NCJ Number
81323
Journal
Prosecutor Volume: 16 Issue: 2 Dated: (Winter 1982) Pages: 23-29
Date Published
1982
Length
7 pages
Annotation
Guidance for attorneys concerning trials of computer crimes is presented, with attention to the search and seizure issues inherent in computer crimes, the applicability of legislation defining computer crime, the effects of publicity about the case, problems in discovery, and sentencing issues.
Abstract
Much of the information presented is anecdotal, representing the responses of a survey of attorneys who tried computer crime cases, investigators who contacted the National Center for Computer Crime Data (NCCCD), and the case histories contained in NCCCD's files. The paper notes that the complexity of computer technology complicates the search and seizure issues involved in computer crimes. Cases are cited which demonstrate some of the novel search-fact situations on which defense attorneys may mediate. Provisions of the Federal Computer Systems Protection Act (S.240) are described. This bill would make it a Federal crime to access, or in any way use, a computer for fraudulent purposes, including theft, sabotage, and embezzlement. Problems impeding adoption of the bill, such as the appropriateness of defining such a broad variety of crimes as falling within the Federal purview, are noted. The danger of negative publicity about a computer crime case is examined, and the need for measures to be taken to limit media publicity (i.e., gag orders) is emphasized. Also addressed is the thorny problem of extraditing information from countries outside of the United States, such as occurred in the Rifkin case, which involved transactions in Switzerland. The experiences of attorneys who have tried computer crime cases is reviewed; most attorneys emphasized the need to spend a considerable time in learning about computer technology as it applies to the case being tried. Finally, the sentencing phase of the trial is examined, and it is noted that the typical computer crime presents a sentencing judge with a difficult decision in view of the absence of a criminal record on the part of most defendants and their status in the community. Four examples of computer crime sentences are given to illustrate the diversity of opinion in this area. No references are cited.