CCT206H5 Lecture Notes - Lecture 9: Cybercrime, Extortion, Mens Rea
10 Dec 2016
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Document Summary
The role of the computer in crime: computers as the target of time, computers as a tool in the commission of a crime. Gambling: computers as incidental to crime. General issues relating to cybercrime: remote perpetration, lack of physical trail or physical results, effects may be totally out of proportion to initial action. In many jurisdictions some aspects of computer crime may not be defined as illegal acts: problem of establishing intention (mens rea) result is that in some cases the doctrine of (cid:858)strict liability(cid:859) is applied. In what circumstances have trespass suits been brought: spam, search engine bots. What about simply observing traffic on a network: looking at the protection of previous technologies. Telephone: little common law applicability, need to look to new or existing statutes. Computer fraud and abuse act (1984, 1994, 1996, 2001 patriot act, 2002, 2008) us: three goals - to protect. Cfaa identifies seven illegal acts: electronic espionage.
