NCJ Number
99404
Journal
Criminal Law Bulletin Volume: 21 Issue: 5 Dated: (September-October 1985) Pages: 389-412
Date Published
1985
Length
24 pages
Annotation
This article describes the nature of contemporary computer crime, discusses the relevance and irrelevance of traditional criminal doctrines to serious computer crimes, and outlines Federal and State laws designed to counter specific types of computer crime.
Abstract
An analysis of typical contemporary computer crimes suggests that reliance on traditional criminal statutes covering property offenses, even though adapted through judicial interpretation, will not suffice to counter most computer abuse. An expansion of the definitions of 'property' and 'services' in the setting of theft provisions will not suffice either. The Federal Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 defines crimes and sets penalties for attempting or committing the (1) abstraction of classified, financial, or credit information from a computer, and (2) interference with a Federal computer. A provision of the 1984 Federal Comprehensive Crime Control Act strikes indirectly at a form of computer crime -- credit card fraud. Approximately 30 States have enacted comprehensive computer-crime or computer-fraud statutes that define and set penalties for various types of computer trespass, which is any form of unauthorized access to a computer, computer network, computer system, or electronic data base, regardless of the motive for the intrusion. Generally, penalties vary according to the value realized or the extent of damage inflicted. A total of 111 footnotes are listed.