Computer Crime

Computers add a new dimension to criminal law, presenting many issues for law enforcement. At the forefront of law enforcement concerns is the necessity to secure adequate training to combat these crimes. This requires additional resources. The technical sophistication needed to follow the "electronic trail" far surpasses traditional methods of investigation. In some cases data are encrypted, making it difficult for police authorities to discern the contents of the information. The detection of criminal conduct may also be hampered by the reluctance of entities to report an unauthorized computer access. Corporations may fear the negative publicity that might result as a consequence of their systems being compromised. In many cases, unauthorized computer access may go undetected by the individual or entity whose computer system had been invaded.

Equally challenging are the policy and legal issues. It is necessary to enact legislation that will sufficiently prohibit the abuses of new and developing technology. The speed with which technology develops makes this a continual concern. In some cases, the line between what will be considered criminal conduct and what will be civil remains uncertain. A common debate in discussions of business crimes is whether the activity is an aggressive business practice, or alternatively a crime. Further, issues of jurisdiction and enforcement power present special problems given that the Internet operates internationally. This can become particularly problematic when countries adopt different standards of what constitutes crime and different penalties for computerrelated criminal activity.

The Internet also presents national security concerns since computers serve instrumental roles in the delivery of emergency services, government operations, banking, transportation, energy, and telecommunications. As technology develops, the law needs to respond to these new developments to deter those who would abuse and misuse the new technology.