The term “cybercrime” covers a vast array of acts involving computers and other technologies. The difficulty in defining “cybercrime” can occasionally lead to prosecutions for activities that might not seem particularly criminal but that arguably fit within a statute’s definition of prohibited conduct. The federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, has been a subject of criticism as prosecutors use it in creative ways to pursue alleged cybercriminals. In one recent case, prosecutors charged a former newspaper employee under the CFAA for giving unauthorized access to newspaper servers. He was convicted and sentenced to two years in prison. United States v. Keys, No. 2:13-cr-00082, superseding indictment (E.D. Cal., Dec. 4, 2014). A federal appellate court in another case held that using someone else’s password to access certain computer systems violates the CFAA. United States v. Nosal, No. 14-10037, slip op. (9th Cir., Jul. 5, 2016).
Congress enacted the CFAA in 1986 as an amendment to the Comprehensive Crime Control Act of 1984. It has amended the law several more times, including in 2001 as part of the Patriot Act and most recently in 2008. The law covers a wide range of activities that center on unauthorized access to “protected computers,” defined very broadly as any computer used by a financial institution or the federal government, or used “in or affecting interstate or foreign commerce or communication.” 18 U.S.C. § 1030(e)(2).
The defendant in Key was a journalist and blogger for the Los Angeles Times. Prosecutors alleged that he helped members of the hacker group Anonymous gain access to the newspaper’s servers in late 2010. The hackers used this access to modify a news article posted to the Los Angeles Times’ website. The modified story was only up for about 40 minutes, and it was not clear if either the newspaper or its parent company suffered any financial loss.