I'm curious about how this is applied if the attacker is international, or even just 
in a different state.

Do you know?

-Michele

Eric wrote:

> In Texas, it is cut and dried.  Chapter 33 of the Texas Penal
> Code makes unauthorized access of a computer without permission
> a crime.  It doesn't matter whether there are any damages and
> it does not require the owner of the computer to do anything
> to prevent the occurrence.
>
> Unless this has been recently changed, here are the punishments
> based on the amount of damages:
>
>    damages                   punishment
>    ------------              --------------------------------
>    none                      up to $2,000 fine
>                              up to 6 months in jail
>
>    < $1,500                  up to $4,000 fine
>                              up to 1 year in jail
>
>    >= $1,500                 up to $10,000 fine
>    < $20,000                 180 days to 2 years in a state jail
>
>    >= $20,000                up to $10,000 fine
>    < $100,000                2 - 10 years in a state jail
>
>    >= $100,000               up to $10,000 fine
>    < $200,000                2 - 20 years in a state jail
>
>    >= $200,000               up to $10,000 fine
>                              5 - 99 years in a state jail
>
> Also, "damages" includes any expenditures to determine the
> extent of damage.  Thus, it is inconceivable that any
> unauthorized access greater than a port scan would not be
> at least a Class A Misdemeanor.  Even an authorized relay
> test could be pushed into the State Jail Felony range if
> the administrator is forced to spend $1,500 or more closing
> relays as a result of the relay test.
>
> Eric Johnson
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