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- ____________________________________________________________
-
- GUIDE TO (mostly) HARMLESS HACKING
-
- Computer Crime Law Issue #1
-
- By Peter Thiruselvam <pselvam@ix.netcom.com> and Carolyn Meinel
- ____________________________________________________________
-
- Tired of reading all those ôYou could go to jailö notes in these guides? Who
- says those things are crimes? Well, now you can get the first in a series of
- Guides to the gory details of exactly what laws weÆre trying to keep you
- from accidentally breaking, and who will bust you if you go ahead with the
- crime anyhow.
-
- This Guide covers the two most important US Federal computer crime statutes:
- 18 USC, Chapter 47, Section 1029, and Section 1030, known as the ôComputer
- Fraud and Abuse Act of 1986.ö
-
- Now these are not the *only* computer crime laws. ItÆs just that these are
- the two most important laws used in US Federal Courts to put computer
- criminals behind bars.
-
- COMPUTER CRIMES: HOW COMMON? HOW OFTEN ARE THEY REPORTED?
-
- The FBIÆs national Computer Crimes Squad estimates that between 85 and 97
- percent of computer intrusions are not even detected. In a recent test
- sponsored by the Department of Defense, the statistics were startling.
- Attempts were made to attack a total of 8932 systems participating in the
- test. 7860 of those systems were successfully penetrated. The management of
- only 390 of those 7860 systems detected the attacks, and only 19 of the
- managers reported the attacks (Richard Power, -Current and Future Danger: A
- CSI Primer on Computer Crime and Information Warfare_, Computer Security
- Institute, 1995.)
-
- The reason so few attacks were reported was ômainly because organizations
- frequently fear their employees, clients, and stockholders will lose faith
- in them if they admit that their computers have been attacked.ö Besides, of
- the computer crimes that *are* reported, few are ever solved.
-
- SO, ARE HACKERS A BIG CAUSE OF COMPUTER DISASTERS?
-
- According to the Computer Security Institute, these are the types of
- computer crime and other losses:
- ╖ Human errors - 55%
- ╖ Physical security problems - 20%(e.g., natural disasters, power problems)
- ╖ Insider attacks conducted for the purpose of profiting from computer crime
- - 10%
- ╖ Disgruntled employees seeking revenge - 9%
- ╖ Viruses - 4%
- ╖ Outsider attacks - 1-3%
-
- So when you consider that many of the outsider attacks come from
- professional computer criminals -- many of whom are employees of the
- competitors of the victims, hackers are responsible for almost no damage at
- all to computers.
-
- In fact, on the average, it has been our experience that hackers do far more
- good than harm.
-
- Yes, we are saying that the recreational hacker who just likes to play
- around with other peopleÆs computers is not the guy to be afraid of. ItÆs
- far more likely to be some guy in a suit who is an employee of his victim.
- But you would never know it from the media, would you?
-
- OVERVIEW OF US FEDERAL LAWS
-
- In general, a computer crime breaks federal laws when it falls into one of
- these categories:
-
- ╖ It involves the theft or compromise of national defense, foreign
- relations, atomic energy, or other restricted information.
- ╖ It involves a computer owned by a U.S. government department or agency.
- ╖ It involves a bank or most other types of financial institutions.
- ╖ It involves interstate or foreign communications.
- ╖ it involves people or computers in other states or countries.
-
- Of these offenses, the FBI ordinarily has jurisdiction over cases involving
- national security, terrorism, banking, and organized crime. The U.S. Secret
- Service has jurisdiction whenever the Treasury Department is victimized or
- whenever computers are attacked that are not under FBI or U.S. Secret
- Service jurisdiction (e.g., in cases of password or access code theft). In
- certain federal cases, the customs Department, the Commerce Department, or a
- military organization, such as the Air Force Office of Investigations, may
- have jurisdiction.
-
- In the United States, a number of federal laws protect against attacks on
- computers, misuse of passwords, electronic invasions of privacy, and other
- transgressions. The Computer Fraud and Abuse Act of 1986 is the main piece
- of legislation that governs most common computer crimes, although many
- other laws may be used to prosecute different types of computer crime. The
- act amended Title 18 United States Code º1030. It also complemented the
- Electronic Communications Privacy Act of 1986, which outlawed the
- unauthorized interception of digital communications and had just recently
- been passed. The Computer Abuse Amendments Act of 1994 expanded the 1986 Act
- to address the transmission of viruses and other harmful code.
-
- In addition to federal laws, most of the states have adopted their own
- computer crime laws. A number of countries outside the United States have
- also passed legislation defining and prohibiting computer crime.
