Illegal Uses of Computers and It Devices Legislation in United States
Illegal Uses of Computers and it Devices Legislation
Overview of Illegal Uses of Computers and it Devices Legislation in relation to cyber crime: [1]
Mail, Bank, and Internet Fraud
Before modern computers the federal government created the Mail Fraud Act of 1948, making it illegal to send postal mail only with a name or address. This law is actually a precedent to prohibitions against identify theft or using information systems to commit fraud including by way of delivery service such as those now provided by firms such as United Parcel Services (UPS) or Federal Express. ”Fraud by wire, radio or television was criminalized by Congress beginning in 1952, and prohibited transmitting an electronic signal such as writings, signs, signals, pictures or sounds in order to obtain money or property under false or fraudulent pretenses” (McQuade, 2006, p. 312). Bank fraud specifically became illegal in 1984 as the use of computers became more common among financial institutions. Bank fraud involves implementing a scheme or creating false documents to get money not belonging to you from a financial institution. This can be attempted by trying to manipulate financial wire transfers, account funds, credit applications, assets held by banks, and securities (e.g., stocks, bonds, or mutual funds). According to 18 United States Code Section 1344, anyone found guilty of federal bank fraud may be fined up to $1,000,000 or imprisoned for up to 30 years, or both.
More Details about Illegal Uses of Computers and it Devices Legislation
Computer Device Fraud and Abuse
The Access Device Fraud Act of 1984 was the first genuine cybercrime law passed by the federal government. It prohibits creating, distributing, possessing, or using counterfeit-making devices to commit fraud. This includes computers, scanners, printers, and a wide variety of portable electronic devices, including cellular phones equipped with digital cameras. This law was strengthened in 1986 by the Computer Fraud and Abuse Act (CFFA), which prohibited computer hacking into computers containing classified government information. This included computers belonging to the federal government or financial institutions such as banks. The CFFA was later updated to include all ”federal interest computers.” This made it a ”felony to hack into or exceed permissions within any computer system of the Federal Government, its contractors or grantees. Thus, for example, hacking into a computer system of a university funded by federal research grants is felony under the CFFA as amended, punishable by up to twenty years imprisonment” (McQuade, p. 312).
Resources
Notes and References
- By Samuel C. McQuade, III
See Also
- Types of Cybercrime
- Cybercriminal
Further Reading
Hawke, C.S. (2000). Computer and Internet use on campus: A legal guide to issues of intellectual property, free speech, and privacy. San Fancisco, CA: Jossey- Bass; Katz, J. E., & Rice, R.E. (2002). Social consequences of Internet use: Access, involvement, and interaction. Cambridge, MA: The MIT Press; Mathewson, J. (2002). Pirates of the new world: How about a new word for illegal software? (Insights). Computer Use Journal, 20(2), 8; McQuade, S.C. (2006). Cyber laws and regulations. In Understanding and managing cybercrime. Boston: Allyn and Bacon.