IS Management, Law & Ethics
Name of Client
K-LiWin Consulting Company.
Title of Law
Computer fraud and Abuse Act, P.L 99-474, 18 U.S. Code 1030.
The act prohibits any intentional and unauthorized access to computers, computerized gadgets and machines for various purposes as well as computer-related acts.
Information Security Implication
The law is clear in prohibiting of unauthorized access to computers in order to obtain national security data as well as financial data, communication and transmission data belonging to the government. Governmental departments are covered within the provisions together with agency data. In addition, federal jurisdiction is compelled to the cases limited by federal interests. The fraudulent means of obtaining valuable information, from interstate sources and foreign communication is also prohibited. It covers financial institutions and the location of the particular crime. Criminalization is extended towards distribution of all malicious code as well as the denial of interstate, governmental or independent service attacks. The extension from congress covers the criminalization of trafficking in passwords along with similar computer-related items.
The computers covered in the act belong to the federal government of the United States and financial institutions. The constituting conduct covers offenses in use by the government or respective financial institution. Other computers covered by the act are those from interstate and those that affect communication and foreign commerce. The latter can be foreign but the offense has to affect the United States or foreign commerce.
The respective Information Technology managers are advised on weighing the societal benefits of the negative impacts that come with bad publicity against reporting of the cyber crimes committed in their organizations. The managers should be able to analyze the extent of costs associated with the reporting procedure and the expected returns from prosecution of the offenders in a court of law. Out of court, settlements and use of countermeasures are advised to the managers after evaluations.