NCJ Number
52866
Date Published
1978
Length
215 pages
Annotation
THE CENTRAL DOCTRINES OF THE COMMON LAW IN THE AREAS OF INTELLECTUAL PROPERTY, PRIVACY AND CONTRACT LAW ARE EXAMINED IN THEIR APPLICATION TO COMPUTERS IN THE CASE LAW.
Abstract
THE USE OF COMPUTERS TO RELIEVE HUMAN BEINGS OF THEIR INTELLECTUAL RATHER THAN PHYSICAL BURDENS IS A SIGNIFICANT DIFFERENTIATION FROM THE CHARACTERISTICS OF OTHER MACHINES. BECAUSE LEGAL DOCTRINES WERE DEVELOPED BEFORE COMPUTER USAGE IN THE FIELDS OF BUSINESS AND INDUSTRY, THE DEVELOPMENT OF COMPUTERS REQUIRES AN ALTERATION OF THE TRADITIONAL DOCTRINES. THE OLD RULES OF EVIDENCE AND INTELLECTUAL PROPERTY, HAVE BECOME ARCHAIC IN DEALING WITH HARDWARE AND PROGRAMS. THE COMPUTER USER STILL MUST BE AWARE OF THE PRESENT LAWS AND THEIR MORE RECENT INTERPRETATIONS BY THE COURTS. THE DISCUSSION OF DECIDED CASES AND LEGISLATION EMPHASIZES THE OPERATION OF LEGAL RULES RELEVANT TO THE COMPUTER INDUSTRY. EXAMPLES OF THE APPLICATION OF THE LAW TO THE USE OF COMPUTERS ARE TAKEN FROM THE NATIONS WHICH HAVE A COMMON LAW TRADITION, IN PARTICULAR THE UNITED STATES AND THE UNITED KINGDOM. LEGAL DOCTRINES FORMING THE LAW OF CONTRACT AND TORT ARE CONCENTRATED UPON BECAUSE OF THE DEGREE OF CONGRUITY BETWEEN THEIR APPLICATIONS IN THESE NATIONS. SPECIAL AND LOCAL RULES COVERING TAXATION, BANKING, AND COMMUNICATIONS ARE DISCUSSED IN THE CONTEXT OF THEIR RAMIFICATIONS FOR COMPUTER USERS. ALTHOUGH TRADITIONAL CONCEPTS APPLY TO CRIMES INVOLVING THEFT OR MALICE IN WHICH A COMPUTER MAY FACILITATE THE CRIMES, NEW DIMENSIONS OF LEGAL DOCTRINE MIGHT BE CREATED FROM THE USE OF COMPUTERS IN CRIMES OF LIBEL; E.G., UNAUTHORIZED DISCLOSURE OF PERSONAL DATA, TRADE SECRETS, AND TECHNICAL INFORMATION. THE STATUS OF THE LAW CONCERNING BOTH COMMERCIAL AND PERSONAL PRIVACY IS DISCUSSED WITHIN THE COMPUTER OPERATIONS CONTEXT. ALTHOUGH MANY OF THE CRIMES COMMITTED WITH THE USE OF COMPUTERS ARE SIMPLE EXTENSIONS OF THEFT OR FRAUD DOCTRINE, LAW ENFORCEMENT AGENCIES WILL HAVE TO INCREASE THEIR OWN SOPHISTICATION IN ORDER TO DETECT AND APPREHEND MANY OF THE PERPETRATORS. THE REMEDIAL MEASURES FOR VICTIMS OF COMPUTER-ASSISTED CRIMES ARE EXAMINED, AS ARE THE DIFFICULTIES OF USING COMPUTER DATA AS LEGAL EVIDENCE. TABLES OF STATUTES, CASES, REPORTS, AND SOURCES AND ABBREVIATIONS ARE PROVIDED. A SELECT BIBLIOGRAPHY, AND INDEXES OF NAMES AND CONCEPTS ARE INCLUDED. (TWK)