Legal Framework for Hacking: Methods, Penetration, and US Laws

This report provides an overview of the legal aspects of hacking, focusing on hacking methods and penetration testing strategies. It examines the interconnection between hacking and penetration strategies, highlighting how penetration testing helps assess system robustness, thereby influencing hacking ease. The report details several U.S. laws against hacking, including 18 U.S.C. § 1030(a)(1) through (b) and (c), explaining their stipulations and modifications over time. It further differentiates between legal (white hat) and illegal (black hat) hacking, emphasizing the ethical considerations from a Christian worldview perspective. The document concludes with a list of references used for the analysis. Desklib provides this document as a resource for students studying cybersecurity law and related topics.

LEGAL ASPECTS OF
HACKING METHOD

Hacking
Hacking is the methodology by which gaining access to a data set
without proper authentication is done. Hacking serves both positive and
negative purposes. Usage of the system by government serves the
positive aspect and imposters using this technology makes this a
negative aspect

Penetration strategy
Penetration testing strategy helps in understanding the interconnection
in between the security of the system and the documentation of the
entire project. This process helps in testing the weaknesses of the entire
system

Interlinking in between hacking and
penetration strategy
Penetration testing strategy is interlinked with hacking in the sense that
with the help of the penetration strategy, the robustness of the entire
data system can be calculated. With the help of this system hacking gets
easier

Laws against hacking
 18 U.S.C. § 1030(a)(1)
 18 U.S.C. § 1030(a)(2)
 18 U.S.C. § 1030(a)(3)
 18 U.S.C. § 1030(a)(4)
 18 U.S.C. § 1030(a)(5)
 18 U.S.C. § 1030(a)(6)
 18 U.S.C. § 1030(a)(7)
 18 U.S.C. § 1030(b)
 18 U.S.C. § 1030(c)

Laws
18 U.S.C. § 1030(a)(1)
It is stated that without prior concern of United States of America no
other country can invade their data base and in case anything of this
sort occurs United States can take safety measures. This rule has stayed
intact and no changes has been seen.

18 U.S.C. § 1030(a)(2)
Financial data is taken into consideration for the procession of the project management
and this ensures the fact that the management of the entire process gets high
importance. Modification has been included in heavy amounts

18 U.S.C. § 1030(a)(3)
Accessing of non public computing system without proper authentication
is taken into consideration in this law. This law states that any
organization suffering from this kind of issue can seek help from
government. Huge changes is noticed and the entire law is molded as
per the requirement of then project.

18 U.S.C. § 1030(a)(4)
Accessing of computing system that are protected with security systems
without proper authentication. This law is applicable only in case the
transaction that is made is above $5,000 and the entire transaction is
made in 1 year. Not much changes are noticed in the entire law

18 U.S.C. § 1030(a)(5)
Accessing of programs and tasks that are stored in a computing system
without proper authentication is taken into consideration is law. The data
that are fetched from the program is the main concern of this law. This
law has been changing in a constant rate.

18 U.S.C. § 1030(a)(6)
Defrauding traffic is one of the main concern of 18 U.S.C. § 1030(a)(5).
This law also takes into consideration the aspect that the trafficking of
the data that might affect foreign transaction. Trafficking of data that
affects the government also falls under this law. This law has been
robust in nature and no such changes has occurred

18 U.S.C. § 1030(a)(7)
This law is concerned with distortion of data that leads to financial risk of
an individual. Management of financial frauds and issues are the main
concern of 18 U.S.C. § 1030(a)(7). No such changes has been incurred in
recent times

18 U.S.C. § 1030(b)
18 U.S.C. § 1030(b) is considered as a bridge in between the 18
U.S.C. § 1030(a) and 18 U.S.C. § 1030(c). This is the main reason that
the projection of this law is that this law takes into consideration the
issues regarding the punishing of imposters

Different legal Penetration techniques
 Black box penetration testing method
 White Box Penetration testing method
 Grey Box Penetration testing method

Illegal and Legal hacking
White hat hackers are said to be legal as the concern of the hackers are
to serve instances regarding development of project. They do not intend
on harming the system. Whereas in case of the black hat hackers the
main concern that is taken into consideration includes fetching data in
an illegal manner and harming the host. This illegal fetching of data is
considered to be wrong as per the Christian worldview perspective

Christian worldview perspective
Christian worldview perspective is not only a law but a path that must
be followed by every individual for leading a better and ethical life.
Abiding by the laws of Christian worldview perspective is also helps in
maintaining a ethical life. This is the reason Christian worldview
perspective is given such high importance

References
 Beauchamp, K. (2017). The Failures of Federalizing Trade Secrets:
Why the Defend Trade Secrets Act of 2016 Should Preempt State
Law. Miss. LJ, 86, 1031.
 Hacker, M. A. (2016). Permitted to Suffer for Experience: Second
Circuit Uses Primary Beneficiary Test to Determine Whether Unpaid
Interns Are Employees under the FLSA in Glatt v. Fox Searchlight
Pictures, Inc. BCL Rev., 57, 67.
 Hacker, P. (2016). More Behavioral vs. More Economic Approach:
Explaining the Behavioral Divide Between the United States and the
European Union. Hastings Int'l & Comp. L. Rev., 39, 355.
 Hamilton, L. (2017). Beyond Ballot-Stuffing: Current Gaps in
International Law regarding Foreign State Hacking to Influence a
Foreign Election. Wis. Int'l LJ, 35, 179.

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