Re:Bought and returned set of WiFi home security cameras; ca...
by tptacek on Monday June 20, 2016 @04:33PM
(#11941311)
Nope, same deal with the CFAA, which is why the CFAA cross-charging with the Wire Fraud statute is so problematic.
Re:Bought and returned set of WiFi home security cameras; ca...
by AnthonyMouse on Tuesday June 21, 2016 @01:20PM
(#11947439)
The CFAA doesn't have "intent to commit a felony," it has committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State, which is much broader. It allows felony penalties without felonious intent.
And as you point out, even that limitation is basically swallowed by the fact that the Wire Fraud statute covers very similar conduct to the CFAA, so they can charge you with computer fraud in furtherance of wire fraud.
http://www.legalmatch.com/law-library/article/punishments-fo...
Breaking and entering is generally listed as a misdemeanor. Misdemeanors result in jail sentences of less than one year. However, breaking and entering is often associated with the felony crime of burglary. Burglary is usually defined as "breaking and entering with the intent to commit a felony while on the premises".
The difference between burglary and B&E of "intent to commit a felony" is the sort of thing that justifies the felony charges. I don't see that requirement in the CFAA.