NCJ Number
44795
Journal
Assets Protection Volume: 2 Issue: 3 Dated: (FALL 1977) Pages: 27-34
Date Published
1977
Length
8 pages
Annotation
THE PROVISIONS OF A SENATE BILL ON COMPUTER CRIME ARE NOTED, AND STATE LAWS RELATING TO MISAPPROPRIATION OF COMPUTER SOFTWARE ARE EXAMINED.
Abstract
THE FEDERAL COMPUTER SYSTEMS PROTECTION ACT OF 1977 IS THE FIRST FEDERAL LEGISLATION TO SPECIFICALLY COVER COMPUTER CRIMES. THE MAIN SECTION OF THE BILL MAKES IT A CRIME TO GAIN ACCESS TO A COMPUTER FOR CRIMINAL PURPOSES, DEFINING ACCESS TO INCLUDE SUCH PENETRATIONS AS WIRETAPPING, RADIATION, AND USING A CLANDESTINE CODE OR ANOTHER'S IDENTIFICATION OR CODE TO GAIN ENTRY INTO A SYSTEM. THE BILL ALSO APPLIES TO ELECTRONIC FUNDS TRANSFER SYSTEMS. ANALYSIS OF SOME 420 CASES INVOLVING COMPUTER ABUSE SUGGESTS THAT ACTS DIRECTED TO COMPUTER HARDWARE CAUSE FEW PROBLEMS FROM A LEGAL STANDPOINT. HOWEVER, IN CASES INVOLVING ACTS DIRECTED TO SOFTWARE ALONE, DETECTION IS OFTEN DIFFICULT, PROBLEMS ARISE IN LINKING THE ACT TO EXISTING LEGAL SANCTIONS, AND ASSESSMENT OF THE EXTENT OF DAMAGE OR LOSS OFTEN IS COMPLICATED. WHERE THE SOFTWARE REPRESENTS A CONFIDENTIAL PROPRIETARY ASSET OF THE OWNER, THEFT OF IT MAY OR MAY NOT VIOLATE STATE TRADE SECRET THEFT STATUTES. THE RELATIONSHIP OF STATE LAWS ON TRADE SECRETS, LARCENY, CREDIT CARD ABUSE (THEFT OF SERVICES OR LABOR UNDER FALSE PRETENSES), AND TELEPHONE ABUSE TO MISAPPROPRIATION OF SOFTWARE THROUGH USE OF A REMOTE TERMINAL IS ASSESSED, AS IS THE RELATIONSHIP OF STATE BURGLARY LAWS TO THE MISAPPROPRIATION OF SOFTWARE THROUGH DIRECT ACCESS TO A COMPUTER CENTER ON SOFTWARE STORAGE FACILITY. STATE LAWS REGARDING PHYSICAL DAMAGE TO ANOTHER'S PERSONAL PROPERTY AND INTERFERENCE WITH USE ARE SUMMARIZED AS THEY RELATE TO THE OBLITERATION OR BUGGING OF COMPUTER SOFTWARE.