NCJ Number
54886
Date Published
1977
Length
383 pages
Annotation
THE NATURE AND EXTENT OF COMPUTER CRIME IN WEST GERMANY IS ANALYZED ON THE BASIS OF EMPIRICAL MATERIAL AND LEGAL THEORY.
Abstract
SUCH CRIMES ARE PARTICULARLY DIFFICULT TO INVESTIGATE, AS MOST COMPANIES WISH TO AVOID INVESTIGATION BECAUSE OF THE POSSIBLE NEGATIVE EFFECTS ON BUSINESS. POSSIBILITIES FOR COMPUTER ABUSE OUTLINED INCLUDE ENCROACHMENT ON THE INDIVIDUAL'S PERSONAL PRIVACY, FALSIFICATION OF GOVERNMENTAL AND POLITICAL INFORMATION FOR DECISIONS, AND CRIMES AGAINST PROPERTY. PREVENTION CAN TAKE THE FORM OF SOCIAL CONTROL MECHANISMS, MEASURES WITHIN PRIVATE INDUSTRY, AND LEGAL PROVISIONS EITHER IN COMMERCIAL OR CRIMINAL LAW. COMPUTER CRIMES AGAINST PROPERTY ARE DEFINED AS MANIPULATION (INPUT, OUTPUT, PROGRAM, DATA), SABOTAGE BY DATA DESTRUCTION, COMPUTER SPYING THROUGH UNAUTHORIZED ACCESS, AND THEFT OR SABOTAGE OF COMPUTER HARDWARE. COMPUTER OFFENDERS ARE CHARACTERIZED BY YOUTH, SPECIALIZED COMPUTER KNOWLEDGE, COLLABORATION WITH OTHERS, AND JOY IN EXPLORING THE POSSIBILITIES OF COMPUTER USE, AND THE OFFENSES TEND TO INVOLVE LARGE SUMS OF MONEY. CRIME POSSIBILITIES ARE ACTUALLY QUITE LIMITED, BUT THE SAME SYSTEM WEAKNESSESS ARE FREQUENTLY USED BECAUSE OF THE MINIMUM OF EFFORT NEEDED, THE LARGE PROFITS, AND THE SMALL LIKELIHOOD OF DISCOVERY. PROTECTION AGAINST COMPUTER CRIME IS COVERED UNDER CRIMINAL LAW BY PROVISIONS FOR PROTECTION OF INDIVIDUAL PROPERTY AGAINST THEFT, FRAUD, MISUSE OF AUTOMATIC DEVICES, AND BREACH OF TRUST, AS WELL AS PROVISIONS FOR SECURITY OF LAW AND PROOF AGAINST DOCUMENT FORGERY, FORGERY OF TECHNICAL RECORDS, SUPPRESSION OF DOCUMENTS, AND ABUSE OF PUBLIC RECORDS. REFORM OF CRIMINAL LAW IS RECOMMENDED THROUGH EXTENSION OF INDIVIDUAL PROPERTY CRIMES TO: MONEY TRANSACTIONS ON PAPER AND FURTHER FORMS OF CRIMES AGAINST PROPERTY BY CREATION OF NORMS, PROTECTION OF SUPRAINDIVIDUAL PAYMENT SYSTEMS; PROTECTION OF SPECIFIC DOCUMENTS AND MATERIALS; AND GENERAL AND SPECIFIC PROTECTION OF DATA AND DATA FILES. AN APPENDIX WITH PROPOSALS OF THE COMMISSION OF EXPERTS ON WHITE-COLLAR CRIME PREVENTION, A BIBLIOGRAPHY, AND EXTENSIVE NOTES ARE FURNISHED. --IN GERMAN. (KMD)