Law and Cybercrime in the United States Today

American laws addressing cybercrime are shaped by the general structure of law in a federal state with common law courts. As cybercrime encompasses both general preexisting crime that is extended onto the Internet, as well as crimes that are specific to a twenty-first century world of networked comp...

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Bibliographic Details
Published in:The American journal of comparative law 2010-01, Vol.58 (1), p.659-685
Main Author: MEHRA, SALIL K.
Format: Article
Language:English
Subjects:
Child pornography
Common law
Computer law
Copyright
Copyright infringement
Crime
Criminal law
Criminals
Cybercrimes
Fraud
Information and communication technologies
Internet
Legal systems
Obscenity
SECTION VI: COMPUTERS: INTERNET CRIMES
Statutory law
Treaties
U.S.A
United States
Websites
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Summary:American laws addressing cybercrime are shaped by the general structure of law in a federal state with common law courts. As cybercrime encompasses both general preexisting crime that is extended onto the Internet, as well as crimes that are specific to a twenty-first century world of networked computers, legal responses include the application of laws of general applicability as well as specific enactments aimed at crime on the Internet. To date, American efforts at dealing with Internet crime continue to be dominated by reactive legislation and responsive recasting of existing criminal law actions to deal with crimes such as unauthorized access, fraud, obscenity, child pornography, and copyright infringement. Accession to the Convention on Cybercrime has seen the enactment of provisions aimed at meeting commitments thereunder. However, a systematic approach to cybercrime is still at a nascent stage.
ISSN:0002-919X
DOI:10.5131/ajcl.2009.0029