State Cybercrime Legislation in the United States of America: A Survey

[David Goldstein <goldstein_david@yahoo.com.au>]

Hi all

Courtesy of a contact down under, some info that should be of
interest, especially to those in the USA. It is a "State Cybercrime
Legislation in the United States of America: A Survey" from the
Richmond Journal of Law & Technology and is online at
http://www.richmond.edu/jolt/v7i3/article2.html.

See below for more information.

Cheers
David
***********
State Cybercrime Legislation in the United States of America: A
Survey

I. INTRODUCTION

{1}In the United States, cybercrimes are the focus of legislation
adopted at both the state and federal levels. The U.S.
Constitution allocates lawmaking authority between the two levels
according to certain principles,(1) one of which is that even
when federal jurisdiction to legislate exists, federal legislation is
appropriate only when federal intervention is required.(2) And
while federal legislative authority can pre-empt the states' ability
to legislate in a given area, it rarely does, so it is not unusual
for
federal criminal laws to overlap with state prohibitions that address
essentially the same issues.(3)

{2}There are a number of federal statutes which address varieties of
cybercrimes.(4) The omnibus federal cybercrime statute is
18 U.S. Code § 1030. This statute makes it an offense to do any of
the following to and/or by means of a computer used by a
financial institution, by the federal government or used in
interstate or foreign commerce or communication:

(a) gain unauthorized entry into a government computer and thereby
discover information which is intended to remain
confidential, information which the perpetrator either unlawfully
discloses to someone not authorized to receive it or retains in
violation of the law;

(b) gain unauthorized entry to a computer and thereby gains access to
information to which the perpetrator is not entitled to
have access;

(c) gain unauthorized access to a computer and thereby furthers the
perpetration of a fraud;

(d) cause damage to a computer as the result either of gaining
unauthorized access to it or of inserting a program, code or
information into the computer; or

(e) transmits, in interstate or foreign commerce, a threat to cause
damage to a computer in order to extort money or property
from a person or other legal entity.(5)

{3}Section 1462 of title 18 of the U.S. Code prohibits using a
computer to import obscene material into the United States,
while 18 U.S. Code Section 1463 outlaws using a computer to transport
obscene material in interstate or foreign commerce.
Section 2251 of title 18 of the U.S. Code makes it a crime to employ
a minor in or induce a minor to participate in making a
visual depiction of a sexually explicit act if the depiction was
created using materials that had been transported (including
transportation by computer) in interstate or foreign commerce.
Section 2251(A) of title 18 of the U.S. Code prohibits using a
computer to sell or transfer custody of a minor knowing the minor
will be used to create a visual depiction of sexually explicit
conduct. Sections 2252 and 2252(A) of title 18 of the U.S. Code makes
it a crime to use a computer to transport child
pornography in interstate or foreign commerce.

{4}Another statute - 18 U.S.C. § 1028 - makes it a crime to produce,
transfer or possess a device, including a computer, that
is intended to be used to falsify identification documents. Finally,
18 U.S.C. § 2319 makes it a federal offense to infringe a valid
copyright. Many of the other statutes outlaw "traditional" crimes -
such as threatening the President's life - and in so doing,
encompass conduct that is committed via a computer.

{5}While some suggest cybercrime legislation and enforcement should
be reserved for federal authorities, there is a historical
preference for having states play the primary role in criminal law
enforcement(6) and they are addressing cybercrimes. This
paper surveys legislation the various states have adopted to that end.

=====
David Goldstein

2/3 Belmont Ave, Glen Iris, 3146
email: Goldstein_David@yahoo.com.au
phone: +61 3 9885 0601 (h)
       +61 418 228 605 (mobile)

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