NCJ Number
45106
Date Published
1978
Length
221 pages
Annotation
THE STRENGTHS AND WEAKNESSES OF THE EXISTING LEGAL APPARATUS IN INVESTIGATING AND PROSECUTING THOSE CRIMES WHICH EMPLOY THE COMPUTER AS AN ACCOMPLICE ARE EXPLORED.
Abstract
AN ESTIMATED $100 MILLION IS STOLEN ANNUALLY THROUGH COMPUTERS AS OF 1978. EXPERTS SUGGEST THAT THIS FIGURE REPRESENTS A MERE FRACTION OF THE ACTUAL AMOUNT, SINCE LESS THAN 1 PERCENT OF ALL COMPUTER CRIME IS UNCOVERED. WHEN SUCH CRIMES ARE EXPOSED, THE FELON OFTEN ESCAPES JUSTICE THROUGH A VARIETY OF LOOPHOLES WITHIN THE LAWS. THE AUTHOR ANALYZES THOSE FEDERAL AND STATE LAWS WHICH GOVERN COMPUTER CRIME AND ILLUSTRATES WHY COMPUTERS ARE SUCH EASY TARGETS FOR ABUSE. OVERBURDENED WITH RED TAPE AND OPEN TO POLITICAL PRESSURE, THE INVESTIGATORY APPARATUS IS UNABLE TO MOVE WITH THE REQUISITE FLEXIBILITY AND SPEED. MANY FEDERAL CASES ARE USUALLY TURNED DOWN BY THE JUSTICE DEPARTMENT AND NEVER MAKE THEIR APPEARANCE IN COURT. THE AUTHOR NOTES THAT IT MAKES LITTLE SENSE TO GIVE THIS DEPARTMENT SUCH VAST PROSECUTORIAL POWERS; THERE IS LITTLE EXCUSE FOR NOT ALLOWING SOME OF THE REGULATORY AGENCIES AND NONAGENCIES TO PROSECUTE THEIR OWN CRIMINAL CASES. FURTHER, THE ENTIRE PROCESS ITSELF MUST BE OPENED TO THE PUBLIC SO AS TO RID IT OF POLITICAL CORRUPTION. SHOULD IMPORTANT AND INFLUENTIAL ELEMENTS MAKE USE OF COMPUTERS TO BILK THE PUBLIC OF LARGE SUMS OF MONEY, THE INVESTIGATORY AND PROSECUTORIAL MACHINERY MIGHT EASILY LEND ITSELF TO POLITICAL MANIPULATION. THE INVESTIGATORY APPARATUS IS ALSO IN NEED OF TRAINING AND DEVELOPING PROGRAMS TO SECURE, AS WELL AS TO COMBAT, COMPUTER CRIMES. FEW PROSECUTORS, LOCAL OR FEDERAL, HAVE HAD ANY EXPERIENCE WITH THIS TYPE OF CRIME. RULES OF EVIDENCE MUST ALSO BE AMENDED TO ADAPT TO THIS NEW ERA OF TECHNOLOGICAL CRIMES. THE HEARSAY RULE POSES SERIOUS PROBLEMS. THERE IS ALSO NEED FOR LEGISLATION AT THE STATE LEVEL, SIMILAR TO THE NEW FEDERAL RULES OF EVIDENCE, WHICH SPECIFICALLY ADDRESSES ITSELF TO THE PROBLEM OF COMPUTER-RELATED CRIME. COURTS HAVE SHOWN GREAT LAXITY WHEN SENTENCING COMPUTER FELONS; THE COMPUTER FRAUDS THAT HAVE SURFACED HAVE, FOR THE MOST PART, INVOLVED UNIMPORTANT INDIVIDUALS AND RELATIVELY SMALL AMOUNTS OF MONEY. THE AUTHOR VIEWS THE PROBLEM OF COMPUTER CRIME IN THE FAILURE OF THE LAWS, JURISTS, LAWYERS, AND LAW SCHOOLS TO ADAPT TO THE NEEDS OF A CHANGING ENVIRONMENT. WITH PREDICTIONS OF CRIME POSSIBILITIES THAT WILL ACCOMPANY EVER-EXPANDING TECHNICAL CAPACITY, THE AUTHOR WARNS THAT, UNLESS THE PROBLEMS ARE DEALT WITH NOW, SOCIETY WILL BE ILL-PREPARED TO COPE WITH THE CONSEQUENCES OF INACTION. AN INDEX IS PROVIDED. (AUTHOR ABSTRACT MODIFIED).