## Facts

- Madison, Wisconsin operated a Motorola Smartnet II trunked radio network for police, fire, ambulance, and other emergency services.
- The system used a computer-controlled control channel to assign communications across multiple frequencies and organize users into talk groups; disruption of the control channel could render the system unusable.
- From January to August 2003, the city experienced intermittent outages (“no signal”/“no system”).
- On Halloween 2003, a strong interfering signal disabled the system citywide despite attempts to change control channels; Madison had tens of thousands of visitors, and disturbances occurred while agencies could not coordinate by radio.
- On November 11, 2003, the interference shifted from blocking the system to sending signals that kept channels open and appended disruptive sounds to transmissions.
- Police used direction-finding to locate and arrest Rajib K. Mitra; investigators found radio and computer equipment used to monitor and manipulate the system.
- Mitra had prior convictions (1996, 1998) for malicious hacking-related conduct.
- A jury convicted Mitra of two counts of intentional interference with computer-related systems used in interstate commerce under 18 U.S.C. § 1030(a)(5), and the district court imposed a sentence including enhancements.

## Issues

1. Whether the Smartnet II trunked public-safety radio network qualified as a “computer” and “protected computer” under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030.
2. Whether the system was “used in interstate commerce or communication” as required for a “protected computer.”
3. Whether the sentencing determinations, including enhancements tied to risk and treatment of prior convictions, were proper.

## Decision

- The Seventh Circuit affirmed the convictions and sentence.
- The court held the Smartnet II system, as operated, was a “computer” because it used high-speed data processing to perform logical and storage functions that controlled channel assignment and network configuration.
- The court held the system was a “protected computer” because it was used in interstate communication within the meaning of the CFAA.
- The court upheld the sentence, concluding the district court permissibly considered the disruption and risk created by disabling emergency communications and Mitra’s prior hacking convictions.

## Legal Principles

- Under the CFAA, the term “computer” is construed broadly to include integrated, computer-controlled communication systems that perform data-processing functions central to network operation.
- A system is not exempt from CFAA coverage merely because it transmits by radio; interference with computerized control and data-processing functions can constitute interference with a computer system.
- A “protected computer” includes a computer used in interstate commerce or communication; this element may be satisfied where the system is used as part of interstate communications activity.
- Sentencing courts may treat disabling public-safety communications as creating substantial risk and may consider relevant prior hacking convictions when applying Guideline-based adjustments and criminal history determinations.

## Conclusion

The court sustained applying the CFAA to a computerized trunked public-safety radio network and affirmed Mitra’s conviction and sentence for intentionally disrupting and manipulating the system, emphasizing the statute’s broad coverage of computer-controlled communications used in interstate communication and the sentencing relevance of the severe public-safety risk.


United States v. Mitra, 405 F.3d 492 (7th Cir. 2005)