NCJ Number
158560
Date Published
1980
Length
179 pages
Annotation
This hearing focuses on S. 240, the Computer Systems Protection Act of 1979, which would amend title 18, U.S. Code, to make a crime the use, for fraudulent or other illegal purposes, of any computer owned or operated by the United States, certain financial institutions, and entities that affect interstate commerce.
Abstract
The opening statement of Senator Hatch of Utah expresses his two major concerns about S. 240. First, is the legislation necessary, or does it duplicate other provisions of the U.S. Code? Senator Hatch notes that there are 40 sections of the U.S. Code that have direct application to Federal prosecutions of computer abuse. Second, the bill could be a significant expansion of Federal jurisdiction into areas that should be handled by the States. Senator Laxalt expresses four areas of concern about the bill. They pertain to the expansion of Federal jurisdiction; whether the legislation is needed, given the low incidence of computer-related crime; does the legislation confuse the instrument of a crime with the crime itself; and whether the legislation properly defines the context in which a computer may be viewed as a possible instrumentality of criminal acts. Testimony is presented by Colorado's attorney general, a professor of computer science, a computer programmer, and the chairman of the board of the National District Attorney Association. All have reservations about the legislation for reasons similar to those expressed by the two senators. Appended text of the bill, prepared statements, and exhibits