NCJ Number
227151
Journal
American Criminal Law Review Volume: 46 Issue: 2 Dated: Spring 2009 Pages: 315-358
Date Published
2009
Length
43 pages
Annotation
This article discusses Federal, State, and international developments in computer-related criminal law.
Abstract
The article’s introductory section first presents the U.S. Department of Justice’s (DOJ’s) broad definition of “computer crime” as “any violations of criminal law that involve a knowledge of computer technology for their perpetration, investigation, or prosecution.” The introduction then reviews types of computer-related offenses. DOJ divides computer-related crimes into three categories according to the computer’s role in the crime. In one type of computer-related crime, a computer is the “object” of the crime (e.g., the theft of computer hardware or software). In another type of computer-related crime, a computer may be the “subject” of a crime. In this type of crime, the computer and its functioning are attacked through such criminal means as unsolicited bulk commercial e-mail (“spam”), “viruses,” “worms,” and “Trojan horses.” In a third type of computer-related crime, a computer may be an “instrument” used to commit traditional crimes, which can include identity theft, child pornography, and copyright infringement. Following the introductory section, the article presents a section on constitutional issues related to computer crimes. Constitutional issues related to computer crimes usually relate to the first amendment or the fourth amendment. Federalism issues may also be involved, notably how much the Federal Government can regulate intrastate behavior under the Commerce Clause of the U.S. Constitution. This is followed by a section that describes Federal approaches for prosecuting computer crime and analyzes enforcement strategies for such crimes. Topics addressed are Federal sentencing guidelines for computer crimes, relevant Federal statutes, enforcement programs, and technology used in enforcement. This is followed by a section that examines State approaches to countering computer crimes and the potential involvement of federalism issues. The concluding section of the article addresses international approaches to the regulation of computer crimes. 415 notes