An Empirical Analysis of Sentencing of "Access to Information" Computer Crimes

Journal of Empirical Legal Studies | 20(2), 434-471, April 2023

38 Pages Posted: 16 Nov 2023

See all articles by James T. Graves

James T. Graves

Federal Communications Commission (FCC)

Alessandro Acquisti

Carnegie Mellon University - H. John Heinz III School of Public Policy and Management

Date Written: April 12, 2023

Abstract

There is a widespread perception that computer crime sentencing is too harsh. But this criticism has occurred in the absence of comprehensive, multi-year data on how computer crimes are actually sentenced and how those sentences compare to other, purportedly similar crimes, such as trespass, burglary, or fraud. This article uses an analysis of real-world sentencing data to examine how the computer crimes are actually sentenced. We combined court filings and U.S. Sentencing Commission data files to build a custom data set of 1095 Computer Fraud and Abuse Act (CFAA) sentences from 2005 through 1998. Our results show that CFAA sentences are sentenced differently from trespass, burglary, or non-CFAA fraud crimes; that sentences in which the defendant exceeded authorized access have declined over the years; and that the “sophisticated means” and “special skills” enhancements have been less routinely applied than has been assumed. These results have policy implications for how CFAA crimes are sentenced.

Keywords: computer fraud, Computer Fraud and Abuse Act (CFAA), computer trespass, criminology, cybercrime, US sentencing guidelines

Suggested Citation

Graves, James and Acquisti, Alessandro, An Empirical Analysis of Sentencing of "Access to Information" Computer Crimes (April 12, 2023). Journal of Empirical Legal Studies | 20(2), 434-471, April 2023 , Available at SSRN: https://ssrn.com/abstract=4606186

James Graves (Contact Author)

Federal Communications Commission (FCC) ( email )

Alessandro Acquisti

Carnegie Mellon University - H. John Heinz III School of Public Policy and Management ( email )

Pittsburgh, PA 15213-3890
United States
412-268-9853 (Phone)
412-268-5339 (Fax)

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