What Constitutes Federal Computer Hacking Charges in California?

 

What Constitutes Federal Computer Hacking Charges in California?

Computer hacking is a big deal in California. Both state and federal laws make it illegal to access someone else’s computer system without permission. The penalties can be severe, including years in prison. But what exactly constitutes computer hacking under California law? Let’s break it down.

California’s Computer Hacking Laws

California has its own laws prohibiting unauthorized computer access under Penal Code Section 502(c). This law makes it illegal to:

• Knowingly access any computer, system or network without permission
• Access a computer to devise or execute any scheme to defraud, deceive or extort
• Wrongfully control or obtain money, property, or data
• Knowingly facilitate access to a computer in order to obtain data, money, or property

Violating this law is a wobbler offense. That means it can be charged as either a misdemeanor or felony. Misdemeanor charges are punishable by up to one year in county jail. Felony charges can result in 16 months, 2 years or 3 years in state prison.

Factors that can make the crime a felony include:

• Committing identity theft
• Causing over $950 in losses or damages
• Hacking for financial gain
• Hacking a government computer

So hacking someone’s Facebook profile just to snoop around would likely be a misdemeanor. But hacking into a government database to steal identities or cause major disruption could lead to felony charges.

Federal Computer Hacking Laws

There are also federal laws that prohibit computer hacking and cybercrime. The main law is the Computer Fraud and Abuse Act (18 U.S.C. § 1030). This makes it a federal crime to intentionally access a computer without authorization or exceed authorized access of a protected computer.

A “protected computer” includes any computers used by financial institutions, the federal government, or used in interstate or foreign commerce. So pretty much any computer connected to the internet falls under this definition.

Penalties under federal law depend on the nature of the offense but can include:

• Up to 1 year in prison for basic unauthorized access
• Up to 5 years for further illegal acts, like computer trespassing
• Up to 10 years for computer hacking that causes major damage, involves sensitive information, or is done for financial gain
• Up to 20 years for hacking major government computers or databases

Other federal laws related to cybercrime include:

• The Identity Theft and Assumption Deterrence Act – prohibits identity theft using computers
• The CAN-SPAM Act – prohibits sending spam emails
• The Electronic Communications Privacy Act – prohibits unauthorized interception of electronic communications

What Constitutes Computer Hacking?

Under both state and federal law, computer hacking involves intentionally accessing a computer without authorization. This includes things like:

• Guessing or stealing someone’s password to access their accounts
• Exploiting security vulnerabilities to gain entry to a system
• Using malware, keyloggers, or hacking tools to infiltrate a network
• Accessing private databases, servers, or hard drives without permission

Simply logging into someone’s account because they left themselves signed in would not necessarily be considered hacking. There needs to be intent to access without authorization.

Other common hacking charges include:

• DoS/DDoS Attacks – Flooding sites or servers with traffic to take them offline
• Malware Distribution – Spreading viruses, spyware, ransomware, etc.
• Phishing/Social Engineering – Tricking users into revealing passwords or sensitive information
• Spamming – Unsolicited bulk emails, often used for scams or malware

Defenses Against Hacking Charges

Fighting computer hacking charges requires proving there was no criminal intent. Common defenses include:

• Authorization – You had permission to access the computer, network, or accounts
• No intent – The access was accidental or due to a mistake
• No damage – You didn’t disrupt services, steal anything, or cause harm
• Free speech – Your activities were protected First Amendment expressions
• Entrapment – You were induced by law enforcement to commit the crime

For example, security researchers often access systems to identify vulnerabilities. As long as they do so ethically, without stealing data or disrupting services, they can avoid hacking charges.

Skilled cybercrime defense attorneys can also challenge issues with evidence or investigative practices. Technicalities around digital evidence collection and computer forensics can sometimes lead to charges being dismissed.

Penalties for Conviction

If convicted of computer hacking, penalties can be severe. Under California law, misdemeanor convictions can result in:

• Up to 1 year in county jail
• Fines up to $5,000
• Informal probation
• Restitution to victims

Felony convictions can lead to:

• 16 months – 3 years in state prison
• Fines up to $10,000
• Formal probation lasting 3-5 years
• Restitution to victims

Under federal law, penalties can include:

• 1-10 years in federal prison
• Fines from $250,000 to $1,000,000
• 3 years supervised release
• Restitution to victims

Additional consequences can include impacts to immigration status for non-citizens or loss of civil liberties like voting rights and gun ownership.

Avoiding Charges

The best way to avoid computer hacking charges is to avoid any unauthorized computer access. Never access systems or accounts without permission, even if just snooping around. Hacking tools and malware should be avoided.

If charged with hacking crimes, immediately consult with a criminal defense attorney. An experienced lawyer can advise you of your rights and build the strongest defense. This is not something to handle alone.

Computer hacking laws are complex. But by understanding what constitutes illegal access and avoiding unauthorized activity, you can steer clear of prosecution.

 

Sources:

[1] California Penal Code Section 502(c)

[2] 18 U.S.C. § 1030

[3] California’s Computer Hacking Laws – What You Need to Know

[4] California’s Computer Hacking Laws – What You Need to Know

[5] Unauthorized Computer Access (Otherwise Known as Hacking)

[6] Computer Hacking Charges – 18 USC § 1030