Chapter 15. Computer Crimes

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Computer crime is any illegal act which involves a computer system, whether the computer is the object of a crime, an instrument used to commit a crime, or a repository of evidence related to a crime. Computer crimes are growing at a rate which is matched only by the growth of the Internet. These crimes are becoming as diverse as the Internet itself. As all types of commerce are moving to cyberspace , so are the commercial crimes. Financial fraud and economic espionage are only two of the many types of computer- related crimes perpetrated around the world. Financial institutions, such as banks and credit card companies, absorb large losses due to financial fraud. With worldwide online accessibility, organized criminal groups now accomplish illegal money transfers from across the globe. This new style of crime is forcing businesses large and small to take a closer look into Internet security. It is also challenging current laws and enforcement to adapt to this rapidly changing environment. Computer-specific crimes require updates of the definitions of crimes in national criminal codes, and the traditional crimes performed with the aid of computers call for improved cooperation and procedural measures.

It's obvious that using computers to facilitate a crime and unauthorized network penetration are unlawful. But less obvious is the possession of a hacker's computer that stores tools related to that network penetration or which contains proprietary information which was taken through some unlawful act. Is only the hacker responsible, or is there some level of responsibility for the owner and operator of the system? Does this responsibility include the owners and operators of the networks which were used to commit the crimes? Does it matter if any of these individuals were aware that their systems were being used by hackers?

The definition of what constitutes computer crimes varies among countries . Computer crime laws encompass intellectual property, telecommunication, and electronic trespass. These issues are not uniformly valued around the globe and have diverse levels of protection.

Many countries have passed legislation to address computer-related crime. The Council of Europe is working on treaties to consolidate the disparate laws within Europe. Even with this broad scope of the laws, there are common classifications found in most of these bodies of law.

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