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INTERRUPTION OF COMPUTER
SERVICES
While
individual computer intrusions may be troublesome and a nuisance
for government agencies and companies, the threat to a network’s
infrastructure from mere intrusion is slight, unless the intruder
has the malicious intent to disrupt network services. By far,
the greatest threat to the nation’s information infrastructure
is malicious minded individuals set on seriously disrupting
computer services on a broad scale.
Disrupting computer services usually takes the form of a Denial of Service (hereinafter “DoS”)
attack or a Distributed Denial of Service Attack (hereinafter “DDoS”).
DoS attacks attempt to deny a user or users of a network the resources normally
available.1 The most common methods of DoS and DDoS attacks are carried
out by way of undue bandwidth consumption, computer resource theft, exploiting
flawed
programming, and traffic redirection.2 In order to carry out such
attacks, one need not be a technical wizard -- there are easy to use programs
which facilitate
DoS and DDoS attacks.3
Interruption of computer services statutes thus seek to proscribe conduct that
intentionally or recklessly disrupts or degrades computer services or denies
computer services to an authorized user. Thus, interruption of computer services
statutes may be used to specifically prosecute those responsible for DoS and
DDoS attacks. However, notwithstanding the highly publicized DDoS attacks of
February 2000, only five states have statutes specifically directed towards the
interruption of computer services.4
1 Bland_inquistor,
Denial of Service Attacks, Tools of the Tools, 2600 THE HACKER
QUARTERLY, Fall 2003 at 41.
2 Id. at 40.
3 Id. (referring
to such attacks as “[c]anned DoS [a]ttacks”).
4 Delaware, DEL. CODE ANN. tit. 64 § 934 (2002); Nebraska, NEB.
REV. STAT. § 28-1344
(2002); Nevada, NEV. REV. STAT. 205.477 (2003); New Hampshire, N.H. REV. STAT.
ANN. § 638:17 (2003); West Virginia, W. VA. CODE § 61-3C-8 (2003).
CALIFORNIA
*
(c) Except as provided in subdivision (h), any person who
commits any of the following acts is guilty of a public offense:
(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial
of computer services to an authorized user of a computer, computer
system, or computer network.
COLORADO *
Excerpt of Section 18-5.5-102
(1) A person commits computer crime if the person knowingly:
(f) Causes the transmission of a computer program, software, information, code,
data, or command by means of a computer, computer network, or computer system
or any part thereof with the intent to cause damage to or to cause the interruption
or impairment of the proper functioning of or that actually causes damage to
or the interruption or impairment of the proper functioning of any computer,
computer network, computer system, or part thereof.
DELAWARE
§ 934. Interruption of computer services
A person is guilty of the computer
crime of interruption of computer services when that person,
without authorization, intentionally
or recklessly disrupts or degrades or causes the disruption or
degradation of computer services or denies or causes the denial
of computer services to an authorized user of a computer system.
NEBRASKA
§ 28-1344.
Unlawful acts; depriving or obtaining property or services;
penalties
Any person who intentionally accesses or causes to be accessed,
directly or indirectly, any computer, computer system, computer
software, or computer network without authorization or who, having
accessed any computer, computer system, computer software, or
computer network with authorization, knowingly and intentionally
exceeds the limits of such authorization shall be guilty of a
Class IV felony if he or she intentionally: (1) Deprives another
of property or services; or (2) obtains property or services
of another, except that any person who obtains property or services
or deprives another of property or services with a value of one
thousand dollars or more by such conduct shall be guilty of a
Class III felony.
NEVADA10
(c) Caused an interruption
or impairment of a public service, including, without limitation,
a governmental operation, a system of public communication or
transportation or a supply of water, gas or electricity,
10 This specific section of Nevada’s
statute appears to be limited to instances of interruptions of
public services;
Section (b) however
may allow prosecution of similar crimes with damages in excess
of $500.
NEW
HAMPSHIRE *
III. A person is guilty of the
computer crime of interruption of computer services when the
person, without authorization, knowingly or recklessly disrupts
or degrades or causes the disruption or degradation of computer
services or denies or causes the denial of computer services
to an authorized user of a computer or computer network.
