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NCJ Number: 99404 Add to Shopping cart Find in a Library
Title: Contemporary Legislation Governing Computer Crimes
Journal: Criminal Law Bulletin  Volume:21  Issue:5  Dated:(September-October 1985)  Pages:389-412
Author(s): B J George
Date Published: 1985
Page Count: 24
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: English
Country: United States of America
Annotation: This article describes the nature of contemporary computer crime, discusses the relevance and irrelevance of traditional criminal doctrines to serious computer crimes, and outlines Federal and State laws designed to counter specific types of computer crime.
Abstract: An analysis of typical contemporary computer crimes suggests that reliance on traditional criminal statutes covering property offenses, even though adapted through judicial interpretation, will not suffice to counter most computer abuse. An expansion of the definitions of 'property' and 'services' in the setting of theft provisions will not suffice either. The Federal Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 defines crimes and sets penalties for attempting or committing the (1) abstraction of classified, financial, or credit information from a computer, and (2) interference with a Federal computer. A provision of the 1984 Federal Comprehensive Crime Control Act strikes indirectly at a form of computer crime -- credit card fraud. Approximately 30 States have enacted comprehensive computer-crime or computer-fraud statutes that define and set penalties for various types of computer trespass, which is any form of unauthorized access to a computer, computer network, computer system, or electronic data base, regardless of the motive for the intrusion. Generally, penalties vary according to the value realized or the extent of damage inflicted. A total of 111 footnotes are listed.
Index Term(s): Computer related crime; Computer-related crime legislation; Credit card fraud; Fraud and abuse prevention measures; State laws
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