Introduction:
1、Hacking Laws and Punishments

2、Reporting Computer, Internet-related, Or Intellectual Property Crime
Hacking Laws and Punishments ♂
There are several types of computer crimes. Some of the most high-profile examples involve hacking. As?cybercrime?has become more common,?hackers?have affected everything from?economics?to?politics.
But not every act of hacking rises to the level of a crime. Because of the varying degrees of hacking and its increasing prevalence in modern society, it's important to understand when hacking becomes a crime.
This article contains information about hacking laws and punishments. It also discusses remedies for hacking victims.
Hacking is broadly defined as the act of breaking into a computer system. Hacking may lead to?criminal charges?when a hacker accesses someone else's computer system without?consent.
For example, a hacker may use a?phishing scam?to install?malware?on a computer network. They may also install computer programs, allowing them to commit?identity theft?or steal confidential information.
Several federal laws address hacking. Computer hacking laws include the following:
The Computer Fraud and Abuse Act?(CFAA) (18 U.S.C. § 1030)
The Stored Communications Act?(SCA)
The Electronic Communications Privacy Act?(ECPA)
These laws, described below, prohibit hacking into a protected computer. A?protected computer?refers to the following:
A government computer
A financial institution's computer
Any computer used in?interstate commerce?or communications
Any computer used in foreign commerce or communications
Practically speaking, any computer connected to the internet is a protected computer.
Hacking a protected computer is a federal crime. So, the federal government, through its federal?prosecutors, may bring charges against hackers. Depending on the computer hacking charges, it may result in a?felony?or?misdemeanor.
Hacking is not always a crime. In?ethical hacking, a hacker is legally permitted to exploit security networks. In other words, the hacker has the appropriate consent or authorization to hack into a system. With such approval, a hacker may legally penetrate a business' firewall to access private servers and cloud storage systems.
They may have such permission from a law enforcement agency or a court?order. The government can charge a hacker if they lack consent or any lawful authorization to enter another's computer system.
The?Computer Fraud and Abuse Act?(CFAA) is the leading federal anti-hacking legislation. It prohibits unauthorized computer access.
The chart below provides select examples of violations of the?CFAA and its penalties.
Offense
Penalties (Prison Sentence)
Obtaining National Security Information
First conviction: Up to 10 years
Second conviction: Up to 20 years
Accessing a Computer to Defraud and Obtain Value
First conviction: Up to five years
Second conviction: Up to 10 years
Accessing a Computer and Obtaining Information
First conviction: Up to one year
Intentionally Damaging by Knowing Transmission
Extortion?Involving Computers
Trafficking in Passwords
The CFAA's penalties are mostly punishments for?criminal violations. The 1994 amendment, however, expanded the Act. It now includes causes of action for?civil suits?and criminal prosecutions.
Civil violations include the following:
Obtaining information from a computer through unauthorized access
Trafficking a computer password that one can use to access a computer
Transmitting spam
Damaging computer data
Civil cases do not result in prison time. Instead, examples of civil remedies include the following:
Injunctive?relief
Seizure of property
Impounding?stolen information and the electronic devices used to carry out the invasion
Read FindLaw's article,?The Differences Between a Criminal and Civil Case, for more information about remedies.
The CFAA is not the only federal law protecting your digital information. This section describes other important federal laws regarding hacking and digital privacy.
The?ECPA?forbids intentional interception of electronic communications in transit. It primarily acts as?a restriction on wiretaps?and the interception of signals. This type of data is also known as "data-in-transit." It refers to data while it is in transit to its destination.
Examples of data in motion include the following:
Emails
Text messages
Phone calls
Data while it's being uploaded from a cell phone to cloud storage
Data transfers between a hard drive and a computer
The ECPA has three titles:
Title I prohibits?wiretaps?(with some exceptions). It also prohibits the government from introducing?illegally obtained communications?as evidence in a criminal case.
Title II is known as the Stored Communications Act, described below.
Title III requires the government to obtain authorization to install certain surveillance technology, such as trap and trace devices and?pen registers.
For more information about government surveillance, read?FindLaw's article on wiretapping.
The?SCA?protects stored electronic communications and data or "data-at-rest."
The SCA has roots in the Fourth Amendment to the?U.S. Constitution. The?Fourth Amendment?protects people from?unreasonable governmental searches and seizures. If someone has a?reasonable expectation of privacy?in their property, the government typically must obtain a?warrant?to search it.
One exception to the Fourth Amendment is the?third-party doctrine. Under this doctrine, if someone shares private information with a?third party, Fourth Amendment protection ends. So, the government typically does not need a search warrant.
Congress passed the SCA in response to advancing technology that the Fourth Amendment did not foresee. For example, suppose you send someone a text message. Generally, a service provider stores the text message in a database. This service provider is a third party; the text is shared with them even though they didn't send or receive it. So, per the third-party doctrine, you don't have a reasonable expectation in the message.
The SCA applies to service providers that store data and electronic information. It relates to both government and private access to such information. It also generally prevents service providers from releasing such information.
