From hacking and ransomware to crypto-crime and identity theft, “tech crimes” are among the most formidable threats confronting law enforcement today. At the federal level in the U.S., such crimes aren’t treated lightly.

If you’re involved in the digital space, here are five important things to know about tech crimes at the federal level in the U.S.

Tech Crimes Are Investigated by Multiple Federal Agencies

One of the most important things to know about high-tech crime is that multiple federal agencies are often involved during investigations. These agencies include the following:

• The Federal Bureau of Investigation monitors cyberterrorism as well as corporate computer intrusion.
• The U.S. Secret Service investigates financial and cybercrime like credit card fraud and ransomware attacks.
• The Department of Homeland Security has a coordinating function in the defense of national cyber infrastructure.
• The Federal Trade Commission looks into technology crimes that are categorized under consumer fraud and data privacy. 

In some situations, even the IRS or Postal Inspection Service will step up and join the battle. With so many agencies potentially being involved, one can have a glimpse of just how serious and convoluted these crimes are.

Legal Definitions are Expanding

The principal statute under which the U.S. prosecutes computer crimes is the Computer Fraud and Abuse Act (CFAA). Passed in 1986, the CFAA criminalizes the unauthorized access of computers and computer systems. But through the expanding broadening of its definitions over the years, courts and prosecutors have invoked the statute’s language to prosecute the following:

• Unauthorized access to a computer system
• Dissemination of malware or ransomware
• Exploitation of stolen login credentials
• Distributed denial-of-service assaults
• Phishing and spoofing operations

Any one of a dozen other statutes, such as the Electronic Communications Privacy Act and the Wiretap Act, could be used as well. The broader jurisdiction of such statutes is that even relatively minor misbehavior—such as trying to guess a password or scraping data—sometimes results in serious sanctions.

The Penalties Typically Are Severe

Federal technology crimes are often punished severely, particularly where the integrity of the financial system, national security, or public safety is at stake. It’s worth your while to consult with a criminal defense attorney if facing tech charges at the federal level.

Punishment could include the following if convicted in a federal court of law:

• Fines ranging from thousands to millions of dollars
• Imprisonment, sometimes for 20 years or more, for the offense
• Forfeiture of property, including cryptocurrencies or any crime proceeds
• Civil liability, with victims suing for damages

For example, someone convicted of breaking into the government database or onto sensitive infrastructure can spend decades in prison. Even a first-time offender charged with wire fraud in a scheme that relies on technology can receive 20 years.

Tech Crimes Span State and Global Boundaries

One of the reasons tech crime is hard to prosecute is that it hardly ever remains within the state or even the country’s borders. A hacker in California can break into a New York bank account by accessing it via a server in Germany, for instance. 

That’s why most serious cases of cybercrime are prosecuted federally — where jurisdiction isn’t subject to state lines.

If the foreign players are guilty of an offense, the U.S. either cooperates with foreign law enforcement authorities like INTERPOL or Europol or resorts to extradition arrangements.

Even “Unintentional” Acts Can Lead to Charges

Maybe the biggest surprise when it comes to federal computer crime legislation is that intent won’t necessarily factor into whether or not someone is prosecuted. 

Downloading a publicly available data set in a way that violates a website’s terms of service, for example, could be a CFAA violation.

Even the federal government uses algorithms, computer forensics, and AI technology to monitor online activities, especially on the Dark Web and encrypted websites. That means individuals working within the electronic universe must be cautious and consult the law or cybersecurity professionals whenever unclear.

With multiple agencies to patrol, severe penalties, and more lenient interpretations of the law, it’s more important to understand tech crimes and how to avoid issues to steer clear of expensive legal troubles.