There are important aspects of the court hearing regarding the hacker. Information provided needs to be clear and concise. 

Physical evidence is needed to proceed with the prosecution of the alleged hacker. Criminal proceedings must be proven beyond a reasonable doubt in the US and hacking is one of them. The relationship of the hacker and the incident must be established. Records concerning the hacking intrusive incidents must be available to the court, and presented in a detailed manner. The information evidence provided in court cannot be tampered with and nothing can be considered deleted.

The information should be understood clearly by the judge and jury as no one is a computer aspect in the courts. Summary of the evidence should be done in such a way as to be completely and easily understood within the court along with the evidence that was seized during the search.” Expert testimony is necessary to prove that the alleged hacker is the one who perpetrated the intrusion. An expert’s findings, conclusions and opinions are the under pinning of the entire case” (Kremen). The investigation must be historically forensic and detailed within the boundaries of collected information; as it is both necessary and imperative in its value to the case.

There have been laws established according to federal guidelines—- which have established the authority and prosecution of hacking cases. The computer fraud and abuse act of 1984 states today that is a crime knowingly to” access a federal commuter without authorization to obtain certain defense, foreign relations, financial information, or atomic secrets. It is also a criminal offense to use a computer to commit fraud, to “trespass” on a computer, and to traffic in unauthorized passwords… In 1986, Congress also passed the Electronic Communications Privacy Act of 1986, 18 U.S.C.§§2510-20, §§2710-20 (1992” ) ( Kremen).

The serious of the offense is measureable by data, service, or equipment which has been altered or damaged, taken and or destroyed. Fraudulent acts to a computer in regards to theft is considered a crime and is recognized as a crime. . Every state has enacted a computer crime statue in consideration of the hacking criminal acts which have continued in various states across the nation. “Victims are entitled to compensatory and punitive damages, as well as the costs of investigation and litigation (including attorney’s fees). Hackers may also be prosecuted under a state statute that corresponds roughly with the ECPA” (Kremen).

Kremen, S. Apprehending the computer hacker: The collection and use of evidence. Computer

Forensics Online. Retrieved June 19th, 2008 from http://www.shk-

dplc.com/cfo/articles/hack.htm