The Law of Cybercrimes and Their Investigations: 1st Edition (Hardback) book cover

The Law of Cybercrimes and Their Investigations

1st Edition

By George Curtis

CRC Press

414 pages

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pub: 2011-08-09
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Description

Cybercrime has become increasingly prevalent in the new millennium as computer-savvy criminals have developed more sophisticated ways to victimize people online and through other digital means. The Law of Cybercrimes and Their Investigations is a comprehensive text exploring the gamut of issues surrounding this growing phenomenon.

After an introduction to the history of computer crime, the book reviews a host of topics including:

  • Information warfare and cyberterrorism
  • Obscenity, child pornography, sexual predator conduct, and online gambling
  • Cyberstalking, cyberharassment, cyberbullying, and other types of unlawful expression
  • Auction fraud, Ponzi and pyramid schemes, access device fraud, identity theft and fraud, securities and bank fraud, money laundering, and electronic transfer fraud
  • Data privacy crimes, economic espionage, and intellectual property crimes
  • Principles applicable to searches and seizures of computers, other digital devices, and peripherals
  • Laws governing eavesdropping, wiretaps, and other investigatory devices
  • The admission of digital evidence in court
  • Procedures for investigating cybercrime beyond the borders of the prosecuting jurisdiction

Each chapter includes key words or phrases readers should be familiar with before moving on to the next chapter. Review problems are supplied to test assimilation of the material, and the book contains weblinks to encourage further study.

 

Table of Contents

Section I: Cybercrimes against the Digital Infrastructure and Computer Systems

Crimes Involving the Use of Computers

Introduction

Federal Laws Governing Computer Crimes—Historical Development

Federal Laws Governing Computer Crime—18 USC § 1030

Case Applications

New York’s Computer Crime Law

Key Words and Phrases

Review Problems

Weblinks

Endnotes

Information Warfare and Cyberterrorism

What Is Information Warfare?

Brown Commission

Brian C. Lewis

Martin C. Libicki

Dorothy Denning

What Is Cyberterrorism?

Laws Regulating Information Warfare and Cyberterrorism

Federal Laws

State Laws

Key Words or Phrases

Review Problems

Weblinks

Endnotes

Section II: Cybercrimes against Individuals Crimes against Morality

Introduction

Obscenity Crimes

18 USC § 1462

18 USC § 1465

18 USC § 1466

18 USC § 1466A

18 USC § 1470

Case Law Pertaining to Online Obscenity Crimes

Child Pornography Legislation

Legislative History

Current Child Pornography Laws

18 USC § 2251: Sexual Exploitation of Children

18 USC § 2252: Certain Activities Relating to Material Involving the Sexual Exploitation of Minors

18 USC § 2252A: Certain Activities Relating to Material Constituting or Containing Child Pornography

18 USC § 2425: Use of Interstate Facilities to Transmit

Case Law Pertaining to Online Child Pornography

Online Gambling

Federal Law

State Gambling Laws

Key Words and Phrases

Review Problems

Weblinks

Endnotes

Crimes Threatening or Resulting in Physical or Mental Harm

Introduction

Sexual Predator Crimes

18 USC § 2425: Use of Interstate Facilities to Transmit Information about

a Minor

Cyberstalking and Cyberharassment Legislation

Federal Statutes

Cases on Cyberstalking and Cyberharassment

Judicial Interpretations of Federal Law

Key Words and Phrases

Review Problems

Weblinks

Internet Frauds

Introduction

Auction Fraud

Ponzi and Pyramid Schemes

Access Device Fraud

What Is an Access Device?

How Is an Access Device Fraud Committed?

Electronic Fund Transfer Fraud

Identity Theft and Fraud

Identity Theft

The Federal Identity Theft Crimes

State Identity Theft Laws

Cyberlaundering

Other Fraudulent Schemes

Key Words and Phrases

Review Problems

Weblinks

Endnotes

Section III: Crimes against Information Assets, and Data Privacy

Data Privacy Crimes

Introduction

The Fair Credit Reporting Act (FCRA)

The Fair and Accurate Credit Transactions Act (FACTA)

The Gramm-Leach-Bliley Act (GLBA)

The Health Insurance Portability and Accountability Act (HIPAA)

After the Breach: Is There a Duty to Notify the Consumer That the Security

of Their Data Has Been Compromised?

Key Words and Phrases

Review Problems

Weblinks

Endnotes

Intellectual Property Fraud

Introduction

Criminal Copyright Infringement

Software Piracy

Key Words and Phrases

Review Problems

Weblinks

Section IV: Investigation and Enforcement of Cybercrimes

Search and Seizure: Beginning Principles

Introduction

Constitutional Principles

The Fourth Amendment

Reasonable Expectation of Privacy

Workplace Searches

Protection from Government Activity

The Mere Evidence Rule

Searches with and without a Warrant

Consent

Plain View

Exigent Circumstances

Incident to a Lawful Arrest

Inventory Search

Border Search

Administrative Searches

Automobile Exception

Special Needs Exception

Key Words and Phrases

Review Problems

Weblinks

Endnotes

Search and Seizure: Electronic Evidence

Introduction

Conducting the Search or Seizure

Searches and Seizures without a Warrant

Key Words and Phrases

Review Problems

Weblinks

Wiretapping and Eavesdropping

Introduction

Statutes and Regulations

Case Law

Key Words and Phrases

Review Problems

Weblinks

Access to Stored Communications

Introduction

Case Law

Key Words and Phrases

Review Problems

Weblinks

Pen Register, Trap and Trace, and GPS Devices

Introduction

Pen Register and Trap and Trace Devices

Global Positioning Systems (GPSs)

RFID Technology

Key Words and Phrases

Review Problems

Weblinks

Digital Evidence and Forensic Analysis

Introduction

Nature of Evidence

Admissibility of Evidence

Preservation of Evidence

Chain of Custody

Admissibility of Digital Evidence

The Frye Test

Frye Plus

Daubert Test

Expert Opinion Evidence

Rules Requiring the Exclusion of Evidence

Hearsay Rule

Best Evidence Rule

Key Words and Phrases

Review Problems

Weblinks

International Issues Involving the Investigation and Prosecution of Cybercrime

Introduction

Jurisdiction

Extraterritorial Application of Criminal Laws

International Enforcement and Cooperation

Letters Rogatory

Mutual Legal Assistance Treaty

Extradition Treaty

Council of Europe Convention on Cybercrime

Key Words and Phrases

Review Problems

Weblinks

References

Index

Subject Categories

BISAC Subject Codes/Headings:
LAW026000
LAW / Criminal Law / General
LAW041000
LAW / Forensic Science