Computer Crimes Statutes
Please respond to the following: 1-2 paragraphs. Then respond in one paragraph to the additional post.
Visit the National Conference of State Legislators’ Computer Crimes Statutes page and take a look at the laws for your state (Virginia) related to computer crime. Select one of these laws or a federal law to evaluate. Why does a penetration tester need to be aware of this law? Do you feel this law is sufficient? If so, explain why. If not, what would you change?
Note: If your state has insufficient information, no information, or an error message, please choose a neighboring state and pretend you have a relative there you visit regularly. Answer based on that states information.
Consider existing cybersecurity legislation and what might still be missing. If you could create one piece of legislation to help cybersecurity, what would it be? Why is this legislation something needed?
Additional Information to answer the discussion question
There will be three options for your original post:
First: Select one of these laws or a federal law to evaluate. Why does a penetration tester need to beware of this law? Do you feel this law is sufficient? If so, explain why. If not, what would you change?
Second: Consider existing cybersecurity legislation and what might still be missing. If you could create one piece of legislation to help cybersecurity, what would it be? Why is this legislation something needed?
Third: Address option A and B in your original post.
Once that section is completed, respond in one paragraph to the post below. State if you agree or disagree and the reasoning why. You may also add on to the conversation.
Post:
So, the state I am in is Maryland. I think it is telling that the first half of the law are definitions of the language being used. I know that legally it is good to be specific, but I think it speaks to the whole new world that computer technology has opened that such a long list of separate definitions are needed. I would also pose that it only scratches the surface and any additions to this law that we will need to expand this section much further. Section C seems to be the meat of the law and you do not have to look far to see why a tester will need to know this law. (1) A person may not intentionally, willfully, and without authorization: (i) access, attempt to access, cause to be accessed, or exceed the persons authorized access to all or part of a computer network, computer control language, computer, computer software, computer system, computer service, or computer database; or. (1) In that wording merely accessing something they do not have permission to access is breaking the law. It goes on to talk about causing malfunctions, getting access codes, etc. If the scope of work does not cover all these things the hacker would technically be breaking state laws.
I think something missing from this law is regards to regulation. Ultimately there are criminals and they will break the laws, but it is up to the targets of those criminals to protect that data from those criminals. For individuals of course their personal data will be as protected as they can protect it, but in the end, they are just responsible for their own data. However, for many companies and organizations they possess private data from customers and members. That makes them responsible for what happens to that data of others. We have repeatedly seen these companies get hacked with relatively little to no consequences to them and yet the potential for their customers to at least have to change passwords and card numbers across their lives which is bad enough, but it could lead to their whole identities being stolen and the tearing apart of their lives. That is of course the tip of the iceberg. I found articles all around the internet on the matter, but I have added one below that caught my attention for its broad commentary. (2)
1- MD General Assembly. (2020). Article – Criminal Law from http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr§ion=7-302&enactments=False&archived=False
2- BroadBandNow.com. (2018). Only 18% Of Cybersecurity Laws Passed In 2018, Despite Consumers Losing $1.4B In Cybercrimes from https://broadbandnow.com/report/cybersecurity-laws-passed-2018/
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