Federal Laws & Computer Crime
Computer crime is a relatively new offense category, given the history of the United States Code. Some crimes committed using a computer may be prosecuted under traditional statutes. However, many crimes did not exist until the computer age. Therefore, it became necessary to create and enact new statutes.
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History
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Federal, state and local law enforcement agencies entered a brave new world in the early 1980s, when computer crimes were emerging and laws to battle them were deficient or absent.
Early 1980s: Traditional Crimes Using Computers
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Crimes that existed prior to the advent of computers and could be committed either with or without the use of a computer could be charged under other Federal laws. They include espionage, wire fraud, money laundering, false advertising, sexual exploitation of children, smuggling and unlawful sale of firearms.
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Comprehensive Crime Control Act of 1984
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The Comprehensive Crime Control Act of 1984 included provisions to deal with unauthorized access and use of computers, and addressed federal computer-related offenses in a single, new statute: Fraud and related activity in connection with computers, 18 U.S.C. §1030.
Computer Fraud and Abuse Act of 1986
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Congressional hearings conducted in 1985 resulted in the Computer Fraud and Abuse Act (CFAA) of 1986. The CFAA amended 18 U.S.C. §1030, and was itself amended in 1988, 1989, 1990, 1994, 1996, 2001 and 2002. It addresses denial of service attacks, substitution or redirection of a website, internet fraud or "phishing," and password fraud.
CAN-SPAM Act of 2003
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The CAN-SPAM Act of 2003, 18 U.S.C. §1037, addresses fraud and related activity in connection with electronic mail. That activity includes "spam" or unsolicited commercial email, and "spoofing" email addresses of others.
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References
Resources
- Photo Credit computer image by Ewe Degiampietro from Fotolia.com
