Implication and Variation Question, Essay Example

What are the implications of having so much variation in state statutes on computer-crime law? Give specific examples.

With no consistency of state statutes there cannot be any precedent set by prior laws and statutes since the laws change. The only hope for precedence is through federal law, Supreme Court law or at an appellate level. On the other hand, variation in state statutes in each individual state allows each state to entirely control the laws relating to cyber crime and allows the judicial at the state level to prosecute the criminals at the lower level of original jurisdiction. State courts normally keep precedence on decisions made at this level.

Examples of state statutes on variation of criminal computer laws are as follows: In the State of Missouri, the bill was updated to state harassing no longer includes simply harassing in the form of communication in writing or over the telephone but also includes messages from the computer, text messages or other electronic devices. Ohio has added a statute of unauthorized use of a computer or electronic communication ORC §2913.04 and a telecommunication hazard ORC §2917.21. “All states that ratify cyber law and try to incorporate approaches to maintain systematic approaches to ending cyber crime under the Computer Misuse Act will be on the right track towards ending the variation amongst the states.”( Flannagan, 2005).

In addition to discussing the variation state to state (and remember federal laws differ from states) consider identifying a crime in its traditional sense compared to that crime as a computer crime. How has technology advanced these “crimes”?

A cybercrime is any crime by definition that can be committed with or without a computer, but is committed instead by the use of a computer or electronic device. An example would be harassment. Harassment can be committed through the telephone, text messages, computer by email, SMS or in person. If a crime is committed through the computer, then it falls under a cyber crime because the actual crime was committed through the aid of a computer. Another cyber crime is copyright infringement which can be committed by stealing drawings physically or stealing drawings from a computer with the intent to permanently deprive another of their property. If the crime is done on a computer it then becomes a cyber crime.

Most cyber crimes are held in federal courts however depending on the situation some may be held in state courts. (“Internet Business Law Services”). Technology has made it easier for people to contact each other spontaneously on such programs as Instant Message, which facilitates the chance to be labeled with a harassment charge. Text messaging further leaves a paper along with email messages. Phone conversations used to be the safest way to communicate without worrying about harassment charges unless there was a witness to the conversation and the conversation was recorded with the other person’s consent. It is now through the Communications Act that some emails and texts are considered allowable evidence in court.

References

Schmalleger, F. Criminology Today: An Integrative Introduction New York: Pearson/Prentice Hall Publishing, 2007.

Flannagan, A. (2005) The Law and Computer Crime Retrieved April 14, 2010 from, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=915207

Internet Business Law Services (2008) Retrieved April 14, 2010 from, http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1986

O’Donnell and Lincoln Authenticating Email as Evidence Retrieved April 14, 2010 from, http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1186736525985