Is ddosing a felony?
In recent years, the term "ddosing" has gained popularity in online gaming communities, referring to the act of using automated tools to take control of a player’s game, often resulting in the forced disconnection of the genuine player. As ddosing becomes a growing concern in the gaming industry, it raises important questions about the legality of this practice.
What is ddosing?
Ddosing, or distributed denial-of-service, is a type of attack where an attacker overwhelms a target with a vast amount of traffic, with the intention of rendering it unavailable to its intended users. In the context of online gaming, ddosing involves using automated tools to flood a game’s server with fake player requests, forcing the genuine players to disconnect. This can result in players missing out on critical moments of gameplay, losing their online progress, and suffering frustration and financial losses.
Is ddosing illegal?
The legality of ddosing varies depending on the jurisdiction and the context in which it is carried out. In the United States, ddosing can be considered a felony offense if it is perpetrated using sophisticated tools and networks to execute the attack.
Laws and regulations in the United States
In the United States, ddosing is generally considered a violation of criminal laws and regulations, specifically:
- 18 USC § 1030 – Fraud and related activity in connection with computers: This federal law makes it a crime to intentionally access a computer without authorization or exceeding authorized access.
- 18 USC § 1505 – Obstruction of proceedings before departments, agencies, and courts: This law prohibits individuals from impeding or attempting to impede the lawful function of federal agencies, including those that regulate online gaming.
The Computer Fraud and Abuse Act (CFAA) is another relevant piece of legislation that addresses online criminal activity, including ddosing. The CFAA defines various offenses, including:
- Illegal access: unauthorized access to a computer system, device, or network.
- Exceeding authorized access: accessing a system, device, or network without permission, exceeding permissions, or bypassing security measures.
- Trafficking in unauthorized access devices: distributing or marketing tools designed to bypass or compromise computer security.
In addition to federal laws, many states have enacted their own legislation to combat cybercrime, including ddosing. For example, in California, Penal Code § 519.5 makes it a felony to engage in the unauthorized access of a computer system, device, or network.
Jurisdictional complexities**
While ddosing may be illegal in the United States, it’s essential to consider jurisdictional complexities:
* **Cross-border issues**: ddosing attacks often involve servers and infrastructure located in multiple countries. Prosecuting individuals or entities based in another country may present challenges, especially if their laws do not explicitly address ddosing.
* **International agreements**: efforts are underway to develop international treaties and agreements to address the growing problem of cybercrime, including ddosing.
Criminal and civil penalties**
**Criminal penalties**:
* **Felony charges**: ddosing can result in felony charges, leading to imprisonment for up to five years, fines, and restitution.
* **Fine and imprisonment**: fines may range from $10,000 to $500,000, and imprisonment for up to 20 years.
**Civil penalties**:
* **Monetary damages**: victims of ddosing may be able to recover monetary damages, such as lost profits, opportunity costs, and compensation for emotional distress.
* **Injunctions**: courts may issue injunctions prohibiting the perpetrator from engaging in further illegal activities, such as ddosing.
**Example cases**
Several notable cases have been brought to justice for ddosing:
| Case | Charges | Punishment |
| — | — | — |
| **Scott Olson and Brielle Markowitz** (2014) | Conspiring to engage in a DDOS attack against a competitor’s gaming service | 10 years probation, 200 hours community service, and $7,500 fine |
| **Matthew Morgenfeld** (2016) | Unlawful distribution of malware used for ddosing | 15 months imprisonment, 1 year supervised release, and a $1,000 fine |
| **Daniel Kellett and others** (2020) | Conspiracy to hack and ddos a company’s servers | 11 months imprisonment, 12 months supervised release, and a $5,000 fine |
**Conclusion**
In conclusion, while ddosing is illegal in many jurisdictions, including the United States, the legality and penalties associated with it depend on the specific context and jurisdiction. It’s crucial for online gamers and communities to understand the laws and regulations surrounding ddosing, as well as the risks and consequences of engaging in this illegal activity.
* **Remember**: ddosing is a serious violation of criminal laws and regulations, and those caught engaging in this activity may face felony charges, fines, imprisonment, and civil penalties.
