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Cyber Crimes

Seattle, Washington Cyber Crimes Defense Attorney

Computers are frequently used in the commission of crimes. For example, child pornography may be downloaded from the internet using a computer. Or, emails may be sent from a computer as part of a scheme to defraud, stalk, or intimidate someone. There are also crimes that involve
attacks upon computer systems and the data contained in them. Federal as well as state statutes prohibit this latter group of cyber crimes.

Under federal law, the Computer Fraud and Abuse Act (CFAA), found at 18 U.S.C. § 1030, addresses the problem of breaking into computers and computer systems. As defined by the Act, a “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device. A “protected computer” means a computer exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or
for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.

The CFA makes it a crime to:

• knowingly access a computer without authorization, or by exceeding authorized access, thereby obtaining what amounts to national security information;
• intentionally access a computer without authorization, or by exceeding authorized access, thereby obtaining
  • information contained in a financial record of a financial institution or of a credit card issuer, or contained in a consumer’s file at a consumer reporting agency;
  • information from any department or agency of the United States;
  • or information from any protected computer;
• intentionally and without authorization, access any nonpublic U.S. government computer that is exclusively for the use of the government, or, in the case of a computer not exclusively for such use, that is used by or for the government, and such conduct affects that use by or for the government;
• knowingly and with intent to defraud, access a protected computer without authorization, or by exceeding authorized access, thereby obtaining anything of value;
• knowingly and with intent to fraudulently obtain use of a protected computer, access a protected computer without authorization, or by exceeding authorized access, obtaining use of the computer, and the value of such use is not more than $5,000 in any 1-year period;
• knowingly cause the transmission of a program, information, code, or command that intentionally and without authorization causes damage to a protected computer;
• intentionally access a protected computer without authorization, thereby recklessly causing damage;
• intentionally access a protected computer without authorization, thereby causing damage and loss;
• knowingly and with intent to defraud, traffic in any password or similar information through which a computer may be accessed, if
  • such trafficking affects interstate or foreign commerce; or
  • such computer is used by or for the Government of the United States; or
• transmit in interstate or foreign commerce, with intent to extort from any person any money or other thing of value, any communication containing any
  • threat to cause damage to a protected computer;
  • threat to obtain information from a protected computer without authorization or in excess of authorization, or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or
  • demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion.

Under Washington law, found at RCW 9A.52.110, a person is guilty of the class C felony of computer trespass in the first degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another; and the access is made with the intent to commit another crime; or the violation involves a computer or database maintained by a government agency.

In Washington, under RCW 9A.52.120, a person commits the gross misdemeanor of computer trespass in the second degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another under circumstances not constituting the offense in the first degree.