GSLC Question #189: Real Exam Question with Answer & Explanation

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

Explanation

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.

Common mistakes.

A. 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.
B. 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.
D. 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

Reference. https://www.law.cornell.edu/uscode/text/18/1030

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