronic communications from unauthorized access, but it is narrower in scope than the CFAA for prosecuting active fraud schemes.
18 U.S.C. 1362 addresses malicious destruction of communication lines, stations, or systems - a physical infrastructure statute that does not apply to email scam activity.
18 U.S.C. 1030, known as the Computer Fraud and Abuse Act, criminalizes unauthorized access to computers, computer fraud, and related offenses including email-based scams conducted via computer systems. It is the broadest and most applicable federal law for prosecuting black hat hackers engaging in cybercrime.
Concept tested: US federal cybercrime law - Computer Fraud and Abuse Act
Source: https://www.law.cornell.edu/uscode/text/18/1030
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