Computer Crime - Guide to Computer Crimes Law


Computer Crimes are defined as illegal activities carried out on or by means of a computer. Computer crime includes criminal trespass into another computer system, theft of computerized data, and the use of an on-line system to commit or aid in the commission of fraud.

Computer Crime Laws include the use of Internet and Cyberspace to commit or conduct criminal activities. Illegal activities include hacking, spamming, identify theft, fraud, child pornography, cyber terrorism and espionage to name a few.

Computer Crimes are part of the Criminal Law practice which also includes: Arson, Assault, Battery, Bribery, Burglary, Child Abuse, Child Pornography, Controlled Substances, Credit Card Fraud, Criminal Defense, Drugs and Narcotics, DUI/DWI, Embezzlement, Fraud, Expungements, Felonies, Homicide, Identity Theft, Internet and Cyberspace Crime, Manslaughter, Money Laundering, Murder, Perjury, Prostitution, Rape, RICO, Robbery, Sex Crimes, Shoplifting, Theft, Weapons, White Collar Crime and Wire Fraud among others.

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Computer Crime Law - US

  • Communications Assistance for Law Enforcement Act (CALEA)

    In response to concerns that emerging technologies such as digital and wireless communications were making it increasingly difficult for law enforcement agencies to execute authorized surveillance, Congress enacted CALEA on October 25, 1994. CALEA was intended to preserve the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities.

  • Computer Software Privacy and Control Act

    To prevent deceptive software transmission practices in order to safeguard computer privacy, maintain computer control, and protect Internet commerce.

  • Department of Justice - Computer Crime and Intellectual Property Section

    The Computer Crime and Intellectual Property Section (CCIPS) is responsible for implementing the Department's national strategies in combating computer and intellectual property crimes worldwide. The Computer Crime Initiative is a comprehensive program designed to combat electronic penetrations, data thefts, and cyberattacks on critical information systems. CCIPS prevents, investigates, and prosecutes computer crimes by working with other government agencies, the private sector, academic institutions, and foreign counterparts.

  • Digital Millennium Copyright Act

    The Digital Millennium Copyright Act (DMCA) was enacted in 1998. The basic purpose of the DMCA is to amend Title 17 of the United States Code and to implement the World Intellectual Property Organization (WIPO) Copyright Treaty and Performances and Phonograms Treaty, which were designed to update world copyright laws to deal with the new technology.

  • Economic Espionage Act (EEA)

    In addition to laws specifically tailored to deal with computer crimes, traditional laws can also be used to prosecute crimes involving computers. For example the Economic Espionage Act (EEA) was passed in 1996 and was created in order to put a stop to trade secret misappropriation.

  • Electronic Communications Privacy Act

    Passed in 1986, Electronic Communications Privacy Act (ECPA) was an amendment to the federal wiretap law, the Act made it illegal to intercept stored or transmitted electronic communication without authorization.

  • Fraud and Related Activity in Connection with Computers

    Section 1030(a)(1) makes it illegal to access a computer without authorization or in excess of one’s authorization and obtain information about national defense, foreign relations, or restricted data as defined in the Atomic Energy Act of 19549, which covers all data concerning design, manufacture or utilization of atomic weapons and production of nuclear material. It is worth noting that section 1030(a)(1) requires proof that the individual knowingly accessed the computer without authority or in excess of authorization for the purpose of obtaining classified or protected information. Section 1030(a)(1) criminalizes the use of a computer to gain access to the information, not the unauthorized possession of it or its transmission.

  • Fraudulent Online Identity Sanctions Act

    FOISA attempts to tackle the problem of criminals registering online domains under false identification, it includes a provision that would increase jail times for people who provide false contact information to a domain name registrar and then use that domain to commit copyright and trademark infringement crimes.

  • Internet Freedom Preservation Act of 2008

    To establish broadband policy and direct the Federal Communications Commission to conduct a proceeding and public broadband summits to assess competition, consumer protection, and consumer choice issues relating to broadband Internet access services, and for other purposes.

  • National Information Infrastructure Protection Act of 1996

    The National Information Infrastructure Act (NIIA) was passed in 1996 to expand the CFAA to encompass unauthorized access to a protected computer in excess of the parties’ authorization.

  • The Computer Fraud and Abuse Act

    The Computer Fraud and Abuse Act, first enacted in 1984 and revised in 1994, makes it certain activities designed to access a "federal interest computer" illegal. These activities may range from knowingly accessing a computer without authorization or exceeding authorized access to the transmission of a harmful component of a program, information, code, or command. A federal interest computer includes a computer used by a financial institution, used by the United States Government, or one of two or more computers used in committing the offense, not all of which are located in the same State. The Legal Institute provides Title 18 of the U.S. Code, which encompasses the Computer Fraud and Abuse Act.

