computer chrime - current practices, problems and proposed so.txt

黑客培训教程

          5.   Although   there  is  no   set  definition  of   a  computer


          publication,  it is created  and published solely  on a computer.


          Peretti,  Computer Publications  and the  First Amendment  (1990)


          (available  at Princeton  University FTP  site  and The  American


          University Journal of International Law and Policy Office).

          6.   Dorothy  Denning,  The   United  States  v.   Craig  Neidorf


          (available  at The American  University Journal  of International


          Law and Policy office).

          7.   Schares,  A  German  Hackers'  Club that  Promotes  Creative


          Chaos, Business Week, Aug. 1, 1988, 71.

          8.   Barlow, Crime and  Puzzlement: In advance of the  Law on the


          Electronic Frontier, Whole Earth Review, Sept. 22, 1990, 44.

          9.   Kopetman, Computer  Gave Them  Bum Rap,  Los Angeles  Times,
                                                        Los Angeles  Times


          Jan. 10, 1991, at B1, col. 2.

          10.  See, J. Thomas McEwen, Dedicated Computer Crime Units (19--)
               See,


















          (stating how  important computers  have become  to society).   In


          1978 there were 5,000 desktop computers in the United States.  S.


          Rep. No.  432, 99th  Cong., 2d Sess.  2, reprinted in,  1986 U.S.
                                                   reprinted in


          Code Cong. &  Admin. News 2479, 2479.   By 1986, this  number had


          increased to about 5 million.  Id.
                                         Id.

          11.  See, S. 2476, Floor Statement by Senator Patrick Leahy.

          12.   See,  Stoll  at  ___ (stating  that  all countries,  except


          Albania, are connected via computer systems).

          13.   McEwen, Dedicated Computer  Crime Units 1 (19--).   Another
                        _______________________________


          definition used  is  the definition  of computer  crime was  "any


          illegal  act  for  which  knowledge  of  computer  technology  is


          essential for successful investigation and prosecution".  Parker,


          Computer Crime:  Criminal Justice Resource Manual, (1989).
          _________________________________________________

          14.  Conly,  Organizing  for  Computer  Crime  Investigation  and


          Prosecution, 6-7 (19--).

          15.  For instance,  the estimated  cost of  the Internet Worm,  a


          computer program created  by Robert Morris,  Jr. which shut  down


          the  Internet  computer  system, varies  from  $97,000,000  (John


          McAfee,  Chairman,  Computer   Virus  Industry  Association)   to


















          $100,000  (Clifford Stoll's low  bound estimate).   Commitment to


          Security, 34  (1989).  It  is difficult to determine  exactly the


          cost  of such  crime because  it is  difficult to  determine what


          should be included.  The estimated downtime of a  computer due to


          such activity  could be used to determine the  cost.  This may be


          flawed, however, since it will not take into account how  much of


          the down  time actually  would have been  used.   Electronic Mail


          Letter from Richard  Stallman to Brian J. Peretti  (Dec. 3, 1990)


          (concerning computer crime).

          16.  Commitment   to  Security,   34.    The   average  facility,


          consisting  of  1,224  microcomputers,  96  minicomputers and  10


          mainframe  computers, lost $109,000,  365 personnel hours  and 26


          hours computer time loss per year. Id.
                                             Id.

          17.  Id. at 23. 6 percent of  incidents resulted in prosecutions.
               Id.


          Id.
          Id.

          18.  Id.
               Id.

          19.    Only 1.5 percent of  respondents to a National  Center for


          Computer Crime Data used Anti-virus  products in 1985.   By  1988


          this figure  rose to  22 percent.   By  1991, 53  percent of  the

















          respondents stated that  they would be using  anti-virus software


          by  1991.   According  to  a  Price  Waterhouse survey  in  Great


          Britain,  in 1985  26  percent  installations  spent  nothing  on


          security.   Authers,  Crime  as  a  Business  Risk-  Security/  A
                                Crime  as  a  Business  Risk-  Security/  A


          Management  as Well  as  a  Technical  Problem,  Financial  Times
          Management  as Well  as  a  Technical  Problem


          (London), November 7, 1990.  By 1990 this figure had shrunk  to 4


          percent and is  expected to decline to 0 by 1995. Id.  The amount
                                                            Id.


          spent on security for new systems has increased from 5 percent in


          1985 to 9 percent by 1990. Id.
                                     Id.


               In Japan, less  than 10 percent of groups  that rely heavily


          on  computers have  taken  measures  to  prevent  virus  attacks.


          Computer  Users Fail to Protected Against Viruses. Although Japan
          Computer  Users Fail to Protected Against Viruses.


          does not  have a computer crime law, there  is a movement to make


          such a law.   Computer Body Calls for Jail Sentences for Hackers,
                        Computer Body Calls for Jail Sentences for Hackers


          Kyodo News  Service,  Nov. 15,  1990  (available from  the  Nexis


          library).     The   Japan   Information  Processing   Development


          Association has  stated that  the new law  should make  the crime


          punishable of either one year of hard labor or a fine. Id.
                                                                 Id.
















          20.  The terms was first applied in 1984. Commitment to Security,


          34 (1989).

          21.  Ring, Computer Viruses; Once Revered as Hackers, Technopaths


          Threaten  Security of  Computer-Dependant Society,  Computergram,


          July 7,  1989.  Some of  these viruses are  extremely small, e.g.


          Tiny, which is 163 bytes, may be the smallest.  Friday 13th Virus


          Alert, The Times (London), July 12, 1990.

          22.  Graggs, Foreign  Virus Strains  Emerge as  Latest Threat  to
                       Foreign  Virus Strains  Emerge as  Latest Threat  to


          U.S. PCs,  Infoworld, Feb.  4, 1991, 18.   Viruses  have appeared
          U.S. PCs


          from Bulgaria, Germany, Australia, China and Taiwan. Id. Some new
                                                               Id.


          viruses  include Armageddon,  from Greece  which  attacks through


          modems and then dials to a talking clock in  Crete, Liberty, from


          Indonesia,  Bulgaria 50,  which is  thought to  have come  from a


          "laboratory"  in Sofia,  Victor,  thought  to  originate  in  the


          U.S.S.R., the Joker,  from Poland, which tells the  user that the


          computer needs a  hamburger, and Saturday  the 14th, presumed  to