Abstract:
The incidences of computer hacking have increased dramatically over the
years. Indeed, the current federal laws, including the Computer Fraud
and Abuse Act, have done very little to deter potential computer
hackers. This article finds that only a small percentage of computer
hackers are ever caught and prosecuted. The biggest problem is that
most victimized companies regrettably choose to hide the problem from
the public due in part to negative publicity concerns. As a result,
this article proposes that a mandatory reporting requirement imposed by
Congress, which forces companies to disclose intrusions, will be
salient to the problem of computer hacking in several regards. First,
individuals who are affected by the intrusions will receive advance
warning that their personal information was stolen by hackers. This
will allow these affected individuals to take precautions in securing
their identities. Secondly, the mandatory reportings will assist law
enforcement in investigating and prosecuting a greater percentage of
computer hackers. As more prosecutions of computer hackers are
publicized, this should reduce the future incidences of computer
hackings. Moreover, on July 1, 2003, California became the first state
to enact a reporting requirement for computer hackings. This could
provoke other states to pass similar reporting requirements. Because
computer hacking is a national (and international) problem, Congress
needs to consider enacting a reporting requirement before an untenable
piecemeal state-by-state solution occurs.