Computer Crime as it Differs

Computer Crime as it Differs From Orinary Crime

We have reached a time in history that redefines many of the aspects of life we have always held most sacred. Suddenly, face-to-face or even voice-to-voice communication is being replaced almost entirely by electronic communication. Also, information of every variety is at almost every person's fingertips, quite literally. The effect of computers on the medical profession is substantial. Suddenly, even patients have access to high level medical information heretofore only privy to doctors on Web sites such as Web MD.

Another collateral effect of our computerization has been the entire reconstruction of our crime list and crime trends. Now, one of the most prevalent crimes is one perpetrated by 8-year-olds with little or no inkling that they are doing anything wrong: The crime, of course, is illegal music downloading. Suddenly, intellectual property and ownership rights of musicians are completely useless, and the challenge of selling recorded music has increased astronomically.

The prominence of sites like Napster and Kazaa have complicated the matter. On such sites, there is no intentional criminal per se, changing one of the requirements of a criminal act: mens rea, or a bad mental state. The services are offered free, with the understanding that Napster and Kazaa only benefit from advertising they receive. The people who actually give and receive the pirated versions of songs are movies are not afiliated with the companies.

Suddenly, the federal government is cracking down on downloaders, including 6-year-old children. Certainly, cybercrime here is different from our normal concepts of crime.

Society views the burglary of homes and businesses as criminal and invasive. Computer hack-ins, on the other hand, are often seen as mischievous pranks. Yet both crimes harm innocent people and businesses around the world.

Every year, criminal hackers intentionally release malicious software that disables millions of computers, compromise sensitive information and require significant resources to eradicate viruses and rebuild computer systems. These attacks result in billions of dollars in damage to the United States and other global economies.

Although technology is becoming more secure, cybercrime has increased as Internet use has risen. In fact, according to the Computer Emergency Response Team (CERT) Coordination Center at Carnegie Mellon University, the number of cybersecurity incidents more than doubled to nearly 53,000 last year. In the first three months of 2002 alone, CERT counted nearly 27,000 incidents.

Despite the sharp increase in malicious viruses and network break-ins, many offenders are not held accountable or punished for their crimes. Because the law in the Philippines did not criminalize the intentional release of computer viruses, the individual responsible for the "ILOVEYOU" virus, which caused an estimated $8 billion in damage, was never charged with any crime. Even in the United States, where cybercrime is subject to the Computer Fraud and Abuse Act, convicted cybercriminals often serve little or no prison time. Sentences for violations are determined by calculating the actual economic loss, difficult to establish accurately in the context of computer crime, and are limited to 10 years.

Taking cybercrime seriously is even more important in a post-September 11 world. Security experts warn that terrorist organizations and hostile nations may employ hackers to target U.S. commerce, telecommunications and utility grids. The potential consequences are perilous.