United States. Cybersecurity. Act

CFAAComputer Fraud and Abuse Act of 1986 (18 U.S.C. § 1030)

In force
Partly verifiedMedium confidence. Source read: Wikipedia only. Penalty levels not given in the source so left empty. Effective date not stated. In force date: the Act (Pub. L. 99-474, read in the Statutes at Large at congress.gov) contains no effective-date clause, and LII has no effective-date note for it, so the enactment date of 16 Oct 1986 is used by default. Penalties per 18 U.S.C. 1030(c) on LII range from 1 year to 20 years depending on the offence; civil action under 1030(g) must be filed within 2 years.

§1Summary

Synopsis

Criminalises unauthorised access to protected computers and creates a private civil right of action for people harmed. In Van Buren v. United States (2021) the Supreme Court held that 'exceeds authorized access' does not cover someone who uses information they were entitled to access for an improper purpose.

Key themes
  • unauthorised access
  • protected computers
  • civil action
  • hacking
Unique features

Both a criminal statute and a basis for private suits; the scope of 'authorized access' has been narrowed by the courts.

SaaS relevance

Basis for action against hacking and scraping of SaaS systems; informs security-research risk.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
Imprisonment from up to 1 year up to 20 years (or life where death results) depending on the offence; civil damages and equitable relief under 18 U.S.C. 1030(g)

§3Dates

Key dates
  • Adopted
  • In force
  • Pub. L. 99-474 signed 16 Oct 1986. Amended 1989, 1994, 1996, 2001 (USA PATRIOT Act), 2002 and 2008 (Identity Theft Enforcement and Restitution Act). Van Buren v. United States decided June 2021.

§4Text and authority

Text
Authority
US Department of Justice; federal courts

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Source read: Wikipedia only. Penalty levels not given in the source so left empty. Effective date not stated. In force date: the Act (Pub. L. 99-474, read in the Statutes at Large at congress.gov) contains no effective-date clause, and LII has no effective-date note for it, so the enactment date of 16 Oct 1986 is used by default. Penalties per 18 U.S.C. 1030(c) on LII range from 1 year to 20 years depending on the offence; civil action under 1030(g) must be filed within 2 years.