The Act does, however, also provide
for criminal fines and imprisonment designed to dissuade individuals from engaging in
hacking attacks. In this case, the cracker was sentenced to 18 months in jail and ordered
to pay roughly $65,000 in restitution.
In some intrusion cases, real damages can be calculated. In 2003, a former Hellman
Logistics employee illegally accessed company resources and deleted key programs. This
act caused major malfunctions on core systems, the cost of which could be quantified. The
hacker was accused of damaging assets in excess of $80,000 and eventually pleaded guilty
to ???intentionally accessing, without authorization, a protected computer and thereby
recklessly causing damage.??? The Department of Justice press release said that the hacker
was sentenced to 12 months of imprisonment and was ordered to pay $80,713.79 for the
Title 18, section 1030(a)(5)(A)(ii) violation.
These are just a few of the many attacks performed each year by disgruntled employees
against their former employers. Because of the cost and uncertainty of recovering damages
in a civil suit or as restitution in a criminal case under the CFAA or other applicable law,
well-advised businesses put in place detailed policies and procedures for handling
employee terminations, as well as the related implementation of limitations on the access
by former employees to company computers, networks, and related equipment.
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