COMPUTER CRIMES
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| Udgivet i: | The American Criminal Law Review vol. 45, no. 2 (Spring 2008), p. 233-274 |
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| Hovedforfatter: | |
| Andre forfattere: | , |
| Udgivet: |
Georgetown University Law Center
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| Fag: | |
| Online adgang: | Citation/Abstract Full Text Full Text - PDF |
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| Resumen: | 4 To combat these new criminal behaviors, Congress passed specialized legislation.5 Experts have had difficulty calculating the damage caused by computer crimes due to: the difficulty in adequately defining computer crime;6 victims' reluctance to report incidents for fear of losing customer confidence;7 the dual system of prosecution;8 and, the lack of detection.9 In 2006, DOJ's Bureau of Justice Statistics and the Department of Homeland security's National Cyber security Division began a joint effort to estimate the number of cyber attacks and the number of incidents of fraud and theft of information.10 B. Types of Computer-Related Offenses 1. [...] many crimes are driven by personal profit or malice.16 These types of crimes were frequently committed by juveniles, disgruntled employees, and professional hackers as a means of showing off their skills.17 Disgruntled employees are widely thought to pose the biggest threat to company computer systems.18 Teenage hackers remain a problem as well.19 Courts have had a hard time finding appropriate punishments for teenage hackers.20 In recent years, more of these crimes have been committed for financial gain.21 a. Spam Spam is unsolicited bulk commercial email from a party with no preexisting business relationship.22 In 2003, the Senate estimated that spam would account for more than 50% of global email traffic by the end of the year.23 Additionally, hackers often use spam as a way of distributing viruses, spyware, and other malicious software.24 b. Viruses A virus is a program that modifies other computer programs, causing them to perform the task for which the virus was designed.25 It usually spreads from one host to another when a user transmits an infected file by e-mail, over the Internet, across a company's network, or by disk.26 c. Worms Worms are like viruses, but they use computer networks or the Internet to self-replicate and "send themselves" to other users, generally via e-mail, while viruses require human action to spread from one computer to the next.27 Worms have far more destructive potential than viruses because they can spread so much faster.28 d.\n388 Moreover, what constitutes "acceptable" speech in the various countries on the information super-highway differs greatly. [...] thirty-nine countries have signed the Council of Europe's Treaty on Cybercrime.401 The Treaty requires parties to: (i) establish substantive laws against cybercrime; (ii) ensure that their law enforcement officials have the necessary procedural authorities to investigate and prosecute cybercrime effectively; and (iii) provide international cooperation to other parties in the fight against computer-related crime.402 While the United States has already signed the treaty, the Senate still must ratify the treaty in order to give it effect in the United States.403 Second, the United States participates in the Subgroup on High-Tech Crime at G-8's Lyon Group.404 One accomplishment of the Subgroup is the development of a network that lets law enforcement authorities of member nations contact each other for rapid assistance in investigating computer crime and preserving electronic evidence.405 In addition to increased multinational governmental cooperation, international organizations and private corporations are also working to combat international computer crimes by contributing to the drive to harmonize national legislation.406 For example, the Business Software Alliance, a software industry trade group, has an international copyright enforcement program involving national software trade associations and law enforcement agencies.407 Nonetheless, international efforts have been mixed. |
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| ISSN: | 0164-0364 0271-4574 0002-8118 |
| Fuente: | Criminal Justice Database |