Computer Related Crimes Law

  • CA Global Security Advisor - Viruses, Spyware, Malware and Worms

    CA's Global Security Advisor is the place to check for current information on global threats that is researched and published via a network of rapid response centers around the world delivering: Comprehensive validated virus, spyware and vulnerability databases Clean-up utilities, detection signatures files and remediation instructions Valuable documentation on implementing complete threat protection and security management solutions.

  • CAN-SPAM Act

    Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

  • Computer Hacking Laws

    The news said that another person had their identity stolen. It happened again. You might even know of someone that had it happen to them. We often hear of percentages - and they are surprisingly high. Enforcement is taking place, but we have to wonder if computer hacking laws are really having any effect against cyber hacking. This article will show what is being done against cyber crime.

  • Computer Piracy - CCRC

    Computer piracy is reproduction, distribution and use of software without permission of the owner of copyright. Kinds of illegal software use that can be qualified as copyright violation: - selling of computer facilities with illegally installed software; - replication and distribution of software copies on information carriers without permission of the copyright owner; - illegal distribution of software through communication networks (Internet, e-mail, etc.); - illegal use of software by the user.

  • Denial-of-Service Attacks

    In a denial-of-service (DoS) attack, an attacker attempts to prevent legitimate users from accessing information or services. By targeting your computer and its network connection, or the computers and network of the sites you are trying to use, an attacker may be able to prevent you from accessing email, web sites, online accounts (banking, etc.), or other services that rely on the affected computer. The most common and obvious type of DoS attack occurs when an attacker "floods" a network with information. When you type a URL for a particular web site into your browser, you are sending a request to that site's computer server to view the page. The server can only process a certain number of requests at once, so if an attacker overloads the server with requests, it can't process your request. This is a "denial of service" because you can't access that site.

  • Internet Investment Scams - SEC

    The Securities and Exchange Commission (SEC), which receives about 300 complaints a day concerning online scams, devotes one-fourth of its enforcement staff to computer-related offenses.

  • Internet Scam and Hoaxes

    Email hoaxes spread misinformation, waste bandwidth, and lessen the effectiveness of email as a communication medium. Hoax-Slayer helps stop the continued circulation of these hoaxes by publishing information about them. Hoax-Slayer allows Internet users to check the veracity of a large number of common email hoaxes. Information about new hoaxes is added on a regular basis.

  • Internet Stalking and Harassment

    Although no universally accepted definition exists, cyber stalking is generally defined as the use of the Internet, e-mail or other electronic communications device to stalk or harass a person. .

  • National Consumers League - Online and Internet Fraud

    Our mission is to give consumers the information they need to avoid becoming victims of telemarketing and Internet fraud and to help them get their complaints to law enforcement agencies quickly and easily.

  • Online Safety - Phishing

    Phishing e-mail messages are designed to steal your identity. They ask for personal data, or direct you to Web sites or phone numbers to call where they ask you to provide personal data.

Computer Crime Law - Europe

  • Computer Crimes - UK

    Computers and the Internet are complex, but they function on a very narrow set of technical principles. This provides great flexibility, but makes it very difficult to legislate against certain types of activity without affecting others.

  • European Commission - Information Society Policies

    Today, Europe's Information Society policies are brought together under the i2010 Initiative: the EU framework for addressing the main challenges and developments in the information society and media sectors in the years up to 2010. The initiative promotes an open and competitive digital economy, research into information and communication technologies, as well as their application to improve social inclusion, public services and quality of life.

  • Regulation of Investigatory Powers Act 2000 - UK

Computer Crime Law - International

  • Criminal Code of Canada Unauthorized Use of a Computer System - Section 342.1

    Section 342.1 of the Criminal Code of Canada is part of a series of new "high tech" crimes that were introduced a few years back. The Criminal Code was also amended in order to expand the definition of "mischief" (see s. 430) to include anyone who wilfully obstructs, interrupts, interferes, alters or destroys data. The purpose of s.342.1 was, amongst other things, to prohibit anyone from making use of a computer system "fraudulently and without colour of right". In other words, if you use a computer system when you're not suppose to, or in a way that you know you're not suppose to, you may be committing an offence.

  • InfoSec - Hong Kong

    The tremendous growth in the use of information technology and Internet has brought us great convenience. However, it also creates a great potential for abuse by criminals. With the cross-border, open-platform, highly-interconnected nature of this virtual dimension, the impacts of cyber crimes are far-reaching, and would require integral effort from all parties involved in order to effectively combat cyber crimes.

  • Integrated Technological Crime Unit - Computer Crimes Legislation - RCMP

    Canada was one of the first countries to enact criminal laws in the area of computer crime and continues to adjust to ever-evolving technologies.

