The Economic Espionage Act of 1996, 18 U.S.C. § 2511, with some exceptions available for law enforcement, service providers and others (including, potentially, employers). The ECPA also prohibits intentionally intercepting electronic communications in transit under the Wiretap Act (Title I of the ECPA), 18 U.S.C. Violations of the ECPA are subject to penalties ranging from a fine or up to one year of imprisonment (or both), to up to 10 years for repeat violations for an improper purpose. § 2702, it is a criminal violation to intentionally access without authorisation (or exceed authorised access) a facility that provides an electronic communications service (“ECS”), which could include, among others, email service providers or even some employer-provided email. Under the Stored Communications Act (Title II of the ECPA), 18 U.S.C. Other relevant laws applicable to cybercrimes include the Electronic Communications Protection Act (“ECPA”), which provides protections for communications in storage and in transit. 2667 (2020), the Supreme Court substantially limited the application of the CFAA to insider threats. The CFAA provides for both criminal and civil penalties (which in the criminal context can range from 10 to 20 years imprisonment for some aggravated offences, with the penalties for non-aggravated offences otherwise listed below), and specifically prohibits: (1) unauthorised access (or exceeding authorised access) to a computer and obtaining national security information (imprisonment up to 10 years) (2) unauthorised access (or exceeding authorised access) to a computer that is used in interstate or foreign commerce and obtaining information (imprisonment up to one year) (3) unauthorised access to a non-public computer used by the United States government (imprisonment up to one year) (4) knowingly accessing a protected computer without authorisation with the intent to defraud (imprisonment up to five years) (5) damaging a computer either intentionally or recklessly (imprisonment up to five years) (6) trafficking in passwords (imprisonment up to one year) (7) transmitting threats of extortion, specifically threats to damage a protected computer and threats to obtain information or compromise the confidentiality of information (imprisonment up to one year) and (8) cyber-extortion related to demands of money or property (imprisonment up to five years). § 1030, is the primary federal statutory mechanism for prosecuting cybercrime, including hacking, and also applies to some related extortionate crimes such as in the context of ransomware. The federal Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. 1.1 Would any of the following activities constitute a criminal or administrative offence in your jurisdiction: hacking denial-of-service attacks phishing infection of IT systems with malware distribution, sale or offering for sale of hardware, software or other tools used to commit cybercrime possession or use of hardware, software or other tools used to commit cybercrime identity theft or identity fraud electronic theft unsolicited penetration testing or any other activity adversely affecting or threatening the security, confidentiality, integrity or availability of any IT system, infrastructure, communications network, device or data? If so, please provide details of the offence, the maximum penalties available, and any examples of prosecutions in your jurisdiction:
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