OKLAHOMA
*
A. It shall be unlawful
to:
6. Willfully and without authorization disrupt or cause
the disruption of computer services or deny or cause the
denial of access or other computer services to an authorized
user of a computer, computer system or computer network;
PENNSYLVANIA
11
§ 7612.
Disruption of service
(a) OFFENSE DEFINED.-- A person commits an offense if he
intentionally or knowingly engages in a scheme or artifice,
including, but not limited to, a denial of service attack
upon any computer, computer system, computer network, computer
software, computer program, computer server, computer database,
World Wide Web site or telecommunication device or any part
thereof that is designed to block, impede or deny the access
of information or initiation or completion of any sale or
transaction by users of that computer, computer system, computer
network, computer software, computer program, computer server
or database or any part thereof.
(b) GRADING.-- An offense under this section shall constitute a felony of the
third degree.
11 Pennsylvania
also has a statute directly specifically towards curbing
the
distribution of computer viruses
that combines
the elements of computer tampering and interruption of computer
services statutes. See Distribution of computer virus, 18
PA. CONS. STAT. § 7616 (2003).
SOUTH
DAKOTA *
A person is guilty of
unlawful use of a computer system, software, or data
if the person:
(4) Knowingly disrupts, denies, or inhibits access to
software or data without the consent of the owner;
(5) Knowingly disrupts, denies, or inhibits access to a computer system, without
consent of the owner;
TENNESSEE
*
(b) Whoever intentionally
and without authorization, directly or indirectly:
(2) Alters, damages, destroys, or attempts to damage or destroy, or causes the
disruption to the proper operation of any computer, or who performs an act which
is responsible for the disruption of any computer, computer system, computer
network, computer software, program, or data which resides or exists internal
or external to a computer, computer system, or computer network is punishable
as in § 39-14-105;
VERMONT
§ 4104.
Alteration, damage, or interference
(a) A person shall not intentionally and without lawful
authority, alter, damage, or interfere with the operation
of any computer, computer system, computer network, computer
software, computer program, or data contained in such
computer, computer system, computer program, or computer
network.
(b) Penalties. A person convicted of violating this section
shall be,
(1) if the damage or loss does not exceed $ 500.00 for a first offense, imprisoned
not more than one year or fined not more than $ 500.00, or both;
(2) if the damage or loss does not exceed $ 500.00 for a second or subsequent
offense, imprisoned not more than two years or fined not more than $ 1,000.00,
or both; or
(3) if the damage or loss exceeds $ 500.00, imprisoned not more than ten years
or fined not more than $ 10,000.00, or both.
WASHINGTON
§ 9A.48.070.
Malicious mischief in the first degree
(1) A person is guilty of malicious mischief in the
first degree if he knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding
one thousand five hundred dollars;
(b) Causes an interruption or impairment of service rendered to the public
by physically damaging or tampering with an emergency vehicle or property of
the state, a political subdivision thereof, or a public utility or mode of
public transportation, power, or communication; or
(c) Causes an impairment of the safety, efficiency, or operation of an aircraft
by physically damaging or tampering with the aircraft or aircraft equipment,
fuel, lubricant, or parts.
(2) Malicious mischief in the first degree is a class B felony.
WEST
VIRGINIA
§ 61-3C-8.
Disruption of computer services
Any person who knowingly, willfully and without authorization,
directly or indirectly, disrupts or degrades or causes the
disruption or degradation of computer services or denies
or causes the denial of computer services to an authorized
recipient or user of such computer services, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be
fined not less than two hundred nor more than one thousand
dollars or confined in the county jail not more than one
year, or both.
WISCONSIN
*
(am) Whoever intentionally
causes an interruption in service by submitting a message,
or multiple messages, to a computer, computer program, computer
system, or computer network that exceeds the processing capacity
of the computer, computer program, computer system, or computer
network may be penalized as provided in pars. (b) and (c)
* In
some situations, such as with California, if a state has
dealt directly with
a particular category of
computer crime within the context of a larger encompassing
computer crime statute, we have included in our statutory
analysis a cross reference to the relevant subsection of
that state’s
statute. We have denoted states that are also listed in our
general computer crime statute section with a ‘*’.
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