How the Computer Fraud and Abuse Act (CFAA) Impacts Internet Crime Charges

 Posted on August 15, 2025 in Computer Crimes

Facing an accusation of internet crimes can be overwhelming, especially when federal law is involved. The Computer Fraud and Abuse Act (CFAA) is one of the most powerful tools prosecutors use in these cases. Because violations of this law are federal crimes, they often carry steep penalties, including prison time and heavy fines. If you are under investigation, working with a knowledgeable Dallas, TX internet crime defense attorney is the first step in protecting your rights and developing a strategic defense.

What Is the Computer Fraud and Abuse Act?

The CFAA, codified under 18 U.S.C. § 1030, is a federal law originally passed in 1986 to protect government and financial computer systems. Over time, Congress expanded it to cover nearly any computer connected to the internet. In the broad sense, it prohibits unauthorized access to computers, networks, and data. Federal prosecutors often use the CFAA when someone is accused of hacking, taking information, or improperly using a company’s computer system.

Common Internet Crime Charges Under the CFAA

The CFAA covers a wide range of online activities that can result in criminal charges. Some of the most common include:

• Unauthorized access: Entering a computer system without permission, even if no data is stolen.

• Theft of data: Copying or taking trade secrets, customer information, or financial records.

• Computer-related fraud: Using a computer to commit schemes that result in financial loss to others.

• Transmission of malware or viruses: Intentionally spreading harmful code that damages systems.

• Extortion using computer access: Threatening to release stolen information unless money is paid.

Penalties for these crimes vary. However, sentences can include years in federal prison and fines that reach hundreds of thousands of dollars.

How Federal Prosecutors Apply the CFAA in Texas Cases

In Texas, federal prosecutors often combine the CFAA with other laws when filing charges. For example, someone accused of accessing a company’s servers without permission may also be charged under 18 U.S.C. § 1343, the federal wire fraud law. Prosecutors can claim the person not only entered the system illegally but also used email or online platforms across state lines to commit fraud.

Another common approach involves pairing CFAA charges with identity theft laws, such as 18 U.S.C. § 1028A, which covers aggravated identity theft. If prosecutors claim that stolen login credentials or Social Security numbers were involved, penalties may include mandatory minimum sentences.

Defense Strategies Against CFAA Charges

Defending against CFAA allegations requires a careful legal strategy, but some common strategies include:

• Lack of intent: Prosecutors must prove that you knowingly and intentionally accessed a computer without authorization. If you can demonstrate that this was a result of a mistake or misunderstanding, it may not meet this standard.

• Authorized access: If you had permission to use the system or data in question, the government’s case becomes weaker.

• Overbroad application: Courts have debated how far the CFAA should reach. In some cases, prosecutors interpret the law too broadly, and defense attorneys can challenge these interpretations.

• Suppression of evidence: If investigators violated your Fourth Amendment rights during a search, evidence may be excluded from court.

CFAA cases are often highly technical. To build the strongest case possible, defense attorneys often work with digital forensics experts to challenge the government’s claims.

Contact Dallas, TX Internet Crimes Defense Attorney

When you are facing charges under the CFAA, you need a lawyer with insight into federal prosecution as well as a proven record of defense success. The Dallas, TX internet crimes defense lawyers at Spencer & Associates have successfully handled complex and even high-profile fraud cases. 

Attorney Spencer brings a unique perspective to internet crime defense. He served a decade as an Assistant United States Attorney in the Eastern District of Texas. There, he prosecuted more than 100 federal cases. Today, he uses that experience to defend clients, aiming to resolve cases without litigation when possible, even though he is fully prepared to fight aggressively in court when necessary. Call 214-385-8500 today to schedule your free consultation.