NCJ Number
38161
Journal
RUTGERS JOURNAL OF COMPUTERS AND THE LAW Volume: 5 Issue: 2 Dated: (1976) Pages: 271-295
Date Published
1976
Length
25 pages
Annotation
THIS ARTICLE FOCUSES ON SELECTED ASPECTS OF COMPUTER SOFTWARE ABUSE WHICH ARE SPECIFICALLY OR INFERENTIALLY PROSCRIBED BY STATE PENAL LAWS.
Abstract
THE ABUSES OF GREATEST CONCERN - MISAPPROPRIATION OF SOFTWARE THROUGH UTILIZATION OF A REMOTE TERMINAL OR DIRECT ACCESS TO A COMPUTATION CENTER OR SOFTWARE STORAGE FACILITY AND OBLITERATION OR BUGGING OF SOFTWARE - ARE FIRST ENUMERATED. EXISTING CASE LAW AND LEGAL THEORIES ON SOFTWARE AS PROPERTY PROTECTED BY PENAL SANCTIONS ARE THEN EXPLORED. IN ADDITION, THE STATUTES OF CERTAIN COMPUTER-INTENSIVE STATES WHICH BEAR DIRECTLY OR INDIRECTLY ON MAJOR ABUSES ARE ANALYZED. STATUTES OF CALIFORNIA, NEW YORK, NEW JERSEY, TEXAS, PENNSYLVANIA, MASSACHUSETTS, ILLINOIS, DELAWARE, FLORIDA, VIRGINIA, AND THE DISTRICT OF COLUMBIA ARE NOTED. SUGGESTED AREAS FOR FUTURE STUDY INCLUDE THE DRAFTING AND TESTING OF MODEL UNIFORM LEGISLATION BASED ON THE EXISTING STATE LAWS AND THE SEVERAL HUNDRED RESEARCHED CASES OF COMPUTER ABUSE. FOR PART TWO OF THIS ARTICLE, SEE NCJ-38162. (AUTHOR ABSTRACT MODIFIED)