NCJ Number
169412
Journal
Harvard Journal on Legislation Volume: 34 Issue: 2 Dated: special issue (Summer 1997) Pages: 373-391
Date Published
1997
Length
19 pages
Annotation
The advent of computer technology has challenged the adequacy of many areas of existing legislation, and distinguishing legislation responsive to the advent of computer technology from legislation designed to promote unrelated moral and economic agendas becomes increasingly important.
Abstract
Guidelines are presented on how to recognize broad areas where computerization necessitates new criminal legislation. Focusing first on substantive criminal law, the author identifies legislative changes required by increasing data centralization on computer systems, the intangible nature of computer data, and the speed and scale of computer activities. He then addresses several procedural and evidentiary anomalies created by the advent of computer technology. Specific areas in which computer technology renders established substantive criminal law are noted, and the use of computer systems as a criminal tool is considered. Criminal procedure issues requiring careful attention are identified, including search warrants for files stored in cyberspace, procedural protection of communications between computers, cryptography and the fifth amendment, and computer record authentication. Investigative tools needed to address computer crime are identified. 52 footnotes