-
- THE BIG NO NOÆS -- THE TWO MOST IMPORTANT FEDERAL CRIME LAWS
-
- As mentioned above, the two most important US federal computer crime laws
- are 18 USC: Chapter 47, Sections 1029 and 1030.
-
- SECTION 1029
-
- Section 1029 prohibits fraud and related activity that is made possible by
- counterfeit access devices such as PINs, credit cards, account numbers, and
- various types of electronic identifiers. The nine areas of criminal
- activity covered by Section 1029 are listed below. All *require* that the
- offense involved interstate or foreign commerce.
-
- 1. Producing, using, or trafficking in counterfeit access devices. (The
- offense must be committed knowingly and with intent to defraud.)
-
- Penalty: Fine of $50,000 or twice the value of the crime and/or up to 15
- years in prison, $100,000 and/or up to 20 years if repeat offense.
-
- 2. Using or obtaining unauthorized access devices to obtain anything of
- value totaling $1000 or more during a one-year period. (The offense must be
- committed knowingly and with intent to defraud.)
-
- Penalty: Fine of $10,000 or twice the value of the crime and/or up to 10
- years in prison, $100,000 and/or up to 20 years if repeat offense.
-
- 3. Possessing 15 or more counterfeit or unauthorized access devices. (The
- offense must be committed knowingly and with intent to defraud.)
-
- Penalty: Fine of $10,000 or twice the value of the crime and/or up to 10
- years in prison, $100,000 and/or up to 20 years if repeat offense.
-
- 4. Producing, trafficking in, or having device-making equipment. (The
- offense must be committed knowingly and with intent to defraud.)
-
- Penalty: Fine of $50,000 or twice the value of the of the crime and/or up
- to 15 years in prison, $1,000,000 and/or up to 20 years if repeat offense.
-
- 5. Effecting transactions with access devices issued to another person in
- order to receive payment or anything of value totaling $1000 or more during
- a one-year period. (The offense must be committed knowingly and with intent
- to defraud.)
-
- Penalty: Fine of 10, or twice the value of the crime and/or up to 10 years
- in prison, 100,000 and/or up to 20 years if repeat offense.
-
- 6. Soliciting a person for the purpose of offering an access device or
- selling information that can be used to obtain an access device. (The
- offense must be committed knowingly and with intent to defraud, and without
- the authorization of the issuer of the access device.)
-
- Penalty: Fine of $50,000 or twice the value of the crime and/or up to 15
- years in prison, $100,000 and/or up to 20 years if repeat offense.
-
- 7. Using, producing, trafficking in, or having a telecommunications
- instruments that has been modified or altered to obtain unauthorized use of
- telecommunications services. (The offense must be committed knowingly and
- with intent to defraud.)
-
- This would cover use of ôRed Boxes,ö ôBlue Boxesö (yes, they still work on
- some telephone networks) and cloned cell phones when the legitimate owner of
- the phone you have cloned has not agreed to it being cloned.
-
- Penalty: Fine of $50,000 or twice the value of the crime and/or up to 15
- years in prison, $100,000 and/or up to 20 years if repeat offense.
-
- 8. Using, producing, trafficking in, or having a scanning receiver or
- hardware or software used to alter or modify telecommunications instruments
- to obtain unauthorized access to telecommunications services.
-
- This outlaws the scanners that people so commonly use to snoop on cell phone
- calls. We just had a big scandal when the news media got a hold of an
- intercepted cell phone call from Speaker of the US House of Representatives
- Newt Gingrich.
-
- Penalty: Fine of $50,000 or twice the value of the crime and/or up to 15
- years in prison, $100,000 and/or up to 20 years if repeat offense.
-
- 9. Causing or arranging for a person to present, to a credit card system
- member or its agent for payment, records of transactions made by an access
- device.(The offense must be committed knowingly and with intent to defraud,
- and without the authorization of the credit card system member or its agent.
-
- Penalty: Fine of $10,000 or twice the value of the crime and/or up to 10
- years in prison, $100,000 and/or up to 20 years if repeat offense.
-
- SECTION 1030
-
- 18 USC, Chapter 47, Section 1030, enacted as part of the Computer Fraud and
- Abuse Act of 1986, prohibits unauthorized or fraudulent access to government
- computers, and establishes penalties for such access. This act is one of
- the few pieces of federal legislation solely concerned with computers.
- Under the Computer Fraud and Abuse Act, the U.S. Secret Service and the FBI
- explicitly have been given jurisdiction to investigate the offenses defined
- under this act.
