Legal Question in Technology Law in Virginia

Re: unauthorized access to AOL email

More information would be appreciated,

including greater detail regarding the circumstances under which you were charged, and the exact federal criminal statutes under which you were prosecuted and convicted. (There's more to them than merely USC 1030 and 2701.)

Re: unauthorized access to AOL email

18 U.S.C. � 1030 is the main federal computer hacking criminal statute. It protects computers

in which there is a federal interest -- federal computers, bank computers, and computers

used in interstate and foreign commerce. It shields them from trespassing, threats,

damage, espionage; from being victimized by computer viruses, worms, Trojan horses,

time bombs, denial of service attacks, cyber crime, cyber terrorism and cyber attacks;

and from being corruptly used as instruments of fraud.

The seven paragraphs of subsection 1030(a) outlaw:

� computer trespassing in a government computer, 18 U.S.C. 1030(a)(3);

� computer trespassing resulting in exposure to certain governmental, credit,

financial, or commercial information, 18 U.S.C. 1030(a)(2);

� damaging a government computer, a bank computer, or a computer used in

interstate or foreign commerce, 18 U.S.C. 1030(a)(5);

� committing fraud an integral part of which involves unauthorized access to a

government computer, a bank computer, or a computer used in interstate or foreign

commerce, 18 U.S.C. 1030(a)(4);

� threatening to damage a government computer, a bank computer, or a

computer used in interstate or foreign commerce, 18 U.S.C. 1030(a)(7);

� trafficking in passwords for a government computer, a bank computer, or a

computer used in interstate or foreign commerce, 18 U.S.C. 1030(a)(6);

CRS-2

� accessing a computer to commit espionage, 18 U.S.C. 1030(a)(1).

Under 18 U.S.C. � 2701, it is illegal to intentionally gain access or exceed authorized access to a facility that provides an electronic communication service, such as an Internet provider that handles e-mail. The law spells out two main offenses:

� Accessing the service without authorization or exceeding authorization;

� Obtaining, altering, or preventing proper access to the service's stored communications

Minimum penalties include fines and prison sentences of six months. However, if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, prison sentences may range from one to two years.

So, there is something more that you are not explaining -- that is, to be convicted, there must be something more than "unauthorized access to email". . .

Sorry that I can't help,

Bambi

Re: unauthorized access to AOL email

While my firm does not do amicus briefs or federal appeals, I am curious to know, what were the circumstances? Why were you targeted? Were there other charges?