What is Computer Crime Law?
Computer crime law deals with the broad range of criminal offenses committed using a computer or similar electronic device. Nearly all of these crimes are perpetrated online. The internet provides a degree of anonymity to offenders, as well as potential access to personal, business, and government data. Many computer crimes are committed as a means of stealing money or valuable information, although financial gain is not always the objective. In fact, some of the most notorious incidents of computer crime involved hackers seeking “bragging rights” by overcoming government or corporate cyber security measures.
Laws concerning computer crimes have been enacted at the state and federal levels. In 1986, Congress passed the Computer Fraud and Abuse Act (CFAA). This law has been amended and expanded as internet technology has advanced, and it continues to form the basis for federal prosecutions of computer-related criminal activities. Other relevant federal statutes include the Electronic Communications Privacy Act (ECPA), the Identity Theft Enforcement and Restitution Act of 2008 (ITERA), and certain provisions of the USA PATRIOT Act.
Hacking, Piracy, and Cyber Terrorism
Hacking is one of the most well-known types of computer crime. In this context, the term refers to the unauthorized access of another’s computer system. These intrusions are often conducted in order to launch malicious programs known as viruses, worms, and Trojan Horses that can shut down or destroy an entire computer network. Hacking is also carried out as a way to take credit card numbers, internet passwords, and other personal information. By accessing commercial databases, hackers are able to steal these types of items from millions of internet users all at once.
Internet piracy is another common offense. Piracy involves the dissemination of copyrighted material without permission of the owner. Beginning in the early 1990s, music sharing websites became extremely popular, many of them operating in violation of the law. Movies, video games, e-books, and software are now pirated over the internet as well. Estimates by the entertainment industry put the annual cost of internet piracy in the billions of dollars, although there is evidence the scope of the economic impact has been overstated by the industry in an effort to persuade Congress to pass further regulations.
Cyber terrorism is a relatively new phenomenon. These crimes involve politically-motivated attacks to targets such as government websites or commercial networks. Such attacks are designed to be large in scale, and to produce fear and panic among the victim population. With financial markets now trading over the internet and so many other transactions taking place online, the danger of cyber terrorism has received a great deal of attention. However, actual instances of this type of crime are rare.
Identity Theft and Other Frauds
The problem of identity theft existed prior to the development of the internet. Nevertheless, these crimes often involve the use of a computer, as offenders trick online shoppers and other web users into disclosing social security numbers, bank account and credit card information, home addresses, and more. A common scheme is known as “email phishing.” It is accomplished by sending victims an email containing a link to a website that the victims use regularly. The email asks victims to update their account information on the website, but when victims click on the link within the email, they are taken to a copycat website that secretly captures the information they enter.
Online Stalking, Bullying, and Sex Crimes
Some of the most serious computer crimes have nothing to do with making money, achieving political objectives, or showing off a hacker’s skills. Instead, they are designed to cause emotional trauma to the victim. Social media websites provide offenders with the ability to publish hurtful or embarrassing material as a way of inflicting harm on others. Once photographs or other items are posted and circulated online, they can be impossible for the victim to remove. The fallout from these kinds of activities is especially devastating for school age children, who tend to be more sensitive to social harassment.
A number of sexual offenses are also committed using computers. The trafficking of child pornography is one example. Federal and state authorities prosecute these cases vigorously, with convicted offenders often being sentenced to decades of incarceration. Law enforcement also devotes substantial resources to catching online predators who attempt to solicit underage victims for purposes of sex. These criminals are often discovered frequenting internet chat rooms, where they pose as young people in order to lure minor victims into romantic encounters.
Reasons to Hire a Computer Crimes Lawyer
If you have been accused of a computer crime, you need a defense attorney with technical as well as legal expertise. Attorneys practicing in this area will also have access to experts who can review digital evidence and testify at trial if necessary. To learn more, contact a computer crimes lawyer now.
