NCJ Number
98194
Journal
Jurimetrics Journal Volume: 25 Issue: 3 Dated: (Spring 1985) Pages: 300-318
Date Published
1985
Length
19 pages
Annotation
This article outlines both Federal and State statutes that can be used to prosecute information and computer-related crimes, discusses jurisdictional issues, and reviews the advantages and disadvantages of criminal prosecution.
Abstract
A summary of the provisions of the Computer Fraud and Abuse Act of 1984 comments that it gives a limited class of victims at least some form of redress pending passage of one of the committee-locked bills introduced every session since 1977. Other areas where Federal laws can be used to prosecute computer crime are discussed: criminal infringement of copyright, interstate transportation of stolen property, mail and wire fraud, embezzlement, and the Racketeer Influenced and Corrupt Organizations (RICO) statute. Also addressed are proposed Federal laws relating to computer fraud and Federal regulation of computer bulletin boards. The paper reviews statutes common to States that can be applied to computer crime: theft and larceny, theft of trade secrets, RICO laws, and special computer crime laws that over half the States have passed. In the latter area, the paper describes the laws enacted by California, Pennsylvania, and New Mexico. Areas where Federal law preempts State statutes are explored, notably copyright and patent law. Other factors which should be considered when deciding where to prosecute a computer crime case are examined, including legal resources available and the case's complexity. The discussion of the positive and negative effects of prosecution focuses on the victim's perspective, the impact of a criminal prosecution on litigation expenses and recovery, and collateral liability. A list of State computer laws and over 20 references are appended.