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State of the Practice of Computer Security Incident Response Teams ...

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3.9.2 United <strong>State</strong>s Cyber Crime Laws<br />

In <strong>the</strong> United <strong>State</strong>s, <strong>the</strong> <strong>Computer</strong> Fraud and Abuse Act (18 U.S.C. 1030 140 ) has been one <strong>of</strong><br />

<strong>the</strong> primary legal instruments for fighting computer intrusions. In addition to <strong>the</strong> <strong>of</strong>fenses<br />

outlined in Section 1030, dealing with unauthorized access to computers, o<strong>the</strong>r sections <strong>of</strong><br />

Title 18 <strong>of</strong> <strong>the</strong> United <strong>State</strong>s Code describe o<strong>the</strong>r federal <strong>of</strong>fences related to activity in connection<br />

with access devices, destruction and denial <strong>of</strong> service, and unlawful access to transmitted<br />

or stored communications. The U.S. Department <strong>of</strong> Justice, <strong>Computer</strong> Crime and Intellectual<br />

Property Section (CCIPS), has created a web site to provide information about<br />

computer crime and intellectual property crime laws, policies, cases, and o<strong>the</strong>r documents.<br />

(See list <strong>of</strong> laws and URLs in Appendix D.)<br />

At <strong>the</strong> state level, individual states have also created <strong>the</strong>ir own legislation addressing computer<br />

crime activity within <strong>the</strong>ir jurisdictions. Most state laws are available online, and a<br />

number <strong>of</strong> sites that provide links to state computer crime laws are included in Appendix D.<br />

In addition to <strong>the</strong> above federal and state statutory laws, some industries or sectors may also<br />

be subject to additional federal regulations or special requirements that relate to information<br />

security, data protection, and privacy issues in <strong>the</strong>ir particular industry or sector. For example,<br />

in <strong>the</strong> United <strong>State</strong>s, health insurance and health care providers and <strong>the</strong> financial services industry<br />

(including banks and insurance companies) are required to protect consumer data and<br />

establish safeguards to protect <strong>the</strong> privacy and disclosure <strong>of</strong> nonpublic personal information,<br />

as outlined in <strong>the</strong> Health Insurance Portability and Accountability Act) (HIPAA) 141 and <strong>the</strong><br />

Gramm-Leach-Bliley Act, 142 respectively. And U.S. federal government agencies are responsible<br />

for ensuring <strong>the</strong> information security <strong>of</strong> <strong>the</strong>ir systems, including performing annual independent<br />

evaluations, as outlined by <strong>the</strong> Federal Information <strong>Security</strong> Management Act<br />

(part <strong>of</strong> <strong>the</strong> E-Government Act <strong>of</strong> 2002). 143 Under FISMA, all U.S. federal agencies are also<br />

required to establish an incident response capability and procedures for detecting, reporting,<br />

and responding to security incidents.<br />

3.10 Current Projects<br />

140<br />

141<br />

142<br />

143<br />

Throughout <strong>the</strong> CSIRT and computer security community many interesting projects are being<br />

organized that may be <strong>of</strong> benefit to o<strong>the</strong>r CSIRTs. This benefit may range from <strong>the</strong> introduc-<br />

Search <strong>the</strong> United <strong>State</strong>s Code for a specific section at .<br />

<br />

<br />

<br />

118 CMU/SEI-2003-TR-001

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