NCJ Number
54987
Journal
COMMERCIAL LAW JOURNAL Volume: 83 Issue: 3 Dated: (MARCH 1978) Pages: 139-144,149
Date Published
1978
Length
7 pages
Annotation
LEGAL PROBLEMS THAT MAY ARISE IN A 'CASHLESS SOCIETY' DOMINATED BY AN ELECTRONIC FUND TRANSFER SYSTEM (EFTS) ARE EXPLORED, WITH REFERENCE TO CASE LAW PERTAINING TO COMPUTER-RELATED CRIME.
Abstract
EFTS REFERS TO THE TRANSFER OF DATA ABOUT FUNDS OVER COMMUNICATION NETWORKS, STARTING WITH INPUT FROM A TERMINAL AND CULMINATING IN A COMPUTERIZED BOOKKEEPING TRANSACTION AT SOME CENTRAL FUNDS-TRANSFER STATION, USUALLY A BANK. UNDER SUCH A SYSTEM, DIRECT TRANSFER OF FUNDS FROM BUYER TO SELLER, EMPLOYER TO EMPLOYEE, OR CONSUMER TO MERCHANT IS POSSIBLE. EFTS ALREADY IS PRESENT IN THE FORM OF AUTOMATED TELLER MACHINES AND AUTOMATED CLEARINGHOUSES (ELECTRONIC REPLACEMENTS FOR BANK CHECK-CLEARING FACILITIES). COMPUTER TECHNOLOGY HAS MADE EFTS POSSIBLE, BUT THE SAME TECHNOLOGY ALSO MAKES EFTS VULNERABLE TO CRIMINAL ATTACK. AT EVERY STAGE OF THE COMPUTER OPERATION--INPUT, PROGRAMMING, CENTRAL PROCESSING, OUTPUT, COMMUNICATION--THERE ARE OPPORTUNITIES FOR CRIMES, SUCH AS INTRODUCING FALSE ACCOUNTS AND CREDITS INTO A DATA BASE, STEALING VALUABLE COMPUTER PROGRAMS AND HOLDING THEM FOR RANSOM, PHYSICALLY ATTACKING THE COMPUTERS THEMSELVES, STEALING CONFIDENTIAL DATA, AND BLACK-MARKETING COMMUNICATION CODES. IN AN EFTS ENVIRONMENT, FAMILIAR TYPES OF CRIME ARE LIKELY TO BE REPLACED BY NEW CRIMES. THESE NEW CRIMES PRESENT NUMEROUS EVIDENTIARY PROBLEMS IN BOTH CIVIL AND CRIMINAL ARENAS AND ARE NOT ADEQUATELY ADDRESSED IN EXISTING LAWS. A REVIEW OF CASE LAW IN THE AREA OF COMPUTER-RELATED CRIME POINTS UP A NUMBER OF UNANSWERED QUESTIONS. FOR INSTANCE, NO COURT HAS DECIDED WHETHER THE ADMISSION OF COMPUTER PRINTOUTS AS EVIDENCE VIOLATES THE CONFRONTATION OR DUE PROCESS CLAUSES OF THE CONSTITUTION. IN DEALING WITH EFTS CASES, PROSECUTORS ARE CERTAIN TO FACE LEGAL ISSUES THAT WILL TEST BOTH COMMON LAWS AND STATUTES. IF EFTS IS TO SURVIVE AND IF SOCIETY IS TO BENEFIT FROM IT, THEN ITS IMPACT ON THE CRIMINAL JUSTICE SYSTEM MUST BE ANALYZED SO THAT PREPARATIONS FOR DEALING WITH EFTS CRIMES CAN BEGIN. (LKM)