Fines, Jail Time, and Criminal Charges for DDoS Attacks
Distributed Denial of Service (DDoS) attacks can cripple a business in minutes. They flood websites with fake traffic, knock services offline, and disrupt entire operations. But while the technical damage is evident, many still wonder: Are DDoS attacks illegal—and what are the consequences for launching one?
The short answer: Yes, DDoS attacks are illegal in most jurisdictions. They’re classified as cybercrimes, and perpetrators can face fines, jail time, or both. Let’s break down how the law treats DDoS activity, what penalties attackers might face, and how organizations can protect themselves against these digital assaults.
What Is a DDoS Attack?
A DDoS attack overwhelms a target—usually a website, server, or network—with a massive volume of malicious traffic. This traffic often originates from a botnet: a network of hijacked devices controlled by attackers. The goal is simple—disrupt service availability.
There are different types of DDoS attacks:
- Volumetric attacks send high traffic volume to consume bandwidth.
- Protocol attacks exploit vulnerabilities in server resources.
- Application-layer attacks target specific applications or services.
Even a short DDoS campaign can lead to downtime, lost revenue, and long-term reputational harm.
Are DDoS Attacks Illegal?
Yes. In most countries, launching a DDoS attack with intent to cause damage violates multiple laws. The legality centers around unauthorized access, disruption of services, and intentional damage to computer systems.
United States
Under the Computer Fraud and Abuse Act (CFAA), initiating a DDoS attack is a federal offense. Section 1030(a)(5) makes it illegal to:
- Knowingly cause the transmission of a program, code, or command that results in intentionally causing damage to a computer system without authorization
- Impair data availability or network integrity
United Kingdom
The UK’s Computer Misuse Act 1990, amended by the Police and Justice Act 2006, criminalizes:
- Unauthorized access to computer material
- Unauthorized acts with intent to impair the operation of computers
DDoS attacks fall squarely under these definitions.
European Union
The EU Directive on Attacks Against Information Systems (2013/40/EU) mandates that member states criminalize the intentional disruption of information systems, including through DDoS attacks.
In short: Across major legal frameworks, DDoS attacks are considered cybercrimes.
What Are the Penalties for DDoS Attacks?
Legal consequences vary by jurisdiction, but penalties can include:
1. Fines
Convicted attackers may be ordered to pay substantial fines. In the U.S., CFAA violations can trigger penalties from $5,000 to hundreds of thousands, depending on damages.
2. Jail Time
- In the U.S., first-time offenders can face up to 10 years in prison.
- Repeat offenses or attacks with significant damage can lead to more than 20 years.
- In the UK, DDoS attacks can result in up to 10 years in prison.
3. Civil Lawsuits
Victims can also file civil suits against attackers to recover damages. Large corporations, financial institutions, and even small businesses have pursued this route.
Notorious Cases: DDoS Attackers Prosecuted
2024 – Largest-ever reported DDoS attack
Cloudflare mitigated the largest known DDoS attack to date in 2024. The attack lasted for 80 seconds and reached a size of 5.6 terabits per second—with 666 million packets per second at its apex. Cloudflare reported that it was linked to a broader ongoing campaign of DDoS campaigns.
2020 – “Down Them” and other Booter Sites Shut Down
The FBI shut down over 50 DDoS-for-hire websites. Authorities charged the alleged operators under the CFAA.
2018 – UK Teen Sentenced
A 17-year-old in the UK received a suspended sentence of 16 months after launching DDoS attacks on financial institutions and telecom providers, costing victims tens of thousands in mitigation costs.
What About DDoS-For-Hire Services?
Also known as booter or stresser services, DDoS-For-Hire Services let anyone pay to launch DDoS attacks. Some claim to be “legitimate stress testing” tools, but most are thinly veiled criminal services.
Using these services is also illegal. In 2023, the U.S. Department of Justice issued a warning: Paying for a DDoS attack—even without launching it—is a federal crime.
Are There Any Legal Exceptions?
DDoS attacks are never legal when directed at third-party systems without consent. However, there are two limited exceptions:
- Internal Security Testing – Organizations can simulate DDoS attacks on their own systems for resilience testing.
- Penetration Testing Services – Conducted by certified professionals under contractual terms, often called “red teaming.”
Even these scenarios require explicit permission and must follow regulatory and ethical standards.
How Can Organizations Defend Against DDoS Attacks?
DDoS attacks are becoming more common—and organizations must step up their cybersecurity practices to thwart them. According to SecurityScorecard research, global DDoS incidents increased by over 30% in 2024, with financial services and healthcare among the top targets.
To protect their systems, organizations should implement:
1. Traffic Filtering and Rate Limiting
Use firewalls and intrusion prevention systems to limit high-volume traffic and identify malicious patterns.
2. Cloud-Based DDoS Protection
Leverage services that absorb and filter traffic upstream—before it reaches your network.
3. Incident Response Planning
Have a well-documented plan that defines escalation paths, mitigation tactics, and post-attack analysis.
4. Third-Party Risk Monitoring
Attackers often target suppliers and partners to gain access to primary targets. Continuous monitoring of your digital ecosystem is crucial.
Why Legal Clarity Matters for Cybersecurity Strategy
Understanding the legal framework around DDoS attacks can help security teams:
- Justify investment in mitigation tools
- Communicate risk effectively to stakeholders
- Recognize attack attempts as criminal acts, not just technical glitches
It also reinforces the need to document incidents thoroughly. Evidence collected during and after an attack can be critical for supporting legal action.
How SecurityScorecard Supports DDoS Preparedness
SecurityScorecard empowers organizations to reduce DDoS risk through visibility and continuous monitoring. Our platform helps teams:
- Identify exposed assets and attack surfaces
- Monitor third-party vendors for risk signals
- Assess cybersecurity posture using trusted A–F security ratings
SecurityScorecard’s Supply Chain Detection and Response (SCDR) platform also provides actionable intelligence to detect risks that may lead to downstream DDoS incidents—whether directly or through compromised third parties.
Executive Summary
DDoS attacks are illegal in many jurisdictions and classified as criminal offenses under major laws like the CFAA, the UK Computer Misuse Act, and EU directives. Individuals caught launching or paying for these attacks can face severe penalties, including jail time and financial restitution.
To stay ahead of these threats, organizations must take a multi-layered approach: Deploying technical defenses, building legal awareness, and continuously monitoring their ecosystems for risk. SecurityScorecard is proud to support these efforts through real-time intelligence and third-party risk visibility.
Transform Third-Party Risk into a Supply Chain Resilience
With SecurityScorecard’s Supply Chain Detection and Response (SCDR), gain actionable insights into your vendors’ security postures. Our platform empowers you to make informed decisions, ensuring compliance and strengthening your supply chain’s cybersecurity.
