This week we complete our look at the CFAA on OSP. Next week in class we’ll be discussing third-party liability and the CFAA, but I plan to discuss state statutes, unless there is a large outcry that I should have another post on the CFAA.
It’s going to be a little short this week, but I think the value of the quote from Russian hacker far exceeds anything I could ever produce, so enjoy!
Reading for the week:
1.4. CFAA: Mens Rea
1.4.1. U.S. v. Sullivan, 40 Fed. Appx. 740 (4th Cir. 2002)
1.4.2. U.S. v. Sablan, 92 F.3d 865 (9th Cir. 1996)
1.5. CFAA: Jurisdiction & Standing
1.5.1. U.S. v. Ivanov, 175 F. Supp. 2d 367 (D. Conn. 2001)
1.6. CFAA: What constitutes “damages”?
1.6.1. U.S. v. Middleton, 231 F.3d 1207 (9th Cir. 2000)
1.6.2. Creative Computing v. Getloaded.com LLC, 386 F.3d 930 (9th Cir. 2004)
1.6.3. Civic Center Motors, Ltd. v. Mason Street Import Cars, Ltd., 387 F. Supp. 2d 378 (S.D.N.Y. 2005)
While there are a few good fact patterns in this set of cases, as I mentioned in the last post, these cases can be international in nature. I’m not talking about the two Honda dealers going at it (which is kinda hilarious, btw). No, I’m talking about the infamous Russian crackers. Ah yes, U.S. v. Ivanov, 175 F. Supp. 2d 367 (D. Conn. 2001).
So, here’s the gist of the case: Russian bad guy says “in Soviet Russia computer hacks you” and the court says “shut up, this isn’t Russia. Also, the Soviet Union fell. Deal with it.”
Ok, so that’s not really what the court said, but this is really what the cracker said:
now imagine please Somebody hack you network (and not notify you about this), he download Atomic software with more than 300 merchants, transfer money, and after this did ‘rm-rf/’ and after this you company be ruined. I don’t want this, and because this i notify you about possible hack in you network, if you want you can hire me and im allways be check security in you network. What you think about this?
So, um, what you think about this?
Well, this is what we call extortion and this is specifically a problem under 18 U.S.C. §§ 1030(a)(7). Probably even the EFF can agree that writing sentences like that should be a crime, and I’m not talking about the grammar police. To put it another way, “money good, extortion bad!” Props to Aleksey Vladimirovich Ivanov for knowing UNIX commands though. I almost wanted him to win. Also, what a badass Russian name.