Organizations Related to Computer Crime Law

  • Australian High Tech Crime Centre (AHTCC)

    As agreed by the AHTCC Board of Management, the four core functions of the AHTCC included: 1. Policy advocacy; 2. Strategic intelligence support; 3. Crime prevention and education; and 4. Capability development. In June 2007, the AHTCC Board of Management agreed that the AHTCC would transfer from being a nationally-governed centre to becoming a dedicated AFP portfolio, retaining its national focus. The transfer became effective 1 October 2007, and a new High Tech Crime Operations (HTCO) portfolio was officially launched on 1 March 2008.

  • Center for Democracy and Technology (CDT)

    The Center for Democracy and Technology (CDT) is a 501 (c) (3) non-profit public policy organization dedicated to promoting the democratic potential of today's open, decentralized global Internet. Our mission is to conceptualize, develop, and implement public policies that will keep the Internet open, innovative and free.

  • CERT®

    The CERT® Program is part of the Software Engineering Institute (SEI), a federally funded research and development center at Carnegie Mellon University in Pittsburgh, Pennsylvania. Following the Morris worm incident, which brought 10 percent of internet systems to a halt in November 1988, the Defense Advanced Research Projects Agency (DARPA) charged the SEI with setting up a center to coordinate communication among experts during security emergencies and to help prevent future incidents. This center was named the CERT Coordination Center (CERT/CC).

  • Computer Crime Research Center

    The Computer Crime Research Center was created in 2001 to conduct research in legal criminal and criminological problems of cybercrime with the purpose to render scientific and methodical aid, consulting. We accumulate experience and perform analysis of results of scientific practical research in counteracting and preventing computer crimes. We collaborate with The Security Engineering Research Center (SERC), Hannam University (Korea), The Zaporizhzhya National University "ZNU" (Zaporozhye, Ukraine) and other universities, institutes and research centers.

  • G8 (Group of 8) and the G8's Subgroup on High-Tech Crime

    On May 10-11, 2004, Attorney General John Ashcroft and Secretary of Homeland Security Tom Ridge met in Washington, DC with the Ministers for Justice and Home Affairs from the G8 countries (Canada, France, Germany, Italy, Japan, Russia, and the United Kingdom) and with the European Commissioner for Justice and Home Affairs. There were four primary topics of discussion: prevention of terrorism and serious criminal acts; border and transportation security; combating cybercrime and enhancing cyber-investigations; and fighting foreign official corruption and recovering stolen national assets.

  • Internet Crime Complaint Center (IC3)

    The Internet Crime Complaint Center (IC3) is a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA). IC3's mission is to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime. The IC3 gives the victims of cyber crime a convenient and easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations. For law enforcement and regulatory agencies at the federal, state, local and international level, IC3 provides a central referral mechanism for complaints involving Internet related crimes

  • Internet Fraud Watch (IFW)

    The Internet offers a global marketplace for consumers and businesses. But crooks also recognize the potentials of cyberspace. The same scams that have been conducted by mail and phone can now be found on the World Wide Web and in email, and new cyberscams are emerging. It's sometimes hard to tell the difference between reputable online sellers and criminals who use the Internet to rob people. You can protect yourself by learning how to recognize the danger signs of fraud. If you are a victim or attempted victim of Internet fraud, it's important to report the scam quickly so that law enforcement agencies can shut the fraudulent operations down.

  • IT Security and Crime Prevention - Interpol

    Interpol has actively been involved for a number of years in combating Information Technology Crime. Rather than ‘re-inventing the wheel’, the Interpol General Secretariat has harnessed the expertise of its members in the field of Information Technology Crime (ITC) through the vehicle of a ‘working party’ or a group of experts. In this instance, the working party consists of the heads or experienced members of national computer crime units. These working parties have been designed to reflect regional expertise and exist in Europe, Asia, America and in Africa. All working parties are in different stages of development. It should be noted that the work done by the working parties is not Interpol’s only contribution to combating ITC, but it certainly represents the most noteworthy contribution to date.

Publications Related to Computer Crime Law

  • DSP - Computer Crimes in Canada

    The advent of the computer did not create a new crime, any more than than development of the automobile created a new form of larceny. As with the automobile, the criminal use of computer technology has increased the vulnerability of the community, and to the extent that the definition of crimes and the enactment of prohibitions is directed to the protection of the community, computer technology is a legitimate area of penal concern.

