Cybercrime has become increasingly prevalent in the new millennium as computer-savvy criminals have developed more sophisticated ways to victimize people online and through other digital means. The Law of Cybercrimes and Their Investigations is a comprehensive text exploring the gamut of issues surrounding this growing phenomenon.
After an introduction to the history of computer crime, the book reviews a host of topics including:
- Information warfare and cyberterrorism
- Obscenity, child pornography, sexual predator conduct, and online gambling
- Cyberstalking, cyberharassment, cyberbullying, and other types of unlawful expression
- Auction fraud, Ponzi and pyramid schemes, access device fraud, identity theft and fraud, securities and bank fraud, money laundering, and electronic transfer fraud
- Data privacy crimes, economic espionage, and intellectual property crimes
- Principles applicable to searches and seizures of computers, other digital devices, and peripherals
- Laws governing eavesdropping, wiretaps, and other investigatory devices
- The admission of digital evidence in court
- Procedures for investigating cybercrime beyond the borders of the prosecuting jurisdiction
Each chapter includes key words or phrases readers should be familiar with before moving on to the next chapter. Review problems are supplied to test assimilation of the material, and the book contains weblinks to encourage further study.
Section I: Cybercrimes against the Digital Infrastructure and Computer Systems
Crimes Involving the Use of Computers
Introduction
Federal Laws Governing Computer Crimes—Historical Development
Federal Laws Governing Computer Crime—18 USC § 1030
Case Applications
New York’s Computer Crime Law
Key Words and Phrases
Review Problems
Weblinks
Endnotes
Information Warfare and Cyberterrorism
What Is Information Warfare?
Brown Commission
Brian C. Lewis
Martin C. Libicki
Dorothy Denning
What Is Cyberterrorism?
Laws Regulating Information Warfare and Cyberterrorism
Federal Laws
State Laws
Key Words or Phrases
Review Problems
Weblinks
Endnotes
Section II: Cybercrimes against Individuals Crimes against Morality
Introduction
Obscenity Crimes
18 USC § 1462
18 USC § 1465
18 USC § 1466
18 USC § 1466A
18 USC § 1470
Case Law Pertaining to Online Obscenity Crimes
Child Pornography Legislation
Legislative History
Current Child Pornography Laws
18 USC § 2251: Sexual Exploitation of Children
18 USC § 2252: Certain Activities Relating to Material Involving the Sexual Exploitation of Minors
18 USC § 2252A: Certain Activities Relating to Material Constituting or Containing Child Pornography
18 USC § 2425: Use of Interstate Facilities to Transmit
Case Law Pertaining to Online Child Pornography
Online Gambling
Federal Law
State Gambling Laws
Key Words and Phrases
Review Problems
Weblinks
Endnotes
Crimes Threatening or Resulting in Physical or Mental Harm
Introduction
Sexual Predator Crimes
18 USC § 2425: Use of Interstate Facilities to Transmit Information about
a Minor
Cyberstalking and Cyberharassment Legislation
Federal Statutes
Cases on Cyberstalking and Cyberharassment
Judicial Interpretations of Federal Law
Key Words and Phrases
Review Problems
Weblinks
Internet Frauds
Introduction
Auction Fraud
Ponzi and Pyramid Schemes
Access Device Fraud
What Is an Access Device?
How Is an Access Device Fraud Committed?
Electronic Fund Transfer Fraud
Identity Theft and Fraud
Identity Theft
The Federal Identity Theft Crimes
State Identity Theft Laws
Cyberlaundering
Other Fraudulent Schemes
Key Words and Phrases
Review Problems
Weblinks
Endnotes
Section III: Crimes against Information Assets, and Data Privacy
Data Privacy Crimes
Introduction
The Fair Credit Reporting Act (FCRA)
The Fair and Accurate Credit Transactions Act (FACTA)
The Gramm-Leach-Bliley Act (GLBA)
The Health Insurance Portability and Accountability Act (HIPAA)
After the Breach: Is There a Duty to Notify the Consumer That the Security
of Their Data Has Been Compromised?
Key Words and Phrases
Review Problems
Weblinks
Endnotes
Intellectual Property Fraud
Introduction
Criminal Copyright Infringement
Software Piracy
Key Words and Phrases
Review Problems
Weblinks
Section IV: Investigation and Enforcement of Cybercrimes
Search and Seizure: Beginning Principles
Introduction
Constitutional Principles
The Fourth Amendment
Reasonable Expectation of Privacy
Workplace Searches
Protection from Government Activity
The Mere Evidence Rule
Searches with and without a Warrant
Consent
Plain View
Exigent Circumstances
Incident to a Lawful Arrest
Inventory Search
Border Search
Administrative Searches
Automobile Exception
Special Needs Exception
Key Words and Phrases
Review Problems
Weblinks
Endnotes
Search and Seizure: Electronic Evidence
Introduction
Conducting the Search or Seizure
Searches and Seizures without a Warrant
Key Words and Phrases
Review Problems
Weblinks
Wiretapping and Eavesdropping
Introduction
Statutes and Regulations
Case Law
Key Words and Phrases
Review Problems
Weblinks
Access to Stored Communications
Introduction
Case Law
Key Words and Phrases
Review Problems
Weblinks
Pen Register, Trap and Trace, and GPS Devices
Introduction
Pen Register and Trap and Trace Devices
Global Positioning Systems (GPSs)
RFID Technology
Key Words and Phrases
Review Problems
Weblinks
Digital Evidence and Forensic Analysis
Introduction
Nature of Evidence
Admissibility of Evidence
Preservation of Evidence
Chain of Custody
Admissibility of Digital Evidence
The Frye Test
Frye Plus
Daubert Test
Expert Opinion Evidence
Rules Requiring the Exclusion of Evidence
Hearsay Rule
Best Evidence Rule
Key Words and Phrases
Review Problems
Weblinks
International Issues Involving the Investigation and Prosecution of Cybercrime
Introduction
Jurisdiction
Extraterritorial Application of Criminal Laws
International Enforcement and Cooperation
Letters Rogatory
Mutual Legal Assistance Treaty
Extradition Treaty
Council of Europe Convention on Cybercrime
Key Words and Phrases
Review Problems
Weblinks
References
Index
Biography
George Curtis