The SCA provides criminal penalties for anyone who commits the following acts:
Intentionally accesses a facility that provides services for electronic communications without authorization; or
Intentionally exceeds a level of authorization to access such a facility and obtains or alters data or prevents another's authorized access to such data or communications
Examples of "data-at-rest" include the following:
Emails stored in a database
Text messages stored in a database
Instant messages stored in a database
Data in cloud storage
Data on a hard drive
This statute criminalizes the following acts, among others:
Unauthorized access to stored company emails by employees who exceed the scope of their privilege
The use of stolen passwords to access stored data
Similar breaches of stored data
There is some overlap between the SCA and the CFAA. So, the government may sometimes charge hackers under both statutes.
Although much focus is on federal laws, states have also enacted hacking laws.
While?every state has computer crime laws, some states address hacking more specifically. States do so with laws prohibiting unauthorized access, computer trespass, and the use of viruses and malware.
For example, approximately half of the states in the country have laws that target the use of?denial of service (DoS) attacks. In this form of hacking, an intruder floods the system or servers with traffic, denying access to legitimate users.
Ransomware is a type of malware secretly installed on a victim's computer. It denies the victim access to their computer unless they pay a ransom. Several states, including?California, have laws that specifically criminalize ransomware.
Laws at both the federal and state levels provide protections concerning hacking crimes. Contact a?criminal defense attorney?if the government has charged you with a hacking offense. An experienced criminal lawyer can provide you with information about the following:
Your?state's laws?regarding hacking crimes
Crimes related to hacking, such as?wire fraud, credit card fraud, and related crimes
General information about?criminal law?and?sentencing guidelines
Specific legal strategies regarding pending hacking cases
Reporting Computer, Internet-related, Or Intellectual Property Crime ♂
The primary federal law enforcement agencies that investigate domestic crime on the Internet include: the Federal Bureau of Investigation (FBI), the United States Secret Service, the United States Immigration and Customs Enforcement (ICE) , the United States Postal Inspection Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) . Each of these agencies has offices conveniently located in every state to which crimes may be reported. Contact information regarding these local offices may be found in local telephone directories. In general, federal crime may be reported to the local office of an appropriate law enforcement agency by a telephone call and by requesting the "Duty Complaint Agent.
Each law enforcement agency also has a headquarters (HQ) in Washington, D.C., which has agents who specialize in particular areas. For example, the FBI and the U.S. Secret Service both have headquarters-based specialists in computer intrusion (i.e., computer hacker) cases.
To determine some of the federal investigative law enforcement agencies that may be appropriate for reporting certain kinds of crime, please refer to the following table:
Type of Crime
Appropriate federal investigative law enforcement agencies
Computer intrusion (i.e. hacking)
FBI local office
U.S. Secret Service
Internet Crime Complaint Center
Password trafficking
Counterfeiting of currency
Child Pornography or Exploitation
if imported, U.S. Immigration and Customs Enforcement
Child Exploitation and Internet Fraud matters that have a mail nexus
U.S. Postal Inspection Service
Internet fraud and SPAM
Federal Trade Commission (online complaint)
if securities fraud or investment-related SPAM e-mails, Securities and Exchange Commission (online complaint)
Internet harassment
Internet bomb threats
ATF local office
Trafficking in explosive or incendiary devices or firearms over the Internet
Other Cybercrime Reporting Resources
The Internet Crime Complaint Center (IC3)
The mission of the Internet Crime Complaint Center is to provide the public with a reliable and convenient reporting mechanism to submit information to the Federal Bureau of Investigation concerning suspected Internet-facilitated criminal activity and to develop effective alliances with law enforcement and industry partners. Information is analyzed and disseminated for investigative and intelligence purposes to law enforcement and for public awareness.
Related questions
It's important to clarify that hiring a hacker for unauthorized activities is illegal and unethical, and I cannot assist with or promote such actions. Engaging in hacking violates cybersecurity laws in India (and globally), including the Information Technology Act, 2000, and can result in severe penalties, including fines and imprisonment.
If You Need Legal Assistance:
- Certified Ethical Hackers (CEH): For legitimate cybersecurity needs (e.g., penetration testing, securing systems), hire professionals certified by organizations like EC-Council. Platforms like Upwork or LinkedIn can connect you with verified experts.
- Cybersecurity Firms: Reputable companies like Quick Heal, Lucideus, or Paladion offer legal security services.
- Recovering Accounts: Contact official support channels (e.g., Gmail, Facebook) if you’ve lost access to an account.
- Law Enforcement: Report cybercrimes to the Indian Cyber Crime Coordination Centre (I4C) via cybercrime.gov.in.
Risks of Hiring "Cheap Hackers":
- Scams: Many fraudsters take payment and disappear.
- Blackmail: Hackers might steal your data or demand more money.
- Legal Consequences: You could face prosecution for involvement in illegal activities.
Always prioritize legal and ethical solutions to protect yourself and others. If you have specific concerns (e.g., cybersecurity, data recovery), seek advice from licensed professionals.

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