Break on Through: An Analysis of Computer Damage Cases

Abstract

14 Pittsburgh Journal of Technology Law & Policy 158 (2014). This article is an extensive inquiry into computer damage cases based on the comprehensive study of over three hundred cases brought to courts in violation of 18 U.S.C. § 1030(a)(5). Based on an empirical categorization of the essential aspects of computer damage cases, the article analyzes the most relevant issues, interpretations, and arguments available for each computer damage category. These categories include fundamental facets, such as legal elements; motive and intent; results; profile of perpetrators; and means of perpetration, including, if applicable, the software involved.Part I concerns theoretical aspects and discusses the legal elements of computer damage offenses under the CFAA. Part II considers the practical aspects and discusses the essential features involved in the perpetration of these offenses and the profile of attackers. Finally, Part III provides a summary of findings and the implications of this study for stakeholders.This article makes two important contributions: a comprehensive analysis and a conceptual approach for this area. The findings will improve the investigation, prosecution and litigation of such cases in courts, help organizations in their process of identification and mitigation of risks, and stimulate more research in this area. Finally, although this article focused exclusively on one jurisdiction, the findings can be of interest to a wider, global context.