Computer Crimes, Is It Possible?

             The open architecture of the Internet has created a new medium for fraud and other crimes. The anonymity provided by the net, as well as its global and unregulated nature, has created an exponential explosion in the number and types of technology-based and online crimes. As speed, technology, and software become more complex, and the Internet more pervasive in everyday life, the number of criminals that are exploiting weaknesses in security systems in a world without borders has skyrocketed.

             Current legislation regarding the Internet has been slow and ineffective because of the charging technologies used to access illegal information. One of the latest acts included Computer Fraud and Abuse Act (Title 8, Section 1030). This gives the government the right in investigating intrusions to public switching networks, major computer networks, privacy violations, industrial espionage, pirated computer software and other crimes. In December of 1997 President Clinton signed another bill into law (HR 2265, PL 105-147) that imposes heavy criminal penalties for willful infringement of copyright materials by electronic or other means.

             Internationally, HR 2281 & S 1121 are Administration bills that meet the World Intellectual Property Organization"s (WIPO) requirements to modify US copyright law to be in compliance with two treaties approved last December by the WIPO. Part of the legislative package is a provision to ban the manufacture of devices that would primarily be used to avoid copyright protection technology. This provision has met some resistance in the House where a different bill (HR 3048) seeks to regulate conduct of violators and not the equipment used to avoid copyright protection. HR3048 also addresses the fair use issue law. Other domestic legislation in progress regarding prohibiting computer crimes can be viewed at http://www.nsi.org/. Some international treaties are overseen by WIPO, a specialized agency of the United Nations whose mandate is to promote the protection of intellectual property worldwide.

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