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Computer Crime - Legislative Resource Manual

NCJ Number
Date Published
January 1980
A background document for investigators and prosecutors involved in computer-related crime cases, this manual discusses existing and proposed State and Federal statutes applying to such crime, procedural issues, and privacy and security matters.

Traditional criminal laws, at both the State and Federal level, are reviewed to demonstrate their applicability to computer-related crime cases. These laws cover the crimes of arson, criminal ('malicious') mischief, burglary, larceny, theft of trade secrets, embezzlement, receipt of stolen property, theft of services or labor under false pretenses, interference with use statutes, forgery, and conspiracy. Also included are laws focusing on the fraudulent use of credit cards, theft of goods moving in interstate or foreign commerce, interstate transportation of stolen property, mail and wire fraud, and interception of wire or oral communications. A discussion of evidentiary and other procedural issues associated with the prosecution of computer-related crime encompasses such matters as administrative searches, subpoena duces tecum, search warrants, consent search, exigent circumstances, interrogations and affidavits, admission of evidence, best evidence rule, the hearsay rule, and exceptions to the hearsay rule. Finally, the manual outlines Federal and State statutes relevant to privacy and security, specifically about accessing, disclosing, and safeguarding information, and briefly reviews existing and proposed computer-related crime legislation at the Federal and State levels. Chapter footnotes and about 75 references are supplied. Seven technical appendixes present citations to statutes, cases, and pending legislation.

Date Published: January 1, 1980