Cybersecurity by Denise Villarreal: Statutes

"Controlling the Assault of Non-Solicited Pornography and Marketing Act"
CAN-SPAM criminalized the sending of commercial emails containing deceptive subject headings or false origin information enabling the prosecution of spamming via email. It also created a new criminal offense under 18 USC 1037.

Implemented two World Intellectual Property Organization treaties signed in 1996.

This act criminalizes production and dissemination of technology designed to circumvent measures which control access to copyrighted works as well as criminalizing the act of circumventing such controls even if no infringement actually occurs subsequent to the circumvention. The act also increases penalties for internet copyright infringement.

Itself an amendment to the federal wiretap law, the ECPA has been amended frequently since 1986. At its essence it prohibits unauthorized interception of stored or transmitted electronic communications.

The CFAA of 1986 was written to clarify and increase the scope of prior computer fraud legislation enacted under the Comprehensive Crime Control Act of 1984. the CFAA also limited federal jurisdiction and criminalized more computer-related acts including: distribution of malicious code, denial of service attacks, and trafficking in passwords.

The CFAA has been amended in 1988, 1989, 1990, 1994, 1996, 2000, 2002, & 2008. It was also amended in 2001 by the USA PATRIOT Act and in 2008 by the Identity Theft Enforcement and Restitution Act.

1996 legislation to protect trade secrets by criminalizing the misappropriation of trade secrets that meet specific requirements.
Includes criminalizing:
* computerized burglary, such as theft of trade secrets
* receipt of trade secrets with knowledge that they were stolen
* conspiracy to steal or receive trade secrets
* attempt to steal or receive trade secrets
* duplication, alteration, destruction, transmission, delivery, mailing, communication, or conveyance (etc.) of trade secrets with knowledge that they were stolen

Addresses cyber terrorism.

Criminalizes computer related forgery and fraud.
Section A. Aggravated Identity Theft

Criminalizes access device fraud.

Criminalizes any acts that interfere with government communications systems.

Criminalize online child pornography.
* See also: 18 U.S.C. 2251 and 2252

Criminalizes Economic Espionage.

Criminalizes the disclosure of confidential information in certain circumstances.

Criminalizes use of a misleading domain name with the intent to deceive a person or a minor into viewing obscene or harmful material, respectively.

Criminalizes cyber-stalking.

Addresses unlawful interception of electronic communications.

Addresses unlawful access to stored communications.

Criminalizes electronic harassment.

Amends the Homeland Security Act of 2002 to establish the Cybersecurity Compliance Division and provide authorities to the Department of Homeland Security to enhance the security and resiliency of the Nation's cyber and physical infrastructure against terrorism and other cyber attacks, and for other purposes.