NCJ Number
100959
Journal
Buffalo Law Review Volume: 33 Issue: 3 Dated: (1985) Pages: 777-814
Date Published
1985
Length
38 pages
Annotation
New York's most promising legislative response to computer crime would be the modification of related existing legislation and the drafting of new provisions to address only the unique aspects of computer crime.
Abstract
Completely new computer-crime legislation is widely advocated in New York. This would involve adopting legislation in New York. This would involve adopting legislation which treats computer crime as a distinct offense. Another option, however, is to amend existing statutes to address new situations created by new computer technology. This involves assessing what computer-related actions should be deemed criminal and what sanctions are appropriate for each criminalized act. Legislators must also consider the rapidity with which computer technologies are developing, so that any legislation will be broad enough to address potential abuses occasioned by future technology. The legislation should be careful not to criminalize the noninjurious use of computers. Most of the current concern about computer crime pertains to the risk of monetary loss, which is a theft offense. Computers could be vehicles for extortion, sabotage, theft of services, or possibly murder, but these injurious effects are criminalized in existing statutes. Present statutes, suitably expanded by the inclusion of computer terms, should prove adequate. 205 footnotes.