A denial-of-service (DoS) attack is a malicious attempt to disrupt a network, service or website. The main goal is to overwhelm the target’s resources, making them unavailable to regular users. Flooding the target with an enormous volume of traffic or requests typically achieves this goal.
The Computer Fraud and Abuse Act considers a DoS attack a federal crime if it damages a protected computer. This can include any damage to the quality or use of data, a program or a system. However, high-volume traffic resulting from a misconfigured network monitoring program or a poorly coded app can also cause the same damage.
What is the difference between a DoS attack and simple high-volume traffic?
The key difference lies in intent and pattern. While both may overwork a server, they have notably different characteristics:
- Patterns and behavior: Normal high-traffic events, such as a popular website getting busy due to a major announcement, show gradual increases and decreases. The traffic originates from many diverse sources. In contrast, DoS attacks often show sudden, huge spikes in traffic from a few sources, with odd traffic patterns.
- Content of requests: Legitimate traffic consists of normal requests for website content or services. During a DoS attack, requests often don’t make sense or have no real purpose. They may also be the same requests sent over and over, intending to overload the server. For example, an attacker may send thousands of requests per second to load a large image file or send incomplete requests that force the server to wait for more data that never comes.
- Duration and persistence: Normal high-volume traffic usually subsides naturally. However, DoS attacks keep going until the attacker stops or the target uses effective countermeasures.
Note that accidental overloads or poor network management are not criminal acts. Michigan laws specifically require willful, unauthorized access or disruption for courts to consider an act criminal.
However, ignorance of the law or unintended consequences do not always provide a defense. If someone knowingly takes part in an action that results in a DoS attack, they may still face legal consequences.
Seek help in clarifying the line
If you’re facing charges related to internet fraud, such as DoS attacks, it’s crucial to understand your rights and options. Consider working with a criminal defense attorney to figure out your next steps.