1. Laws Against Computer Hacking
By Doug Lee

2. Overview The term Hacking Good example of a hacker
Computer Fraud and Abuse Act of 1986
Digital Millennium Copyright Act of 1998
Exemptions from the Law

3. The term “Hacking” Typing? Or Criminal Activity?
“In the past decade, however, "hacker" has come to describe those people with a hands-on interest in computer security and circumventing such security. “

4. Kevin Mitnick a.k.a Condor
FBI’s number one most wanted
Nickname “The Lost Boy of Cyberspace”
Captured February 1995
25 counts of federal computer and wire fraud

5. The Computer Fraud and Abuse Act of 1986
Why signed into law?
Three offenses
Misdemeanor trafficking in computer passwords
Felony unauthorized access in federal interest computers
Felony “malicious damage”

6. Federal interest Computer
Defintion of Federal Interest 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 such use, or which is one of two or more computers used in committing the offense, not all of which are located in the same State.“
Examples: Banks, Federal Reserve, Depart of Defense etc…..

7. Felonies Unauthorized Access with intention to commit fraudulent theft
Address "malicious damage”
Victim loss of $1000 or more
Except medical cases
Five years for first felony
Ten years for the second felony

8. Misdemeanor Intent to commit fraud affecting interstate commerce
computer passwords are revealed
Message boards
Disposes passwords to another person

9. Examples Herbert Zin a.k.a “shadowhawk” Robert Morris First violator
Broke into AT&T, Department of Defense
Sentenced nine months and $10,000 fine
Robert Morris
Launched worm virus
Three years probation, 400 hours community service, $10,000

10. Digital Millennium Copyright Act of 1998
Signed on October 28,1998 by
President Clinton
Divides into Five Titles
WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998
Online Copyright Infringement Liability Limitation Act
Computer Maintenance Competition Assurance Act
Miscellaneous Provisions
Vessel Hall Design Protection Act

11. Security Testing
security testing means “ accessing a computer, computer system, or computer network, solely for the purpose of good faith testing, investigating, or correcting, a security flaw or vulnerability, with the authorization of the owner or operator of such computer, computer system, or computer network”
Security testing
Information used
To promote the security
Does not infringe the violation of privacy or breach of security
Vulnerabilities must be told to developer
Ex. HP threatens to sue researchers Tru64 operating system

12. Encryption Research
the term `encryption research' means activities necessary to identify and analyze flaws and vulnerabilities of encryption technologies applied to copyrighted works
exemptions
Act of good faith to get authorization
Information obtained
Used to advance the state of knowledge or development of encryption technology
legitimate course of study, employment or training
Ex. Dmitry Sklyarov

13. Computer Maintenance Competition Assurance Act
Allows a person to make a copy
Only for maintenance purposes
After fixed, must be destroyed

14. Online Copyright Infringement Liability Limitation Act
Transitory Communications
System Caching
Storage of Information on Systems or networks at the direction of users
Information Location Tools

15. Other uses of the DMCA
restricts code that "is primarily designed or produced for the purpose of circumventing protection" of copyrighted works
crime to circumvent anti-piracy measures built in software
Outlaws code-cracking devices

16. Conclusions Are the laws too broad in Computing? Need more provisions?
Security testing
Researching
Do the laws really help prevent hacking?
Reasons for hacking
Theft of services e.g. America online
Take valuable files e.g. credit card numbers
Vengence or hate
Thrill and Excitement
Recognition

17. Recognition
“All the hackers out there figure if they can hack Kevin Mitnick's site, they're the king of the hill.” -- Kevin Mitnick