Types of Computer Crimes
Transmitting Classified Information
It is illegal to access and transmit classified information by obtaining illegal access to that information. This can include unauthorized access to the computer on which the information is stored or unauthorized electronic access through the use of the internet or other networks. Transmitting classified information is punishable by up to 10 years in prison for first time offenders and up to 20 years in prison for those convicted multiple times. The sentence can be enhanced if the information is secured for either malicious purposes or financial gain that exceeds $5000. The sentence is ultimately determined by the crime itself and the abilities of the criminal defense lawyer that is representing the accused.
Non-Solicited Pornography and Marketing Act
Unsolicited email that is intended to sell or distribute goods has been a growing concern in the United States. Consequently in 2003 the Controlling the Assault of Non‑Solicited Pornography and Marketing Act was enabled to create a standard for email solicitations. The main purpose of the act is to create several guidelines for email solicitation as well as prohibit a number of common fraudulent practices. For pornographic email it includes the provision that each solicitation should contain an option to be removed from the emailing list in the future. For failing to comply with the standards in the Act, businesses could be charged as much as $11,000. If the solicitation involves fraud, then the accused could also serve up to 5 years in jail.
Software Piracy
Copyright violations are an important issue in the development of new computer software. Software piracy is difficult to control because it can be done easily and with little cost. The quality of the pirated version is usually close to the original and it is sometimes difficult to detect.
Copyright Infringement
Anyone who distributes material under copyright without valid authorization may be punished for criminal copyright infringement. In order to be charged with copyright infringement four basic things must be established:
1. The original copyright is valid.
2. The copyright was violated in an attempt at distribution or reproduction.
3. The accused willfully infringed on the copyright
4. Within 180 days the accused made at least 10 copies of any copyrighted works and that had a total retail value of at least $2500.
Sentences for copyright infringement can be enhanced if the convicted acted for purposes of private financial gain, or in other words, if the convicted had established or intended to establish an illegal business.
Digital Millennium Copyright Act
The DMCA prohibits tampering with copyright control measures place on copyrighted digital products. Most modern digital products have copyright control to prevent them from being recopied and distributed. The main purpose of the DMCA is to prevent the removal of the copyright measures on products which later leads to their illegal distribution. Violation of the DMCA with an attempt at sale or distribution of the products is punishable by a maximum fine of $500,000 or up to 5 years imprisonment. Repeat offenses raise the penalties up to a maximum of $1,000,000 and up to 10 years imprisonment.
National Stolen Property Act
The National Stolen Property Act prohibits the transportation of stolen goods, material or money between states. It applies to stolen property which is valued at $5,000 or more and in which the transported is aware of the fact they are stolen or obtained through fraudulent means. When applying the NSPA to computer crimes, software which is transmitted through the internet does not apply. However products such as computer programs, in which the software is contained on a hard disk, are protected under the NSPA. The punishment for violating the NSPA begins with up to 6 years imprisonment, if the total losses of the victim(s) are under $5,000. The punishments increase with the value of the stolen property.
Mail and Wire Fraud
Federal mail and wire fraud statutes prohibit the use of any wire or mail for fraud, which can apply to some computer‑aided theft that involves banks, wire transfers or federal mail. In addition, it is possible that the transfer of an illegal program through an intangible form could constitute wire fraud. However, the position of the courts is still unclear as to whether wire fraud laws can apply to copyright infringement.
Violations of wire fraud or mail fraud are punishable by fines, imprisonment of up to 5 years or both. If the violation is against a financial institution, such as a bank, the fines can reach as high as $1,000,000, and the imprisonment could last as long as 30 years, or both.
Electronic Communications Privacy Act
The Electronic Communications Privacy Act is aimed at crimes that do not involve theft or fraud, such as gaining illegal and forceful access to restricted electronic areas. The ECPA does this by prohibiting the interception of electronic or wire communications. It solidifies the right of privacy for computer users and enables law enforcement to monitor computer crimes through electronic surveillance.
Intercepting private transfers or obtaining or altering electronic storage is punishable by fines and up to 5 years imprisonment.
Cyberstalking
Cyberstalking involves the use of internet or some other computer network to harass or abuse a person. Usually, the stalker leaves a number of threatening messages and attempts to gain access to personal information. In order to be charged with cyberstalking, the alleged offender must be proven to have left a number of violent threats against the person or their immediate family. Continual harassment that involves annoying or menacing behavior does not qualify as stalking.
Drug Trafficking
Drug dealers are increasingly using the internet to make sales through encrypted messages and email. They sometimes even sell or trade drug recipes in secure chat rooms. Drug dealers are also easily able to launder money through online banking systems.
The internet is fast and reliable, and has more security features than any other mode of communication, making it an ideal way of arranging drug sales. It also allows purchasers to quickly and easily make buy drugs without needing to have much direct contact.