NCJ Number
65604
Journal
Journal of Systems Management Volume: 29 Issue: 12 Dated: (DECEMBER 1978) Pages: 6-11
Date Published
1978
Length
6 pages
Annotation
FOLLOWING A REVIEW OF THE NATURE OF COMPUTER-RELATED CRIME AND THE STATE AND FEDERAL STATUTES UNDER WHICH SUCH CRIMES ARE CURRENTLY PROSECUTED, PROPOSED FEDERAL LEGISLATION BEARING ON COMPUTER CRIME IS EVALUATED.
Abstract
THE USE OF COMPUTERS AND COMPUTER-RELATED MATERIAL FOR PERSONAL GAIN HAS GROWN WITH THE EXPANDED USE OF COMPUTERS. ALTHOUGH NUMEROUS METHODS EXIST FOR PROSECUTING THE PERPETRATOR OF A COMPUTER-RELATED CRIME, FEW STATUTES HAD BEEN PASSED WITH COMPUTER CRIMES IN MIND. FEDERAL LAWS ARE LIMITED TO CRIMES AGAINST THE GOVERNMENT OF OFFENSES OF AN INTERSTATE CHARACTER, AND THE DEGREE OF PROTECTION OFFERED BY STATES HAS VARIED. THE NEED FOR GREATER UNIFORMITY IN LAWS ADDRESSING COMPUTER CRIMES IS APPARENT. THE FEDERAL COMPUTER SYSTEM PROTECTION ACT HAS RECENTLY BEEN SUBMITTED FOR CONGRESSIONAL REVIEW IN AN ATTEMPT TO IMPROVE THE PROSECUTION OF COMPUTER CRIME. THE LEGISLATION WOULD APPLY TO ANY COMPUTER SYSTEM OR COMPUTER NETWORK WHICH EITHER OPERATES IN INTERSTATE COMMERCE OR IS OWNED OR OPERATED BY AN ENTITY OPERATING IN OR AFFECTING INTERSTATE COMMERCE. PENALTIES ARE PROVIDED FOR ANYONE WHO ACCESSES A COMPUTER FOR THE PURPOSE OF EXECUTING A SCHEME TO DEFRAUD OR FOR OBTAINING MONEY, PROPERTY, OR SERVICES THROUGH FRAUDULENT PRETENSES. ADDITIONAL PENALTIES EXIST FOR ANYONE WHO INTENTIONALLY AND WITHOUT AUTHORIZATION ACCESSES, ALTERS, DAMAGES, OR DESTROYS ANY COMPUTER HARDWARE, SOFTWARE, OR COMPUTER-STORED DATA. VIOLATORS MAY BE FINED UP TO $50,000, IMPRISONED UP TO 15 YEARS, OR BOTH. ALTHOUGH THE PROPOSED BILL DOES NOT COVER ALL POSSIBLE COMPUTER OFFENSES, IT IS A SIGNIFICANT ADVANCEMENT FOR THE DETERRENCE AND PROSECUTION OF COMPUTER-RELATED OFFENSES. REFERENCES ARE PROVIDED. (RCB)