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Under 18 U.S.C 1030, subsection (a)(5)(A) it is a criminal offense to:"knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer". Knowingly setting up a buffer overflow attack would fall under this description.

Under 18 U.S.C (c)(4), the penalty would be: "a fine under this title, imprisonment for not more than 5 years, or both"

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