What are Cybercrimes and How are They Classified?
Cybercrimes, or crimes using computers, are computer-assisted crimes or attacks against computers. When most people think of cybercrimes, the first thing that pops into their mind is “hacking”. Hacking may be the most popular form of cybercrime, but it is not the only one.
Cybercrimes can be broken down into three main categories:
- Crimes against people and organizations
- Crimes against property
- Crimes against the government
These three categories can be further divided into seven subcategories. These include:
- Financial fraud crimes
- Cyberterrorism
- Cyberextortion
- Cyberwarfare
- Online harassment (stalking)
- Obscene or offensive content
- Cyber trafficking
Cybercrimes against individuals generally are those that infringe upon an individual’s personal rights causing the victim harm or loss. This includes crimes like stalking or harassment, identity theft, distribution of child pornography, credit card fraud, spoofing, and human trafficking.
Cybercrimes against property are those in which the target is not a person but a computer. Hacking is an example of a property crime. It is considered a form of digital trespassing. Also, DDoS attacks, virus transmission, cyber-squatting, computer vandalism, and violations of intellectual property rights are all considered property crimes.
Cybercrimes against the government are crimes committed directly against the government. Not too complicated. Common forms of cybercrimes against the government include gathering confidential information, cyber warfare, cyberterrorism, and distributing propaganda. Punishment for such crimes is generally quite harsh since they are considered crimes against U.S. sovereignty.
Cybercrimes and federal law
The majority of those charged by the federal government for computer crimes are charged under the Computer Fraud and Abuse Act of 1986 (CFAA) which can be found in 18 U.S.C. § 1030. The Act criminalizes a wide range of computer-related actions. These include:
- Hacking (computer trespassing)
- Damaging a government computer, bank computer, or any computer used in or affecting interstate commerce
- Using a computer to commit fraud when the computer belongs to the government, a bank, or is used in, or affects interstate commerce
- Threatening to damage a government computer, bank computer, or computer used in or affecting interstate commerce
- Trafficking in passwords for a government computer or when the trafficking affects interstate or foreign commerce
- Accessing a computer to commit espionage
The CFAA forbids unauthorized access, use, or distribution of any information:
- Related to national security
- Financial records belonging to financial institutions, including credit card companies
- Any information belonging to any U.S. department or agency
- Related to foreign or interstate commerce or communication
Those charged under the CFAA face an uphill battle. Many of the terms used under the CFAA have been interpreted by the courts in an overly broad manner. For example, the CFAA’s use of the term “protected computer” is generally interpreted as “any computer hooked up to the internet.” In addition, “without authorization” has been interpreted by the federal courts very broadly to include activities that exceed the user’s authorization or any improper purpose. This has led to criticism that the law is overly broad in application.
Contact a Tampa, FL Cybercrimes Defense Lawyer Today
The Matassini Law Firm represents the interests of those charged under CFAA or Florida statutes for crimes such as hacking, stalking, cyberextortion, and more. Call our Tampa criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
