computer fraud

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More definitions of computer fraud


any traditional crime that has acquired a new dimension or order of magnitude through the aid


of a computer, and abuses that have come into being because of computers;


• any financial dishonesty that takes place in a computer environment;


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• any threats to the computer itself, such as theft of hardware or software, sabotage and demands


for ransom.


The reason for not classifying the computer crime as a “Crime”


1. It could be argued that computer crime is not a unique offense but rather a novel means of


committing a more traditional offense. Consequently, many computer crimes are prosecuted


under such traditional criminal statutes as wire fraud and destruction of property.


. While existing criminal statutes are sufficiently generic to prosecute many computer-related


offenses, these statutes are incomplete. For example, some offenses � such as unauthorized access


to a computer to permit electronic browsing � are unique to computers and difficult to prosecute


. Under traditional criminal statutes. These offences typically target the computer in which


proprietary information is stored and generally can be accessed, altered, stolen, or sabotaged


without the perpetrator being physically present or without resorting to the use of force.


Preventive measures


1.


Difficulties in prosecuting


computer-related criminal activity arise because much of the property involved is intangible (in the form of magnetic impulses) and does not mesh well with traditional theft or larceny statutes.


This problem was compounded by the advent of hackers & who have been able to access


(trespass into) both private and public computer systems, sometimes with potentially serious


results.


Extension of computer-related crime beyond the


traditional notions of fraud to other related activity in connection with computers by establishing six new offenses


1 knowingly accessing a computer without authorization to obtain national security data


intentionally accessing a computer without authorization to obtain certain confidential financial


information


intentionally accessing a government computer thereby affecting the use of the governments


operation of such computer


4. improperly accessing financial information. Review of the case documents indicates that ten cases involved


5. credit card fraud or altering credit histories to obtain bank loans improperly. The remaining two cases involved the theft/embezzlement of monies from a financial institution. Again, because the pecuniary loss in these cases was readily quantifiable, the Working Group found that the existing fraud guideline adequately addressed the offence conduct.


Some reports from which confirm the severity of computer fraud


Of the remaining 1 defendants, five were convicted of accessing a government computer and


affecting its use improperly accessing a computer to obtain criminal history information from the National Criminal Information Center (NCIC) system for re-sale;


improperly accessing a computer to monitor an ongoing criminal investigation;


improperly accessing a computer to use e-mail; and


programming a computer to delete personal information upon the defendants resignation from


organization.


government computer information to browse the


system, a violation of subsection


six defendants were convicted of trafficking stolen telephone access passwords Of these latter defendants, the


Loss caused by the use of the stolen telephone access passwords was readily


Quantifiable.


Punishments


.


Finally, the Working Group found that the penalty imposed generally was proportional to the


type of offense committed.


The sentences imposed according to the defendants motivation. While the average sentence imposed was 6.8 months imprisonment,


the data indicate that defendants who committed the least serious offenses (i.e., browsing


computer systems, demonstrating computer prowess, or committing minor vandalism) were placed


on probation; defendants who committed fraud, theft, or embezzlement were sentenced to an


average of seven months imprisonment; and defendants who affected the administration of justice


or committed industrial espionage were sentenced, on average, to 17. months imprisonment.





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