NCJ Number
178078
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 397-444
Date Published
1999
Length
48 pages
Annotation
This article describes developments in criminal law and legal literature on computer-related crimes; analyzes Federal, State, and international approaches to computer crime legislation and enforcement; and reviews recent developments in these areas.
Abstract
The first section defines computer-related crime, discusses the different forms it can take, and explores the extent of the problem. Further sections describe the Federal laws used for prosecuting computer crimes; analyze their defenses, sentencing, and enforcement strategies; examine State approaches to addressing computer crime and the resulting federalism issues; address international approaches; and discuss emerging issues. The discussion notes that the aggregate losses to businesses and governments are estimated to be in the billions of dollars, although accurate statistics are not available due to the difficulties in defining computer crimes and to victims' lack of reporting of incidents. It also notes that four issues currently receiving much attention are jurisdiction over commerce on the Internet, efforts to increase enforcement of laws on computer crimes, the Child Online Protection Act passed by Congress in 1998 and currently under a court injunction to stop enforcement, and the encryption debate. Footnotes