I’m working on a Law question and need guidance to help me study.

There are various enacted statutes that address different aspects of cybersecurity. What piece of legislation do you think has been most impactful in this realm and why? Be sure to give the name of the statute, a brief description discuss its purpose and how it has impacted cybersecurity from a law perspective.

After posting your original post, be sure to engage in discussion with your peers.

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Student Response:

It is my opinion that the Computer Fraud and Abuse Act has been most impactful to the cybersecurity realm. It has been amended by Congress to attempt to make it all-encompassing (Prosecuting computer crimes, n.d.). In the 1980’s cyber crimes were in their inception (Prosecuting computer crimes, n.d.). Lawmakers faced a new front, with new issues regarding legalities of these crimes. While statutes do not necessarily stop crimes, they do make it possible to prosecute the accused. The Computer Fraud and Abuse act was created in 1986 (Computer fraud and abuse act (CFAA), n.d.). This act began as an amendment to the Federal Computer Fraud Law (Computer fraud and abuse act (CFAA), n.d.). For one under this act, it removed the requirement that a $5,000 loss must be met before prosecution (Prosecuting computer crimes, n.d.). If you’re on the losing end of the loss, this change is of great benefit. It also made threats regarding the potential damage to computers illegal (Prosecuting computer crimes, n.d.). Threats to release stolen data and the refusal to restore damage to computer systems was also made a prosecutable offense (Prosecuting computer crimes, n.d.). Hacking was also deemed illegal under the act (Prosecuting computer crimes, n.d.). The act also allows for individuals to sue perpetrators in civil court (Prosecuting computer crimes, n.d.). The new amendment also changed some legal definitions in the act. For instance, the definition of financial institute was changed to encompass all types of financial records (H.R.4718- Computer fraud and abuse act of 1986, n.d.). All of the legalities under this act are important. Almost every inch of our lives can be found somewhere digitally. Most banks have apps that aid in mobile banking. If your financial institution records are compromised, this act provides protection. Imagine if your computer is hacked, and you then find your documents somewhere publicly available. This act would allow you to take legal action. This act is constantly being amended, with the last amendment being in 2008 (Computer fraud and abuse act (CFAA), n.d.). To me, this act seems to strive to really protect users, their computers, and the data stored within them. While laws do not prevent offenders from breaking them, they offer some protections. This act has definitely added protections to the cybersecurity realm.

Computer fraud and abuse act (CFAA). (n.d.). Retrieved from National Association of Criminal Defense Lawyers: https://www.nacdl.org/Landing/ComputerFraudandAbus…

H.R.4718- Computer fraud and abuse act of 1986. (n.d.). Retrieved from U.S. Congress: https://www.congress.gov/bill/99th-congress/house-…

Prosecuting computer crimes. (n.d.). Retrieved from Department of Justice: https://www.justice.gov/sites/default/files/crimin…