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Computer Crime As It Differs Term Paper

Although technology is becoming more secure, cybercrime has increased as Internet use has risen. In fact, according to the Computer Emergency Response Team (CERT) Coordination Center at Carnegie Mellon University, the number of cybersecurity incidents more than doubled to nearly 53,000 last year. In the first three months of 2002 alone, CERT counted nearly 27,000 incidents.

Despite the sharp increase in malicious viruses and network break-ins, many offenders are not held accountable or punished for their crimes. Because the law in the Philippines did not criminalize the intentional release of computer viruses, the individual responsible for the "ILOVEYOU" virus, which caused an estimated $8 billion in damage, was never charged with any crime. Even in the United States, where cybercrime is subject to the Computer Fraud and Abuse Act, convicted cybercriminals often serve little or no prison time. Sentences for violations are determined by calculating the actual economic loss, difficult to establish...

Security experts warn that terrorist organizations and hostile nations may employ hackers to target U.S. commerce, telecommunications and utility grids. The potential consequences are perilous.
In order to curb cybercrime, lawmakers should consider more forceful deterrents. The Cyber Security Enhancement Act of 2002, now before the U.S. House of Representatives, addresses weaknesses in current law by directing the U.S. Sentencing Commission to review and amend Federal computer crime sentencing guidelines. The bill empowers judges to issue appropriately tough sentences for computer crime by allowing them to consider intent, violations of privacy rights and the sophistication of the offense in addition to actual loss. Once enacted, the law will help deter cybercrime by subjecting hackers to real penalties for committing real crimes.

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Despite the sharp increase in malicious viruses and network break-ins, many offenders are not held accountable or punished for their crimes. Because the law in the Philippines did not criminalize the intentional release of computer viruses, the individual responsible for the "ILOVEYOU" virus, which caused an estimated $8 billion in damage, was never charged with any crime. Even in the United States, where cybercrime is subject to the Computer Fraud and Abuse Act, convicted cybercriminals often serve little or no prison time. Sentences for violations are determined by calculating the actual economic loss, difficult to establish accurately in the context of computer crime, and are limited to 10 years.

Taking cybercrime seriously is even more important in a post-September 11 world. Security experts warn that terrorist organizations and hostile nations may employ hackers to target U.S. commerce, telecommunications and utility grids. The potential consequences are perilous.

In order to curb cybercrime, lawmakers should consider more forceful deterrents. The Cyber Security Enhancement Act of 2002, now before the U.S. House of Representatives, addresses weaknesses in current law by directing the U.S. Sentencing Commission to review and amend Federal computer crime sentencing guidelines. The bill empowers judges to issue appropriately tough sentences for computer crime by allowing them to consider intent, violations of privacy rights and the sophistication of the offense in addition to actual loss. Once enacted, the law will help deter cybercrime by subjecting hackers to real penalties for committing real crimes.
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