Chapter 16 Criminal Regulations

In the 1980s, an entirely new type of criminal began to surface on law enforcement’s radar screen. Unlike a traditional criminal who would engage in wanton destruction of life and property, this criminal, often male, was technologically-savvy and had discovered that he could gain information, wealth, and power through the use of computers and networks. Often he would act alone but, at other times, he would organize groups with cryptic names including 414s, the telephone area code for the city of Milwaukee; Legion of Doom; and the Chaos Computer Club [1, 2]. These individuals would use their technological knowledge and skills to primarily break into computers and networks to either steal proprietary information or fraudulently obtain telecommunications services at no cost. This new group of cybercriminals challenged our legal system and forced Congress and state governments to enact new laws to fight them. This chapter analyzes the substantive and procedural laws that Congress had to enact to combat crimes involving the use of technology and computers. It looks examines the challenges posed by cybercrimes, in particular the difficulties encountered by law enforcement in investigating and prosecuting cybercrimes. 16.1 Substantive Laws Addressing Digital Crime