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Computer Crime and Punishment - The View From the DA's Office

NCJ Number
97792
Journal
Information Stategy - The Executive's Journal Volume: 1 Issue: 2 Dated: (Winter 1985) Pages: 11-15,17
Author(s)
J Gish
Date Published
1985
Length
6 pages
Annotation
In an interview, Philadelphia District Attorney Edward G. Rendell explains the complex legal issues involved in computer crime and its prosecution.
Abstract
Among problems associated with combating computer crime are (1) the lack of public interest in this nonviolent crime and the attitude that prosecution is sufficient punishment of such crimes, (2) the need to assign priority to violent crimes, and (3) hesitancy on the part of victimized companies to report computer crime. The difficulties posed for law enforcement officers as a result of the lag between the development of computer technologies and the legislative response needed to deal with their control also is discussed, together with problems in defining computer crime in terms of existing law. Some of these problems should be alleviated by the Pennsylvania statute which makes accessing without proper authority a crime in and off itself. Passage of the Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 will lead to dual Federal/State jurisdiction and investigation. Rendell suggests that companies report computer-related crime to the District Attorney, have adequate security, and create a watchful climate that will act as a deterrent. Additional considerations in the decision by companies to prosecute these crimes are examined. These include cost, use of effective investigation techniques, deterrence, minimizing and compensating for damage, civil liability, and availavility of legal resources.