NCJ Number
66401
Journal
RUTGERS JOURNAL OF COMPUTERS, TECHNOLOGY AND THE LAW Volume: 7 Issue: 2 Dated: (1980) Pages: 343-365
Date Published
1980
Length
23 pages
Annotation
THE NATURE AND CAUSES OF COMPUTER CRIME, THE INADEQUACY OF EXISTING STATE AND FEDERAL LEGISLATION IN DEALING WITH FORMS OF COMPUTER CRIME, AND PROPOSED FEDERAL LEGISLATION DESIGNED TO DEAL WITH COMPUTER CRIME ARE DISCUSSED.
Abstract
MANAGEMENT LAXITY, EASE OF ACCESS, LARGE PROFITS, AND LOW RISK OF DETECTION MAKE COMPUTER CRIME ATTRACTIVE TO EMPLOYEES WHOSE JOBS AND COMPUTER KNOWLEDGE MAKE IT CONVENIENT FOR THEM TO MANIPULATE COMPUTER OPERATIONS FOR PERSONAL GAIN. COMPOUNDING THE PROBLEM IS THE INADEQUACY OF EXISTING LAWS IN COVERING THE KINDS OF COMPUTER TRANSACTIONS THAT CAN DIVERT THE FUNDS OF A BUSINESS OR GOVERNMENT AGENCY TO PERSONAL GAIN. FEDERAL BILL S. 240 IS DESIGNED TO DEAL WITH THE NATURE OF COMPUTER CRIME MANIFESTED UNDER FEDERAL JURISDICTION. THE BILL EFFECTIVELY PROSCRIBES ALMOST ANY UNAUTHORIZED ACCESSING OF A COMPUTER OWNED OR OPERATED BY THE UNITED STATES, CERTAIN FINANCIAL INSTITUTIONS, AND ENTITIES AFFECTING INTERSTATE COMMERCE. SPECIFICALLY, S. 240 ARMS PROSECUTORS WITH A WEAPON AGAINST FOUR MAIN CATEGORIES OF COMPUTER CRIME: THE INTRODUCTION OF FRAUDULENT RECORDS OR DATA INTO THE COMPUTER SYSTEM; THE UNAUTHORIZED USE OF COMPUTER-RELATED FACILITIES; THE ALTERATION OR DESTRUCTION OF INFORMATION OR FILES; AND THE STEALING, WHETHER BY ELECTRONIC MEANS OR OTHERWISE, OF MONEY, FINANCIAL INSTRUMENTS, PROPERTY, SERVICES, OR VALUABLE DATA. UNDER THE BILL, THESE ACTIONS ARE PUNISHABLE BY A FINE OF UP TO TWO AND ONE-HALF TIMES THE ILLEGAL GAIN AND UP TO 15 YEARS IN PRISON. S. 240, ALTHOUGH HAVING A NUMBER OF WEAKNESSES, IS A CRITICAL FIRST STEP IN PROVIDING A STATUTE UNDER WHICH COMPUTER CRIME CAN BE UNAMBIGUOUSLY PROSECUTED. DETECTION OF THE CRIME ITSELF, HOWEVER, REMAINS A MAJOR PROBLEM. SPECIALLY TRAINED INVESTIGATORS ARE NEEDED. FOOTNOTES ARE PROVIDED. (RCB)