Re: what to do with a script kiddie

[Valdis.Kletnieks () vt edu]

On Sun, 05 Jun 2005 14:19:19 CDT, "Stejerean, Cosmin" said:

> 2. I am not sure what the computer crime laws are in New Zealand but in the
> US unless you can prove $5000 of damages it doesn't even qualify as a crime,

I believe you're referencing 18 USC 1030 (5)(b)(i) (part of the Computer Fraud
and Abuse Act) for the US law.

Actually, the $5000 is *aggregate* damages across one or more computers - the
problem is that if you've got $200 in damages, the Feds aren't interested in
doing the legwork to aggregate another $4,800 from other sites in order to make
it something prosecutable.

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001030----000-.html

Note however that there are *other* clauses in there besides (5)(b)(i).

Also, even if the hacker hasn't run afoul of 18 USC 1030, there's *other*
statutes that probably apply as well.  Our AUP says:

"Offenders also may be prosecuted under laws including (but not limited to) the
Communications Act of 1934 (amended), the Family Educational Rights and Privacy
Act of 1974, the Computer Fraud and Abuse Act of 1986, The Computer Virus
Eradication Act of 1989, Interstate Transportation of Stolen Property, The
Virginia Computer Crimes Act, and the Electronic Communications Privacy Act."

Only one of those is a state/commonwealth law - and your jurisdiction probably
has its own variant by now...

IANAL and all that - in particular, you want to find out what *your* legal liability
is if you find evidence of a felony and fail to report it expeditiously.

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