NCJ Number
95507
Date Published
1984
Length
34 pages
Annotation
Legislation introduced to make computer crimes a Federal offense is discussed, and the scope of computer abuse is examined.
Abstract
Potential liability sources are identified, including disasters, thefts and abuses, negligent acts, contractual disputes, and consumer-connected disputes. Factors affecting the operations of an electronic data processing system are discussed, including the manner in which data are collected, type of information collected, manner in which the data are disseminated, and steps taken to secure the data. States with computer crime laws are listed, and a profile of the typical computer felon is provided: he is usually male, between 15 and 45 years old, and without a prior criminal record. Management's privacy concerns are enumerated, and legal concerns are explored. Some of the major regulatory concerns that impact primarily on the financial sector are considered; for example, the ability of the Comptroller of the Currency to exert regulatory powers regarding unfair or deceptive practices, misleading advertising, diversion of income, and limiting access to competition is noted. Steps that management can take to limit its legal exposure are listed and include assessing the risk to its computer operations, establishing a computer security program, using periodic audits, and enacting an inhouse code of ethics. An affidavit of password receipt is included. Four tables, 52 references, and a glossary are provided. Two appendixes and a list of 19 suggested readings are attached.