Policing the Internet: Legal Issues on the Information Superhighway (From Policing and the Law, P 91-104, 2002, Jeffrey T. Walker, ed. -- See NCJ-193352)

• NCJ Number: 193358
• Author(s): Robert W. Taylor; Deanne Morgan
• Date Published: 2002
• Length: 14 pages
• Sale Source: Prentice Hall Publishing
• Publication Format: Book (Softbound)
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

In this chapter, the constitutional and investigative challenges confronting police in the regulation and prevention of Internet and other computer-based crimes were examined through discussion on understanding the nature of cybercrime, constitutional issues, investigative issues, international issues, and the practical limitations on such investigations.

Abstract

In the last several years, the Internet, consisting of a worldwide network of computer systems, has grown significantly. However, laws to investigate and prevent Internet and computer-based crime are outdated and pose significant statutory limitations. Police are often caught in the middle of the debate on Internet regulation. With widespread use of the Internet, three types of cybercrimes have greatly increased: (1) crimes where computers are the targets, such as viruses; (2) crimes where the computer is just a tool; and (3) crimes committed as a result of access to or use of the Internet. Several issues stepped forward when attempting to regulate and prevent cybercrime. Constitutional issues arose in the debate over Internet regulation centered on the rights to a pure speech arena and freedom from governmental intrusion or privacy. On the other hand, investigative issues revolved around the practices of surveillance of Internet communications and the application of the FBI’s Carnivore program (Internet and data interception program). In relation to international issues, the international nature of the Internet makes investigating Internet crime and implementing regulations both complicated and impossible. There is a lack of harmonization of national computer crime laws and policies. Lastly, issues are presented in the matter of practical limitations. One of the areas that creates practical limitations for police investigations is insufficient training of individuals and organizations involved in the criminal justice and legislative systems. It is certain that in relation to computer crime investigations legal issues would change and police must understand the existing legal requirements and begin to look beyond their present jurisdiction in understanding those laws. References