." Now suppose you log on to a
computer and copy some software for yourself. You've certainly
obtained "service" (computer service) and a "thing of value" (the
software). Suppose you tell a dozen friends about your swiped
password, and let them use it, too. Now you're "trafficking in
unauthorized access devices." And when the Prophet, a member of the
Legion of Doom, passed a stolen telephone company document to Knight
Lightning at Phrack magazine, they were both charged under Sec. 1029!

There are two limitations on Section 1029. First, the offense must
"affect interstate or foreign commerce" in order to become a matter of
federal jurisdiction. The term "affecting commerce" is not well
defined; but you may take it as a given that the Secret Service can
take an interest if you've done most anything that happens to cross a
state line. State and local police can be touchy about their
jurisdictions, and can sometimes be mulish when the feds show up. But
when it comes to computer-crime, the local police are pathetically
grateful for federal help--in fact they complain that they can't get
enough of it. If you're stealing long-distance service, you're almost
certainly crossing state lines, and you're definitely "affecting the
interstate commerce" of the telcos. And if you're abusing credit cards
by ordering stuff out of glossy catalogs from, say, Vermont, you're in
for it.

The second limitation is money. As a rule, the feds don't pursue
penny-ante offenders. Federal judges will dismiss cases that appear to
waste their time. Federal crimes must be serious; Section 1029
specifies a minimum loss of a thousand dollars.

We now come to the very next section of Title 18, which is Section
1030, "Fraud and related activity in connection with computers." This
statute gives the Secret Service direct jurisdiction over acts of
computer intrusion. On the face of it, the Secret Service would now
seem to command the field. Section 1030, however, is nowhere near so
ductile as Section 1029.

The first annoyance is Section 1030(d), which reads:

"(d) The United States Secret Service shall, IN ADDITION TO ANY OTHER
AGENCY HAVING SUCH AUTHORITY, have the authority to investigate
offenses under this section. Such authority of the United States
Secret Service shall be exercised in accordance with an agreement which
shall be entered into by the Secretary of the Treasury AND THE
ATTORNEY GENERAL." (Author's italics.) [Repres