Computer Crime, Security
and The Law
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Understanding Cybercrime: Ethics and Legal Implications of Computer Crime, Slides of Applications of Computer Sciences
The unique aspects of computer crime, distinguishing it from other crimes through three categories: hacking, new species of old crimes, and violations of netiquette. The document also discusses the differences between unethical and illegal acts, and the importance of both following the law and being ethical. The document further delves into the ethical implications of hacking and the challenges of regulating new forms of crime in the digital age.
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2012/2013
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Computer Crime, Security
and The Law
Computer Crime!
What is special about computer crime thatdifferentiates from other crimes?
!
Three categories (according to Johnson):
-^
Hacking
-^
New species of old crimes (i.e. theft, stalking, etc.)
-^
Breaches of Netiquette
Is Hacking Unethical?!
Hacking is illegal, but is it really unethical?
!
Arguments in defense of hackers:
-^
All information should be free
-^
Break-ins allow people to find and fix security flaws
-^
Harmless if hacker doesn’t change anything
-^
Allows us to keep tabs on the government or otherorganizations’ (potentially harmful) activities
!
Hacking is probably unethical, but discussioncalls attention to important ethical issues
New Species of Old Crimes!
There’s not a lot to discuss here. Theft,stalking, harassment, etc. are just as illegaland unethical online as off
!
Computers may add new twists to these andextend the powers of would-be criminals
!
The ACM/IEEE codes of ethics require you tothink about the possible abuses to which yoursoftware could be put and try to counter them
Computers and the Law: LegalTerminology!
Law
-^
Rules of conduct of organized society, enforced bythreat of punishment.
http://www.encyclopedia.com/
The Concise Columbia Electronic Encyclopedia, Third
Edition
Copyright © 1994, Columbia University Press.
Legal Terminology!
Common Law
-^
A system of law based on custom and precedentestablished by court decisions.
-^
Developed in medieval England and so calledbecause it represented common, rather than local,custom.
-^
The common law prevails in most English-speakingnations, including the U.S.
Legal Terminology!
Contract
-^
Enforceable agreement between two or more persons toperform, or refrain from performing, a specified act.
-^
A contract is made when one party submits an offer that isaccepted by the other.
-^
Generally, the parties must be mentally sound, of legal age,and acting with free will.
-^
A contract must not have an immoral or criminal purpose, orbe against public policy.
Contract
(continued)
Certain types of contracts must be in writing.A contract must involve
consideration
something of
value (e.g., money or a promise) given by eachparty to the other. A contract is terminated when its terms have been
fulfilled or when special circumstances, e.g., thedeath of one party, make fulfillment impossible orunlawful. The law provides several remedies for breach (failure
to carry out the terms) of a contract, most often theaward of money damages for losses incurred.
Legal Terminology!
Tort
-^
A civil wrong against a person or property for whichdamages may be claimed as compensation.
-^
A tort violates duties
imposed by law
on all
persons, as distinguished from the duties a contractimposes on the parties making it.
Legal Terminology!
Negligence
-^
Failure to act with the care required by law toprotect the rights and property of others.
-^
Unless more specifically defined by the terms of aCONTRACT, care is the behavior of a reasonable,prudent person.
Discussion: SPAM!!
From the SPAM FAQ (
http://spam.abuse.net/faq
-^
Not protected by 1
st
amendment
-^
Blocking it is not censorship
-^
Protecting people from spam helps commerce
-^
Spam is significantly different from junk mail ortelemarketing, both of which cost money and areregulated to a certain extent
-^
It may or may not be illegal
-^
It actually costs the recipients time and money