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Offense

Phishing

Cyber and Technology-Enabled Offenses

Phishing is the offense of using fraudulent electronic communications, typically emails, text messages, or fake websites designed to impersonate a legitimate organization, to deceive a victim into revealing sensitive information such as passwords, financial account details, or other personal data, or into installing malicious software. The offense is generally prosecuted under a jurisdiction's existing computer-fraud, wire-fraud, or identity-theft statutes rather than under a single dedicated phishing law, since its legal structure, obtaining something of value through deception, fits within the established elements of fraud even though the method of deception is specifically digital and impersonation-based. Phishing is commonly studied as the entry point for a substantial share of other cybercrime, since credentials or financial information obtained through a successful phishing attack are frequently used to commit identity theft, unauthorized computer access, or direct financial fraud, making the offense a foundational technique within the broader cybercrime ecosystem rather than an end in itself. More targeted variants, including spear phishing, directed at a specific individual or organization using personalized information to increase credibility, and business email compromise, impersonating a company executive or vendor to induce a fraudulent wire transfer, are recognized as more sophisticated and financially damaging forms of the same underlying deceptive technique.

Facts
Classification Code
In the United States, phishing has been prosecuted under the CAN-SPAM Act of 2003, under which Jeffrey Brett Goodin became the first defendant convicted by a jury in January 2007. 1
Typical Penalty
Facing a possible 101 years in prison for his CAN-SPAM violation and other counts including wire fraud, the unauthorized use of credit cards, and misuse of AOL's trademark, phisher Jeffrey Brett Goodin was ultimately sentenced to serve 70 months. 1
Elements of Offense
Phishing techniques and vectors include email spam, vishing (voice phishing), spear phishing and whaling, smishing (SMS), quishing (QR code), cross-site scripting, and man-in-the-middle attacks against two-factor authentication. 1
Notable Example
In the July 2020 Twitter breach, attackers posing as helpdesk staff phoned employees and directed them to submit their credentials to a fake VPN login page. 1
Jurisdiction Variation
In the United Kingdom, the Fraud Act 2006 folds phishing into a general fraud offense punishable by up to ten years in prison and separately criminalizes developing or possessing phishing kits, a broader statutory approach than the narrower, proposed US Anti-Phishing Act of 2005. 1
Classification
Offense Grade
Minor or Summary Offense 1
Connections

Associated With

Source Wikipedia: Cybercrime

Has Offense Grade

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Phishing (Wikipedia)
Wikipedia
  • lead paragraph, first sentence
    Phishing is a form of social engineering and a scam where attackers deceive people into revealing sensitive information or installing malware such as viruses, worms, adware, or ransomware.
  • Legal responses section, Goodin paragraph
    In January 2007, Jeffrey Brett Goodin of California became the first defendant convicted by a jury under the provisions of the CAN-SPAM Act of 2003.
  • lead paragraph, techniques list
    Phishing techniques and vectors include email spam, vishing (voice phishing), targeted phishing (spear phishing, whaling), smishing (SMS), quishing (QR code), cross-site scripting, and MiTM 2FA attacks.
  • Legal responses section, UK Fraud Act sentence
    In the UK, the Fraud Act 2006 introduced a general offense of fraud punishable by up to ten years in prison and prohibited the development or possession of phishing kits with the intention of committing fraud.
  • 2020s section, Twitter breach paragraph
    Posing as helpdesk staff, they called multiple Twitter employees, directing them to submit their credentials to the fake VPN website.
  • Legal responses section, Goodin sentencing
    Facing a possible 101 years in prison for the CAN-SPAM violation and ten other counts including wire fraud, the unauthorized use of credit cards, and the misuse of AOL's trademark, he was sentenced to serve 70 months.
  • In Group: Phishing and Social Engineering, Lead sentence
    Phishing is a form of social engineering and a scam in which attackers deceive people into revealing sensitive information or installing malware.
View the Source
Wikipedia: Cybercrime
Associated With: Cybercrime, Lead and law-enforcement sections
Quote, Associated With: Cybercrime, Lead and law-enforcement sections
Cybercrime encompasses a wide range of criminal activities that are carried out using digital devices and/or networks.
View the Source
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