-
- The six areas of criminal activity covered by Section 1030 are:
-
- 1. Acquiring national defense, foreign relations, or restricted atomic
- energy information with the intent or reason to believe that the information
- can be used to injure the United States or to the advantage of any foreign
- nation. (The offense must be committed knowingly by accessing a computer
- without authorization or exceeding authorized access.)
-
- 2. Obtaining information in a financial record of a financial institution
- or a card issuer, or information on a consumer in a file of a consumer
- reporting agency. (The offense must be committed intentionally by
- accessing a computer without authorization or exceeding authorized access.)
-
- Important note: recently on the dc-stuff hackersÆ list a fellow whose name
- we shall not repeat claimed to have ôhacked TRWö to get a report on someone
- which he posted to the list. We hope this fellow was lying and simply paid
- the fee to purchase the report.
-
- Penalty: Fine and/or up to 1 year in prison, up to 10 years if repeat offense.
-
- 3. Affecting a computer exclusively for the use of a U.S. government
- department or agency or, if it is not exclusive, one used for the government
- where the offense adversely affects the use of the governmentÆs operation of
- the computer. (The offense must be committed intentionally by accessing a
- computer without authorization.)
-
- This could apply to syn flood and killer ping as well as other denial of
- service attacks, as well as breaking into a computer and messing around.
- Please remember to tiptoe around computers with .mil or .gov domain names!
-
- Penalty: Fine and/or up to 1 year in prison, up to 10 years if repeat offense.
-
- 4. Furthering a fraud by accessing a federal interest computer and
- obtaining anything of value, unless the fraud and the thing obtained
- consists only of the use of the computer. (The offense must be committed
- knowingly, with intent to defraud, and without authorization or exceeding
- authorization.)[The governmentÆs view of ôfederal interest computerö is
- defined below]
-
- Watch out! Even if you download copies of programs just to study them, this
- law means if the owner of the program says, ôYeah, IÆd say itÆs worth a
- million dollars,ö youÆre in deep trouble.
-
- Penalty: Fine and/or up to 5 years in prison, up to 10 years if repeat offense.
-
- 5. Through use of a computer used in interstate commerce, knowingly
- causing the transmission of a program, information, code, or command to a
- computer system. There are two separate scenarios:
-
- a. In this scenario, (I) the person causing the transmission intends
- it to damage the computer or deny use to it; and (ii) the transmission
- occurs without the authorization of the computer owners or operators, and
- causes $1000 or more in loss or damage, or modifies or impairs, or
- potentially modifies or impairs, a medical treatment or examination.
-
- The most common way someone gets into trouble with this part of the law is
- when trying to cover tracks after breaking into a computer. While editing
- or, worse yet, erasing various files, the intruder may accidentally erase
- something important. Or some command he or she gives may accidentally mess
- things up. Yeah, just try to prove it was an accident. Just ask any systems
- administrator about giving commands as root. Even when you know a computer
- like the back of your hand it is too easy to mess up.
-
- A simple email bomb attack, ôkiller ping,ö flood ping, syn flood, and those
- huge numbers of Windows NT exploits where sending simple commands to many of
- its ports causes a crash could also break this law. So even if you are a
- newbie hacker, some of the simplest exploits can land you in deep crap!
-
- Penalty with intent to harm: Fine and/or up to 5 years in prison, up to 10
- years if repeat offense.
-
- b. In this scenario, (I) the person causing the transmission does not
- intend the damage but operates with reckless disregard of the risk that the
- transmission will cause damage to the computer owners or operators, and
- causes $1000 or more in loss or damage, or modifies or impairs, or
- potentially modifies or impairs, a medical treatment or examination.
-
- This means that even if you can prove you harmed the computer by accident,
- you still may go to prison.
-
- Penalty for acting with reckless disregard: Fine and/or up to 1 year in prison.
-
- 6. Furthering a fraud by trafficking in passwords or similar information
- which will allow a computer to be accessed without authorization, if the
- trafficking affects interstate or foreign commerce or if the computer
- affected is used by or for the government. (The offense must be committed
- knowingly and with intent to defraud.)
-
- A common way to break this part of the law comes from the desire to boast.
- When one hacker finds a way to slip into another personÆs computer, it can
- be really tempting to give out a password to someone else. Pretty soon
- dozens of clueless newbies are carelessly messing around the victim
- computer. They also boast. Before you know it you are in deep crud.
-
- Penalty: Fine and/or up to 1 year in prison, up to 10 years if repeat offense.
