Computer Crime Loss

Computer Crime Loss

Note: This information about Computer Crime Loss is based on an United States Sentencing Commission report to the Congress on penalties for cyber security offenses. In this case, the content of this section deals with the implementation of the Homeland Security Act Directive in relation to Computer Crime Loss. Loss is a primary component of the guidelines relevant to computer crime. The loss table at §2B1. 1(b)(1) provides for substantial sentence increases in two level increments based on increasing loss amounts. Both §§2B2. 3 and 2B3. 2 also include enhancements for loss. See §§2B2. 3(b)(3) and 2B3. 2(b)(2). The potential harm, including loss, involved in violations of 18 U. S. C. § 1030(a)(1) (accessing and disseminating national defense or restricted information with reason to believe it could be used to the injury of the United States), which are referenced to §2M3. 2 (Gathering National Defense Information), is accounted for by the high base offense levels in that guideline. As described in Section II(A)(4) of this entry, the proposed amendment makes a change in §2B1. 1 relating to loss. The proposed amendment modifies the existing rule of construction relating to loss in computer crimes cases to more fully incorporate the statutory definition of loss in 18 U. S. C. § 1030(e)(11), and to clarify its application to offenses under 18 U. S. C. § 1030.