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search warrants for email, and deterring and preventing cyberterrorism. The
latter provision raises the maximum penalty for hackers that damage protected
computers (and eliminates minimums); states that hackers need only show
intent to cause damage, not a particular consequence or degree of damage;
provides for the aggregation of damage caused by a hacker’s entire course of
conduct; creates a new offense for damaging computers used for national
security and criminal justice; expands the definition of “protected computer” to
include computers in foreign countries; counts prior state convictions of
computer crime as “prior offenses”; and defines computer “loss.” In addition,
the guidance develops and supports cybersecurity forensic capabilities. 545
US federal criminal code related to computer crime includes the
following:
• 18 USC. 1029, Fraud and Related Activity in Connection with
Access Devices
• 18 USC. 1030, Fraud and Related Activity in Connection with
Computers
• 18 USC. 1362, Communicationlines, Stations, or Systems
• 18 USC. 2511, Interception and Disclosure of Wire, Oral, or
Electronic Communications Prohibited
• 18 USC. 2701, Unlawful Access to Stored Communications
• 18 USC. 2702, Disclosure of Contents
• 18 USC. 2703, Requirements for Governmental Access.
Formatted: Bulle
In peacetime, not only nation-states but the United Nations may have
some power in the computer area. For example, the UN Security Council
(UNSC) may have limited power to authorize computer actions by countries
electronically attacked by other nations. Chapter VII provides the UNSC with
the power to authorize the “use of coercive measures, including military force,
to maintain or restore international peace and security, where it determines a
threat to the peace exists, or a breach of the peace, or act of aggression has
occurred.” 546 A computer network attack (CNA) causing widespread damage,
economic disruption, and loss of life might precipitate such a response from the
UNSC. The intent of the offender and the consequences of the offending action
would be examined. The UN Charter’s Article 51 also includes the doctrines of
anticipatory self-defense and self-defense in neutral territory as reasons for
545 See http://www.cybercrime.gov/PatriotAct.htm.
546 LTC Jordan, “Information Operations,” Handout from the International and
Operational Law Department of the Judge Advocate General’s School, Charlottesville,
Virginia, p. 46.
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