CYBERCRIMEANDPUNISHMENT-CornellUniversity.pdfVIP

Cyber Crime . . . and Punishment? Archaic Laws Threaten Global Information December 2000 A Report Prepared By with support from ©Copyright 2000, McConnell International LLC. All Rights Reserved. CYBER CRIME . . . AND PUNISHMENT? ARCHAIC LAWS THREATEN GLOBAL INFORMATION DECEMBER 2000 Overview The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in national capitals. In most countries around the world, however, existing laws are likely to be unenforceable against such crimes. This lack of legal protection means that businesses and governments must rely solely on technical measures to protect themselves from those who would steal, deny access to, or destroy valuable information. Self-protection, while essential, is not sufficient to make cyberspace a safe place to conduct business. The rule of law must also be enforced. Countries where legal protections are inadequate will become increasingly less able to compete in the new economy. As cyber crime increasingly breaches national borders, nations perceived as havens run the risk of having their electronic messages blocked by the network. National governments should examine their current statutes to determine whether they are sufficient to combat the kinds of crimes discussed in this report. Where gaps exist, governments should draw on best practices from other countries and work closely with industry to enact enforceable legal protections against these new crimes. This report analyzes the state of the law in 52 countries. It finds that only ten of these nations have amended their laws to cover more than half of the kinds of crimes t