Tracking down the source of the attacks is a daunting task because so many computers are involved and the perpetrators likely took precautions to hide their paths. It can be very painful. It really depends on how paranoid the guy is being. The task could be even more difficult if the culprits are based outside the United States. Deputy Attorney General Eric Holder said the FBI has no information so far to indicate that is the case, but investigators won't know for sure until they trace the attacks to their source.
Hackers know that using foreign servers and platforms is a great way to hide their identity.
If the person responsible lives outside the United States, the Computer Fraud and Abuse Act would likely still apply because U.S. computers were used in the attacks, said Ron Dick, chief of the computer investigations at the FBI's National Infrastructure Protection Center. Once the person is caught, prosecutors will then have to not only prove that the culprit was responsible for sending the flood of requests, but that he or she did so with in the intent to willfully or recklessly cause damage. The type of attack suspected is considered a federal crime that carries a maximum sentence of five years in prison for first-time offenders and up to 10 years for repeat offenders. However, the FBI could conceivably slap dozens of charges on the perpetrators because there have been so many attacks. But investigators first will have to catch the attackers.