Computer Crime Laws (and Flaws)

Computer Crime Laws (and Flaws)

John F. Williams

IFSM 457

Professor Landreville

1 May 2008

Introduction

The United States has a lot of laws (a surplus some might say).  Accordingly, it would be preposterous to speculate that any one person can know them all, even within a particular jurisdiction and about a particular topic.  As a remedy to this, the Department of Justice has offered its assistance in at least one area.

The Justice Department has published a series of manuals that examine federal laws in the realm of cyber crime.  These manuals are accessible to anyone with internet capabilities.  One might even desire to “see what laws you might be breaking as you go through your average day of computer work (Bradner, 2007).”

The manuals all share a significant disclaimer.  The preface says:

“This manual is intended as assistance, not authority.  The research, analysis, and conclusions herein [reflect] current thinking on difficult and dynamic areas of the law; they do not represent the official position of the Department of Justice or any other agency.  This manual has no regulatory effect, confers no rights or remedies, and does not have the force of law or a U.S. Department of Justice directive (U.S. Department of Justice, 2002).”

However, in spite of the careful “unfit for any purpose” type of warning, the manuals are clearly intended to give an unofficial road map to those who are in the business of prosecuting what they think are crimes.  More specifically, this road map is meant to help find the crime that fits a particular offense or to caution an overzealous prosecutor from going beyond the current understanding of what specific laws apply to.

The newest manual is titled “Prosecuting Computer Crimes.”  It was preceded by two others in the series: “Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations” and “Prosecuting Intellectual Property Crime.”  The manuals have been produced by or for the Computer Crime and Intellectual Property Section, Criminal Division, U.S. Department of Justice and can be found on its web site (www.cybercrime.gov).  

Fourth Amendment Flaw

The Department of Justice’s manual on search and seizure outlines how the Fourth Amendment applies to collecting evidence in the realm of computer technology.  It starts by summarizing what is found in the Fourth Amendment:  “[It] limits the ability of government agents to search for evidence without a warrant (U.S. Department of Justice, 2002).”  Specifically, the amendment stipulates that peoples right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.