Penalties for Computer Hacking
"Hacking" means different things to different people. One of the common definitions involves breaking into others' computers without authorization. This activity is illegal under the Computer Fraud and Abuse Act in the U.S., and various other laws in other countries. The penalties for computer hacking, by themselves, are fairly light. However, this may change in the future as the stakes become higher.
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Initial Law
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The Computer Fraud and Abuse Act was passed in 1986 to reduce the incidence of illegal hacking activities. It governs situations that involve computers that engage in interstate commerce or belong to the federal government. The maximum penalty for computer hacking is 20 years, although the exact sentence depends on the seriousness of the hack, the amount of damage that results and whether or not the hack was made for commercial profit. No sentence under the Computer Fraud and Abuse Act has resulted in more than five years of jail time.
Adjustments to the Law
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The Computer Fraud and Abuse Act was amended in 2002 by the Patriot Act, and in 2008 by the Identity Theft Enforcement and Restitution Act. The latter punishes the act of conspiring to commit a computer-related offense in addition to actually committing or attempting to commit one. The amendment also outlines details for determining the appropriate sentence for someone who commits hacking offenses, taking into consideration factors such as the level of sophistication of the offense and whether the hacks violated privacy.
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The Law in Practice
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So far, convictions under the Computer Fraud and Abuse Act have generally resulted in light prison sentences or probation. The first conviction under the act saw the defendant -- Robert Tappan Morris, the inventor of the Internet "worm" -- sentenced to three years of probation, 400 hours of community service, a fine of $10,050 and the cost of his supervision. The longest prison term associated with computer hacking is five years, in the case of Jeanson James Ancheta. Ancheta pled guilty to four felony counts that arose from his infection of hundreds of computers with a virus that turned them into a zombie network, or "botnet," which he then rented out to criminals.
The Future of Hacking Laws
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The case of Bradley Manning, who transferred data illegally but did not break into a computer system, raises some question as to the definition of "hacking" and "illegal access." This case may potentially make penalties in the future more severe, especially with respect to government or military-owned computers.
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References
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