Topic: Computer Crime - Anti-cyber-crime Legislation

Approximately 40 federal statutes govern the prosecution of computer-related crimes. Among the most prominent are the Copyright Act, the National Stolen Property Act, mail and wire fraud statutes, the Electronic Communications Privacy Act, the Communications Decency Act of 1996, the Child Pornography Prevention Act, and the Child Pornography Prevention Act of 1996.

Congress recognized computer-related crimes as discrete federal offenses with the 1984 passage of the Counterfeit Access Device and Computer Fraud and Abuse Law, which was revised four times in the following decade. This law narrowly protected classified U.S. defense and foreign relations information, files of financial institutions and consumer reporting agencies, and access to governmental computers.

Congress enacted another major anti-cyber-crime law in 1996, the National Information Infrastructure Protection Act (NIIPA). NIIPA broadened the scope of protection offered by the Computer Fraud and Abuse Law by covering all computers attached to the Internet and, therefore all computers used in interstate commerce. It also criminalized all unauthorized access of computer files in order to transmit classified government information; intentional access of U.S. department or agency non-public computers without permission; and accessing protected computers, without or beyond authorization, to defraud and obtain something of value.

The Copyright Act covers computer-related copyright infractions, such as software piracy. The act provides criminal remedies for any intentional infringement of a copyright perpetrated for commercial advantage or private financial gain. Given the ease and anonymity of nearly identical reproductions made of online intellectual property, such as software, digitized text, and audio and visual files—and the ability to disseminate those copies worldwide—many see copyright as an increasingly costly cyber-crime offense. Traditional exceptions to copyright privileges, such as "fair use" and the "right of first sale," may be eroded under evolving copyright protection laws in cyberspace. Digital intellectual property rights also are regulated by the No Electronic Theft Act of 1996, which criminalizes the electronic reproduction and dissemination of copyrighted material.

The National Stolen Property Act (NSPA) has been extended to cover the fraudulent transfer of funds online, as well as the theft of tangible hardware. The courts have determined that federal mail and wire fraud statutes, which outlaw the use of interstate wire communications or the mail to defraud persons of money or property, also can apply to computer-aided theft. However, the case law on this point is still evolving.