Philadelphia Federal Computer Hacking Charges: Laws, Penalties and Defense

Philadelphia Federal Computer Hacking Charges: What You Need to Know

Computer hacking charges are no joke—just ask the folks recently busted in Philadelphia. Prosecutors threw the book at members of a hacker group called The Hactivist Collective, hitting them with a laundry list of federal crimes related to allegedly breaching government and corporate networks.

But what exactly does “computer hacking” mean legally? And what kind of penalties are these Philly hackers looking at if convicted? Let’s break it down.

What is Computer Hacking?

In the federal system, “computer hacking” refers to intentionally accessing a computer without authorization or exceeding authorized access. So if you log into someone else’s Facebook, even just to poke around (not cool by the way), you could be committing a federal hacking crime.

The main federal statutes used to charge hacking offenses are the Computer Fraud and Abuse Act (CFAA) and the Computer Trespass laws. The CFAA is broader and more serious, carrying penalties up to 20 years in prison. It covers things like:

• Obtaining national security or classified information
• Accessing a computer to defraud and obtain value
• Intentionally damaging or threatening damage to a protected computer
• Trafficking passwords or access devices

What About “Ethical Hackers”?

Now you might be wondering—what about security researchers and so-called “ethical hackers” who hack into systems to expose vulnerabilities? Are they breaking the law too?

The short answer is….it depends. If the target explicitly authorizes access for security testing, then it’s likely legal. But hacking without permission is risky business even with good intentions. Unfortunately, the CFAA doesn’t clearly exempt “good faith” hacking.

So folks who “hack for good” can still face charges if their activities cross lines. Just look at the case of Marcus Hutchins, the malware researcher who stopped WannaCry but had his own shady past catch up with him. It’s a legal gray area for sure.

Penalties for Philadelphia Hacker Group

Now back to Philadelphia…the specific charges for The Hactivist Collective include conspiracy, computer intrusion, wiretapping, identity theft, and obstruction of justice.

These charges carry some hefty maximum sentences if convicted:

• Conspiracy – 5 years
• Computer Intrusion – 10 years
• Wiretapping – 25 years
• Aggravated Identity Theft – 2 years mandatory minimum

However, the actual sentences rarely reach the maximums. Judges have huge discretion based on things like criminal histories, damage caused, number of victims, etc.

First-time offenders often get probation or minimal jail time. But hacking multiple systems or causing major harm can definitely ratchet up the consequences. Prosecutors try to throw the book early on to incentivize plea deals.

Defenses and Mitigating Factors

Facing federal indictment is daunting, but experienced criminal defense attorneys have strategies to challenge computer hacking charges or at least mitigate penalties. Some common options include:

• Authorization: Arguing the access was authorized in some form, even if credentials were misused. For example, using a shared password or having permission from an authorized user.
• No intent: Claiming there was no intent to access without authorization or that it happened by accident. Harder defense but may show lack of criminal culpability.
• Minimal harm: Emphasizing that even if unauthorized access occurred, it resulted in little to no damage or loss. Makes penalties less severe under sentencing guidelines.
• Whistleblower motives: Asserting there was a good-faith belief that hacking was necessary to expose unlawful activity or protect public interest. Resonates with some juries.
• Cooperation: Providing substantial assistance to the prosecution, such as testifying against more culpable co-conspirators or providing info about other crimes. Major factor in reduced sentencing.

Bottom Line

Computer hacking charges are complex but beatable in some cases. Anyone facing federal indictment should lawyer up immediately. An experienced federal criminal defense attorney can carefully analyze the evidence and build the strongest defense strategy or negotiation approach.

With the right legal guidance, even the Philadelphia hacktivists may get lucky and dodge the book prosecutors threw at them early on. But they better roll the dice and play their cards right if they hope for any leniency from the court.