CYBERCRIME – WEEK 1
(Lectures 1, 2)
DAVID THAW
University of Connecticut School of Law
CLASS OVERVIEW
• Lecture 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”
• Discussion
LECTURE 1 OVERVIEW
• Preview of Course Themes:
• Substantive crimes
• Investigatory means/methods
• Jurisdictional issues
• Background – mine, yours, and getting the most
out of the class
• Casebook hypos
• Administrivia
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 prosecution
BACKGROUND
• Me: 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!
CYBERCRIME
OVERVIEW
• What 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)
form
CYBERCRIME
OVERVIEW
• Substantive 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 secrets
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 
Substantive
COMPUTER MISUSE
• Offenses 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’ privileges
DISCUSSION
• Cases
• United States v. Seidlitz
• State v. McGraw
• Casebook Hypotheticals
• Fred Felony
• KillerBee/Bryan Smith
• Sarah Jones
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!
CASEBOOK HYPO –
COMPUTER MISUSE
• KillerBee (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?
CASEBOOK HYPO –
COMPUTER MISUSE
• Sarah 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?