Hacking Charges Defense

Defense for unauthorized access, intrusion, and data breach charges

"Hacking" encompasses a wide range of conduct under federal law, from unauthorized network access to distributing malware. These technically complex cases require defense counsel who understands computer systems, network protocols, and digital forensics.

01Types of Hacking Charges

Federal hacking prosecutions may involve: • Unauthorized access to computer systems • Exceeding authorized access • Computer intrusion and trespass • Data theft and exfiltration • Denial of service (DoS/DDoS) attacks • Malware creation and distribution • Trafficking in exploits or vulnerabilities

02Technical Defense Considerations

Effective hacking defense often requires: • Independent forensic analysis of evidence • Challenging attribution—was the defendant actually responsible? • Examining network logs and their integrity • Understanding the alleged vulnerability or exploit • Evaluating damage calculations (often inflated) • Assessing whether conduct was truly "unauthorized"

03Authorized Security Research

Many legitimate activities can be mistaken for hacking: • Authorized penetration testing • Bug bounty programs • Security research and disclosure • Network administration activities • Academic research Proper documentation and authorization are critical defenses.

Facing Hacking Charges Charges?

Every case is unique. Contact us for a confidential consultation to discuss your specific situation and learn how we can help.

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Key Cases

United States v. Auernheimer

Accessing publicly available data

United States v. Valle

CFAA and employer authorization

Relevant Statutes

  • 18 U.S.C. § 1030 - Computer Fraud and Abuse Act
  • 18 U.S.C. § 2511 - Wiretapping
  • 18 U.S.C. § 1831 - Economic Espionage

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