NCJ Number
132935
Journal
Vanderbilt Law Review Volume: 43 Issue: 2 Dated: (March 1990) Pages: 453-490
Date Published
1990
Length
38 pages
Annotation
The Computer Fraud and Abuse Act of 1986 addresses several of the criticisms of the 1984 law on the same subject. It does not include an alternative policy on deterrence which may have weakened the deterrent impact of other changes.
Abstract
The 1984 law was the first Federal statute prohibiting specific acts involving the use of a computer, but it focused on a few relatively narrow areas. The law received criticism for many substantive and structural defects. The 1986 law was designed to facilitate prosecution and increase punishments for computer crime. It also helped to clarify the concepts of property and privacy in relation to computer technology, thereby educating potential misusers. However, its deterrent effect would be increased if Congress enacted legislation requiring businesses and other computer operators to use "guards" or "locks" and to report any computer crimes committed against them. The enhanced security measures would both prevent computer crime and improve users' ability to detect it, while the reporting requirement would both complement the security measures and generate useful data on the incidence of computer crime and how to deter it most effectively. 316 footnotes