Cyber Security Data

Cyber Security Data

Note: This information about Cyber Security Data is based on an United States Sentencing Commission report to the Congress on penalties for cyber security offenses. As part of its review of the guidelines applicable to computer crime, the United States Sentencing Commission analyzed data for 116 cases with convictions under 18 U. S. C. § 1030 sentenced in fiscal years 2001 and 2002. This review yielded valuable information about the backgrounds and motivations of computer crime offenders, the types of offenses committed and how such offenses are sentenced under the guidelines. The data revealed that most violators of 18 U. S. C. § 1030 were well educated (66% had completed at least some college education) and had minimal or no criminal history (78% were sentenced using Criminal History Category I). Approximately half (48%) of offenders committed their crime for financial reasons. Most offenses (65%) involved a computer at the offender's current or former workplace.

Cyber Security Data

Note: This information about Cyber Security Data is based on an United States Sentencing Commission report to the Congress on penalties for cyber security offenses. The data showed that the overwhelming majority of cases with convictions under 18 U. S. C. § 1030 are sentenced under §2B1. 1. For fiscal years 2001 and 2002, 116 cases were reviewed in which one of the counts of conviction was an offense under 18 U. S. C. § 1030. Of these, 89. 6 percent (104) were sentenced using either §2B1. 1 or another guideline that has since been consolidated with §2B1. 1. Three cases were sentenced under §2B2. 3, and no cases were sentenced under §2B3. 2, §2M3. 2, or §2X1. 1. 2 The data showed that 20 percent of computer crime offenders in fiscal years 2001 and 2002 received the two level adjustment at §3B1. 3 for abuse of trust or use of a special skill, which is higher than the annual rate of approximately 10 percent for all offenders sentenced under §2B1. 1 (or a guideline consolidated with §2B1. 1). The United States Sentencing Commission's findings with respect to recent computer crime cases build upon and mirror earlier findings of the United States Sentencing Commission in this area. In 1996, the United States Sentencing Commission conducted a review of cases under 18 U. S. C. §§ 1030(a)(4) and (a)(5) in response to the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L 104–132. The report submitted to Congress documented findings similar to those described above, including that computer offenders tended to be well educated, tended to have little or no criminal history, frequently committed crimes through the use of a computer at the workplace, and often were motivated by financial reasons.

Such offenders also received the enhancement for abuse of trust with greater than average frequency. See Report to Congress: Adequacy of Federal Sentencing Guideline Penalties for Computer Fraud and Vandalism Offenses, United States Sentencing United States Sentencing Commission, June 1996.