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Cybercrime – Cybercrime –

Cybercrime – - PowerPoint Presentation

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Cybercrime – - PPT Presentation

Week 1 Lectures 1 2   David Thaw University of Connecticut School of Law Class Overview Lecture 1 Introduction to Computer CrimesComputer Misuse Lecture 2 Use of Property Crimes to Punish Computer Misuse ID: 234774

computer crimes substantive law crimes computer law substantive overview casebook evidence procedural misuse damages jurisdictional act cybercrime class felony

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Slide1

Cybercrime – Week 1(Lectures 1, 2) 

David Thaw

University of Connecticut School of LawSlide2

Class OverviewLecture 1: Introduction to Computer Crimes/Computer Misuse

Lecture 2: Use of Property Crimes to Punish Computer Misuse

Lecture 3: The CFAA (18 U.S.C. § 1030) and “Access”

DiscussionSlide3

Lecture 1 OverviewPreview of Course Themes:

Substantive crimes

Investigatory means/methods

Jurisdictional issues

Background – mine, yours, and getting the most out of the class

Casebook hypos

AdministriviaSlide4

Course Themes

Substantive Crimes

Focus on privacy and economic (property) interests rather than crimes-against-persons

Investigatory Means/Methods

Physical crimes: witnesses, physical evidence (think CSI)

Computer crimes: computer logs, other digital evidence

Jurisdiction

Physical crimes: traditionally province of the states

Computer crimes: (usually) shift to federal prosecutionSlide5

BackgroundMe: Law and Computer Science (Information Security)

You:

Required: first-year criminal law (that’s it!)

Helpful (but definitely not mandatory):

Criminal procedure

Internet law

Intellectual property

If you’re just taking the class because it sounds “fun” – great!Slide6

Cybercrime OverviewWhat makes a computer crime?

Substantive Law: crimes against/involving the use of computers

Procedural Law: crimes involving collection of evidence that exists in computerized (electronic) formSlide7

Cybercrime OverviewSubstantive Law

Computer Misuse Crimes – intentional interference with proper function of computers

Exs

: hacking, malware,

DDoS

Traditional Crimes – traditional crimes committed using/facilitated by computers

Exs

: Internet fraud, online threats, distribution of child pornography, theft of trade secretsSlide8

Cybercrime Overview

Procedural Law

Fourth Amendment

Digital evidence collection

when is retrieving evidence from a computer a “search”?

Statutory Privacy Law

Wiretap Act (1968)

Title III of Omnibus Crime Control and Safe Streets Act

1986: Electronic Communications Privacy Act (ECPA) – amended Title III to include data transmission

Stored Communications Act (SCA) – Title II of ECPA

Pen Register Statute

Investigative/Prosecutorial Questions: Jurisdictional

 Procedural  SubstantiveSlide9

Computer MisuseOffenses involving interference with the proper functioning of computing and information systems

Why do I say “computing and info. systems”?

Forms of computer misuse:

Exceeding privileges

Interfering with (denying) others’ privilegesSlide10

DiscussionCases

United States v.

Seidlitz

State v. McGraw

Casebook

Hypotheticals

Fred Felony

KillerBee

/Bryan Smith

Sarah JonesSlide11

Casebook Hypo – Crimes/Investigation

Fred Felony – Jewelry Store “Stick-Up”

Jurisdictional?

Procedural?

Substantive?

Fred Felony – Credit Card Theft

Jurisdictional?

Procedural?

Substantive?

The answers to these questions often interrelate!Slide12

Casebook Hypo – Computer MisuseKillerBee

(Bryan Smith)

What “crimes” occurred?

Is punishment justified?

Utilitarian?

Retributive?

Damages – is there a “but for” (proximate causation) problem here?

Should

criminal law consider a proximate causation problem?

Differences among targets’ security/damages – do they matter?Slide13

Casebook Hypo – Computer MisuseSarah Jones

What “crimes” occurred?

Is punishment justified?

Utilitarian?

Retributive?

Are there (yet) damages?

What future damages might exist?

Who is more deserving of punishment, Bryan or Sarah?