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NCJRS Abstract

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NCJ Number: 169412 Find in a Library
Title: Legislating Computer Crime
Journal: Harvard Journal on Legislation  Volume:34  Issue:2  Dated:special issue (Summer 1997)  Pages:373-391
Author(s): S P Heymann
Date Published: 1997
Page Count: 19
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
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
Main Term(s): Courts
Index Term(s): Computer crime prevention measures; Computer privacy and security; Computer related crime; Criminal law; Criminal procedures; Federal regulations; Science and Technology; White collar crime
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