Preface and Acknowledgements
This manual is a product of the Computer Crime and
Intellectual Property Section (CCIPS) of the United States
Department of Justice. Just as in
Searching and Seizing Computers and Electronic Evidence
(2d ed. 2002) and
Prosecuting Intellectual
Property Crimes (3d ed. 2006), we emphasize real world
practice issues for working prosecutors.
This manual examines the federal laws that relate to computer crimes.
Our focus is on those crimes that use or target computer networks, which we
interchangeably refer to as "computer crime," "cybercrime," and "network
crime." Examples of computer crime include computer intrusions, denial of
service attacks, viruses, and worms. We make no attempt to cover issues of
state law and do not cover every type of crime related to computers, such as
child pornography or phishing.
We refer to people committing the crimes covered in this
manual as "intruders" or "attackers" instead of the more widely-
used but less-specific term "hackers."
This manual is a joint effort of the Computer Crime team of
CCIPS, under the supervision of Martha Stansell-Gamm, Chief, and
Christopher Painter, Principal Deputy Chief. Scott Eltringham is
the primary editor, but this manual exists because of the work
and experience of many CCIPS attorneys, both present and former,
including Leonard Bailey, Howard Cox, Richard Downing, Tom Dukes,
Josh Goldfoot, Jessica Herrera, Todd Hinnen, Amanda Hubbard,
Nathan Judish, Kimberly Peretti, Richard Salgado, Jared Strauss, Joel
Schwarz, Betty Shave, Joe Springsteen, Michael Stawasz, Michael Sussmann,
Anthony Teelucksingh, Eric Wenger, Lisa Willmer, and William Yurek,
paralegals Kathleen Baker and Aubrey Rupinta, as well as many of our legal
interns.
We are grateful to Ed Hagen, Nancy Bowman, and others at the
Office of Legal Education for their assistance in publishing this
manual.
This manual is intended as assistance, not authority. The
research, analysis, and conclusions herein relect current
thinking on difficult and dynamic areas of the law; they do not
represent the official position of the Department of Justice or
any other agency. This manual has no regulatory effect, confers
no rights or remedies, and does not have the force of law or a
U.S. Department of Justice directive. See United States v.
Caceres, 440 U.S. 741 (1979).
If you have questions about anything in this manual, we invite
you to call CCIPS at (202) 514-1026. Attorneys are on duty every
day for the specific purpose of answering such calls and
providing support to U.S. Attorneys' offices, law enforcement
agencies, and other public- and private-sector partners.
Electronic copies of all three of our manuals are available at
http://www.cybercrime.gov. The electronic version will be
periodically updated, and prosecutors and agents are advised to
check the website for the latest developments.
John T. Lynch, Jr.
Deputy Chief
Computer Crime & Intellectual Property Section
Criminal Division
Department of Justice
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