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Thought Leadership

Cyber Crime

The Internet has been a boon to business, science, education etc. It allows business to be more productive and allows scientists to share and research data. However, because of the Internet’s unique nature wherein it transcends national borders, it provides criminals tools to commit crimes with relative ease. The Internet is a safe haven for those who wish to evade the law. Due to the nature of the fluid technology, computer related crime is unavoidable currently. Therefore, all IT professionals need to face the threat of cyber crime and try to protect their equipment and networks against it

 

Computer Fraud and Abuse Act

The U.S. Congress responded to the problem of computer crime by enacting several laws. The first federal computer crime statute was the Computer Fraud and Abuse Act of 1984 ("CFAA"). Only one indictment was ever made under the original CFAA before it was amended in 1986. This proves that it is difficult to write effective computer crime legislation. By far, CFAA is the most important computer crime statute in the U.S., and it is constantly modified to keep it up to date.

 

Limitations to the Law

Originally, CFAA had a major limitation because it required proof that the person accessed the computer in question without authorization. The law focused on the method of entry into the computer rather than the use of the computer, therefore the statute excluded any crimes committed by an insider. They couldn’t be prosecuted under the CFAA. Moreover the statute forbade prosecution for access to a computer where the only thing of value gained by the intruder was the use of the computer itself. Hence, although access was gained without authorization according to CFAA, merely viewing the information stored on the computer was not illegal

 

Modifications to the Law

In 1994, the Computer Fraud and Abuse Act was modified so that the problem of “malicious code” could be dealt with. Malicious codes are commonly known as viruses, worms and other programs designed to alter or damage or destroy data on a computer. This was necessary because the old law only focused on access of the computer system and not on how that computer system was used. The amended CFAA could now be used to prosecute those who transmitted "a program, information, code, or command to a computer or computer system" with the intent to cause damage. Those who intended to damage the computer or information in the computer or prevent the use of the system without the knowledge or the authorization of the owners of that computer could be also prosecuted .In addition, the law made it a crime to act with reckless disregard of a substantial and unjustifiable risk of damage or loss occurring.

 

Conclusion

While there is no silver bullet for dealing with cyber crime, it doesn’t mean that users are completely helpless against it. The legal system is becoming more tech savvy and many law enforcement departments now have cyber crime units created specifically to deal with computer related crimes, and of course now there are laws that are specifically designed for computer related crime. While the existing laws are not perfect, they are nonetheless a step in the right direction toward making the Internet a safer place for business, research and just casual use. As reliance on computers and the Internet continues to grow, the importance of the laws that protect users from the cyber-criminals will continue to grow as well.

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