  • QuickLinks - Information Society and Internet Policy

Articles on HG.org Related to Computer Crime Law

HG.org Resources on Criminal Law

  • Expert Witnesses Computer
  • Expert Witnesses Computer Crime
  • Expert Witnesses Computer Forensics
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  • Expert Witnesses Hacking
  • Expert Witnesses Internet
  • Guide to Arson Law

    Arson is the malicious burning or exploding of the dwelling house of another, or the burning of a building within the curtilage, the immediate surrounding space, of the dwelling of another. Modern legislation has extended the definition of arson to include the burning or exploding of commercial and public buildings—such as restaurants and schools—and structures—such as bridges.

  • Guide to Assault Law

    Assault is an act, usually consisting of a threat or attempt to inflict bodily injury upon another person, coupled with the apparent present ability to succeed in carrying out the threat or the attempt if not prevented, that causes the person to have a reasonable fear or apprehension of immediate harmful or offensive contact. Whereas, Aggravated Assault is a criminal assault accompanied by circumstances that make it more severe, such as the victim suffering serious bodily injury or an assault committed with a dangerous and deadly weapon. The additional circumstances that make the act an aggravated assault are set by statute.

  • Guide to Battery Law

    Battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Offensive touching can constitute battery even if it does not cause injury, and could not reasonably be expected to cause injury.

  • Guide to Bribery Law

    The crime of Bribery is defined as giving or taking money or some other valuable item in order to influence a public official (any governmental employee) in the performance of his/her duties. Bribery includes paying to get government contracts (cutting the roads commissioner in for a secret percentage of the profit), giving a bottle of liquor to a building inspector to ignore a violation or grant a permit, or selling stock to a Congressman at a cut-rate price, as examples.

  • Guide to Burglary Law

    Burglary is the criminal offense of breaking and entering any dwelling or building illegally with the intent to commit a felony or crime. Burglary laws vary by state. Depending on the seriousness of the offense, it can be classified into different degrees. Degrees of burglary are defined by each state's laws.

  • Guide to Child Abuse Law

    Child Abuse also called Child Maltreatment is the physical and/or psychological/emotional mistreatment of children. Physical or sexual abuse are the most obvious types of abuse, since they often leave physical evidence behind but emotional abuse and neglect are also serious types of child abuse. Child Abuse is enforced by international, federal, state and local laws.

  • Guide to Child Pornography Law

    Child Pornography is defined as the visual depiction of minor children under the age of 18 engaging in sex acts such as sexual intercourse, masturbation or oral sex and photographs or depictions of children’s genitalia. The law prohibits any form of distribution, possession, trafficking or production of such materials. Laws governing this area of practice are enforced by international, federal and state laws.

  • Guide to Controlled Substances Law

    United States Controlled Substances Law is enforced by the Drug Enforcement Administration. The DEA deals with the arrest of members of organizations involved in the growing, manufacturing, trafficking or the distribution of controlled substances such as chemicals, drugs, or compounds of which the use and/or purchase is illicit.

  • Guide to Credit Card Fraud Law

    Credit Card Fraud is a kind of fraud committed to make purchases using someone else’s credit card or credit card number with the intent to defraud. Common forms of credit card fraud include counterfeiting credit cards, using lost or stolen cards, and fraudulently acquiring credit cards through the mail. Credit card fraud is also related to identity theft.

  • Guide to Criminal and Penal Law

    Criminal Law or penal law, involves prosecution by the government of a person for an act that has been classified as a crime. It is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. There are four theories of criminal justice: punishment, deterrence, incapacitation, and rehabilitation. It is believed that by imposing sanctions for the crime, society can achieve justice and a peaceable social order.

  • Guide to Drug Charges Law

    Drug Crimes and Charges Law deals with all state, federal and international laws that govern the use, penalties, restrictions and regulations that apply to drug possession, trafficking, distribution and manufacturing.

  • Guide to DUI and DWI Law

    Driving under the influence of alcohol (driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs, is the act of operating a motor vehicle (and even a bicycle, boat or horse in some jurisdictions) after having consumed alcohol, to the degree that mental and motor skills are impaired. It is a crime or offense in most countries around the world.

  • Guide to Identity Theft Law

    Identity Theft sometimes called Identity Fraud occurs when someone wrongfully obtains and uses another person's identifying information like the person’s name, social security number or credit card number, without permission, usually for financial gain. Identity theft is the fastest growing crime in North America.

  • Guide to Internet and Cyberspace Crimes Law

    Internet and Cyberspace Crime Law deals with all aspects of crimes committed via the Internet and the legal authorities who enforce these laws. This area of law is regulated by international as well as United States federal and state laws. You can find additional information regarding this area of practice in our Computer Crimes Section.

  • Guide to White Collar Crimes Law

    The most common white-collar offenses include: antitrust violations, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft. According to the federal bureau of investigation, white-collar crime is estimated to cost the United States more than $300 billion annually.

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