...Chapter 22 COMPUTER CRIME: PORNOGRAPHY, FRAUD, HACKING AND GAMBLING CHAPTER SUMMARY The Internet, a relatively recent phenomenon, has caused a change in how laws may or may not apply to formerly traditional situations. Furthermore, the Internet has allowed criminals to perpetrate crimes that could not exist but for cyberspace. Chapter 22 examines computer crime and the statutes enacted to combat this growing problem as well as the erosion of our personal privacy. Freedom of speech, online gambling and cybermedicine issues are also examined in light of contemporary applications and influences resulting from the Internet. CHAPTER OUTLINE I. COMPUTER CRIME AND CYBERCRIME A. Definitions 1. Computer crime consists of crimes involving: • Computers • Computer systems • Computer applications. 2. Cybercrime consists of computer crime that takes place in cyberspace 3. The Internet facilitates a number of opportunities for crimes to occur. 4. Typical cybercrime abuses include: • Hacking • Spreading of viruses • Fraud • IP theft • Appropriation of trade secrets • Defamation B. The USA Patriot Act, 2001 1. The USA Patriot Act provided significant new powers to federal law enforcement agencies. ...
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...COMPUTER CRIME OUTLINE SUBSTANTIVE COMPUTER CRIMES I. Intro A. Categories of Substantive Computer Crime Law 1. computer misuse crimes = intentional interference w/proper functioning of computers (hackers, viruses) 2. traditional crimes = traditional criminal offenses facilitated by computers (gambling, pornography) B. Computer Crime v. Traditional 1. computer crime usually threatens economic interests more than physical 2. computer crime much more likely to cross state boundaries; most traditional crime is dealt with by the states II. COMPUTER MISUSE CRIMES A. 2 ways they can occur 1. user exceeds his own privileges a. “insider”: has some privileges/rights 2. user denies privileges to others b. may be an “outsider”: no access rights B. Most Common Statutes 1. unauthorized access statutes 2. computer fraud statutes 3. computer damage statutes C. Why Punish? 1. utilitarian: deterrence of harmful conduct, incapacitation, rehabilitation (looks forward) 2. retribution: just deserts; restore moral order (looks back) D. The Hacker Ethic: an open and free approach to using and exploring computers; any computer user has the right to tinker with and improve any computer; rules governing access should NOT be followed 1. misuse can improve security E. How or When to Punish 1. Property-based view: the computer is not yours, so if you break in you should be...
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