Adequacy of Federal Sentencing Guideline Penalties for Computer Fraud and Vandalism Offenses (as directed by section 805 of Public Law 104-132). Report to the Congress

摘要

Congress has directed the Commission, pursuant to Section 805 of the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act), to review the deterrent effect of existing guidelines as they apply to computer crimes. The computer crimes set forth at 18 U.S.C. SC1030 (a)(4) and(5) prohibit unauthorized access of a federal government data base for the purpose of obtaining information to perpetrate a fraud (subsection (a)(4)) and the transmission of a program, information, code, or command to a computer system used in interstate commerce or communication for the purpose of damaging such a system or with reckless disregard for the possibility that such damage will occur (subsection (a)(5)).