GSLC · Question #189
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 C. 18 U.S.C. 1030. 18 U.S.C. 1030, the Computer Fraud and Abuse Act (CFAA), is the primary US federal statute used to prosecute computer-related crimes including email fraud schemes conducted by hackers.
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. 1362
- B18 U.S.C. 2701
- C18 U.S.C. 1030
- D18 U.S.C. 2510
How the community answered
(31 responses)- A3% (1)
- B6% (2)
- C87% (27)
- D3% (1)
Why each option
18 U.S.C. 1030, the Computer Fraud and Abuse Act (CFAA), is the primary US federal statute used to prosecute computer-related crimes including email fraud schemes conducted by hackers.
18 U.S.C. 1362 addresses malicious destruction of or interference with US government communication lines and systems, not individual computer fraud or email scam operations.
18 U.S.C. 2701 (Stored Communications Act) targets unauthorized access to stored electronic communications held by service providers, not the active perpetration of email scams by an attacker.
18 U.S.C. 1030, the Computer Fraud and Abuse Act, is the foundational federal law covering unauthorized computer access, computer fraud, and related cybercrimes. Email scams carried out by a hacker using computers to defraud victims fall squarely within its provisions. It is the statute most commonly invoked by the DOJ and FBI when prosecuting black hat hackers engaged in computer-enabled fraud.
18 U.S.C. 2510 is a definitions section for the Wiretap Act governing interception of wire and electronic communications, and is not itself a charging statute applicable to computer fraud or email scams.
Concept tested: Computer Fraud and Abuse Act applicability to cybercrime
Source: https://www.law.cornell.edu/uscode/text/18/1030
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