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Perspectives from FSF Scholars

October 26, 2026

 


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Combating Malicious Attacks on Communications Infrastructure:

Lessons From Maryland’s New Law

 

by

 

Kathy Sanchez

[Below is the Introduction and Summary to this latest FSF Perspectives. A PDF version of the complete Perspectives, with Further Readings, is here.]

 

Introduction and Summary

 

On October 7, 2026, U.S. Senators from California and Missouri announced bipartisan legislation to combat theft and vandalism against communications infrastructure. The Combating Critical Infrastructure Vandalism Act, HB 1100, is part of broader efforts across the nation to address malicious attacks on communications networks. At the federal level, existing law criminalizes damage to communications infrastructure operated or controlled by the federal government without addressing attacks more broadly against privately owned infrastructure.

 

States are also responding to attacks on wireless and broadband infrastructure. Many legislative efforts focus on increasing criminal penalties in response to the substantial social and private costs of service disruptions, which can far exceed the value of stolen or damaged materials. In October 2026 Maryland’s new law took effect, making it part of a growing number of states addressing these crimes.

Ultimately, a multi-pronged approach is essential to deterring crime and holding offenders accountable. Swift investigation, arrest, and prosecution, combined with cooperation between law enforcement and proactive communications service providers, offers a more promising path to deterring infrastructure attacks than simply enacting lengthy maximum prison sentences and burdensome business regulations.

 

Rather than simply enacting harsh criminal penalties alone or heavy-handed, costly requirements on businesses, policymakers should also prioritize the investigation and prosecution of infrastructure crimes and cooperation with service providers. New laws should be tailored to reduce crime without imposing unnecessary costs on taxpayers or businesses. These are factors that other statehouses considering similar laws and Congress should weigh carefully.

 

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