United States

CyberLaw Ecosystem

Overview

    Being at the forefront of computer technology, and being the country that developed what is today referred to as the Internet, the USA has been the global leader in developing laws relating to cyber crime.

    The relevant US laws are:

    1. Identity Theft Act (18 U.S.C. 1028), which addresses fraud and related activity in connection with identification documents, authentication features, and information and (18 U.S.C. 1028A) which addresses Aggravated Identity Theft.

    2. Access Device Fraud Act (18 U.S.C. 1029), which addresses fraud and related activity in connection with access devices.

    3. Computer Fraud and Abuse Act (18 U.S.C. 1030), which addresses fraud and related activity in connection with computers.

    4. CAN-SPAM Act (18 U.S.C. 1037), which addresses fraud and related activity in connection with electronic mail.

    5. Wire Fraud Act (18 U.S.C. 1343), which addresses fraud by wire, radio, or television.

    6. Communication Interference Act (18 U.S.C. 1362), which addresses interference to communication lines, stations or systems.

    7. Electronic Communications Privacy Act (18 U.S.C. 2510-2522), which addresses interception of wire, electronic and oral communications.

    8. Stored Communications Act (18 U.S.C. 2701-2712), which addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party internet service providers (ISPs).

    9. The Pen/Trap Statute (18 U.S.C. 3121-3127), which governs real-time interception of "the numbers dialed or otherwise transmitted on the telephone line to which such device is attached."

    10. Clarifying Lawful Overseas Use of Data Act or the CLOUD Act which amends the Stored Communications Act (SCA) of 1986 to allow federal law enforcement to compel US-based technology companies, via warrant or subpoena, to provide requested data stored on US and foreign servers.