-
- Re: #4 Section 1030 defines a federal interest computer as follows:
-
- 1. A computer that is exclusively for use of a financial
- institution[defined below] or the U.S. government or, if it is not
- exclusive, one used for a financial institution or the U.S. government where
- the offense adversely affects the use of the financial institutionÆs or
- governmentÆs operation of the computer; or
-
- 2. A computer that is one of two or more computers used to commit the
- offense, not all of which are located in the same state.
-
- This section defines a financial institution as follows:
-
- 1. An institution with deposits insured by the Federal Deposit Insurance
- Corporation(FDIC).
-
- 2. The Federal Reserve or a member of the Federal Reserve, including any
- Federal Reserve Bank.
-
- 3. A credit union with accounts insured by the National Credit Union
- Administration.
-
- 4. A member of the federal home loan bank system and any home loan bank.
-
- 5. Any institution of the Farm Credit system under the Farm Credit Act of 1971.
-
- 6. A broker-dealer registered with the Securities and Exchange
- Commission(SEC) within the rules of section 15 of the SEC Act of 1934.
-
- 7. The Securities Investors Protection Corporation.
-
- 8. A branch or agency of a foreign bank (as defined in the International
- Banking Act of 1978).
-
- 9. An organization operating under section 25 or 25(a) of the Federal
- Reserve Act.
-
- WHOÆS IN CHARGE OF BUSTING THE CRACKER WHO GETS A BIT FROGGY REGARDING
- SECTION 1030?
-
- (FBI stands for Federal Bureau of Investigation, USSS for US Secret Service)
-
- Section of Law Type of Information Jurisdiction
-
- 1030(a)(1) National Security FBI USSS JOINT
-
- National defense X
- 1030(a)(2) Foreign relations X
- Restricted atomic energy X
-
- 1030(a)(2) Financial or consumer
-
- Financial records of X
- banks, other financial
- institutions
- Financial records of
- card issuers X
- Information on consumers
- in files of a consumer
- reporting agency X
- Non-bank financial
- institutions X
-
- 1030(a)(3) Government computers
- National defense X
- Foreign relations X
- Restricted data X
- White House X
- All other government
- computers X
-
- 1030(a)(4) Federal interest computers:
- Intent to defraud X
-
- 1030(a)(5)(A) Transmission of programs, commands:
- Intent to damage or deny use X
-
- 1030(a)(5)(B) Transmission off programs, commands: Reckless disregard X
-
- 1030 (a)(6) Trafficking in passwords:
- Interstate or foreign commerce X
- Computers used by or for
- the government X
-
-
- Regarding 1030 (a)(2): The FBI has jurisdiction over bank fraud violations,
- which include categories (1) through (5) in the list of financial
- institutions defined above. The Secret Service and FBI share joint
- jurisdiction over non-bank financial institutions defined in categories (6)
- and (7) in the list of financial institutions defined above.
-
- Regarding 1030(a)(3) Government Computers: The FBI is the primary
- investigative agency for violations of this section when it involves
- national defense. Information pertaining to foreign relations, and other
- restricted data. Unauthorized access to other information in government
- computers falls under the primary jurisdiction of the Secret Service.
-
- MORAL: CONFUCIUS SAY: ôCRACKER WHO GETS BUSTED DOING ONE OF THESE CRIMES,
- WILL SPEND LONG TIME IN JAILHOUSE SOUP.ö
-
- This information was swiped from _Computer Crime: A CrimefighterÆs
- Handbook_ (Icove, Seger & VonStorch. OÆReilly & Associates, Inc.)
- _________________________________________________________
- Want to see back issues of Guide to (mostly) Harmless Hacking? See either
- http://www.tacd.com/zines/gtmhh/ or
- http://ra.nilenet.com/~mjl/hacks/codez.htm. Or get complete archives of our
- Happy Hacker list digests at http://www.infowar.com under the ôHackersö forum.
- Subscribe to our email list by emailing to hacker@techbroker.com with
- message "subscribe".
- Want to share some kewl stuph with the Happy Hacker list? Correct mistakes?
- Send your messages to hacker@techbroker.com. To send me confidential email
- (please, no discussions of illegal activities) use cmeinel@techbroker.com
- and be sure to state in your message that you want me to keep this
- confidential. If you wish your message posted anonymously, please say so!
- Please direct flames to dev/null@techbroker.com. Happy hacking!
- Copyright 1997 Carolyn P. Meinel. You may forward or post on your Web site
- this GUIDE TO (mostly) HARMLESS HACKING as long as you leave this notice at
- the end..
- ________________________________________________________
- Carolyn Meinel
- M/B Research -- The Technology Brokers
-
-
-