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Unformatted text preview: into a system that made all of the traffic lights turn
green at the exact same time? Should the government go through the hassle of creating
a new law for this type of activity, or should the courts use the already created (and
understood) manslaughter and murder laws? Remember, a crime is a crime, and a computer is just a new tool to carry out traditional criminal activities.
By allowing the use of current laws, this makes it easier for a judge to know what the
proper sentencing (punishments) are for these specific crimes. Sentencing guidelines
have been developed by the government to standardize punishments for the same types
of crimes throughout federal courts. To use a simplistic description, the guidelines utilize
a point system. For example, if you kidnap someone, you receive 10 points. If you take
that person over state boundary lines, you get another 2 points. If you hurt this person,
you get another 4 points. The higher the points, the more severe the punishment.
So if you steal money from someone’s financial account by attacking a bank’s mainframe, you may get 5 points. If you use this money to support a terrorist group, you get
another 5 points. If you do not claim this revenue on your tax returns, there will be no
points. The IRS just takes you behind a building and shoots you in the head. ch10.indd 848 12/4/2009 11:39:05 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 Chapter 10: Legal, Regulations, Compliance, and Investigations 849
Now, this in no way means countries can just depend upon the laws on the books
and that every computer crime can be countered by an existing law. Many countries
have had to come up with new laws that deal specifically with different types of computer crimes. For example, the following are just some of the laws that have been created or modified in the United States to cover the various types of computer crimes:
• 18 USC 1029: Fraud and Related Activity in Connection with Access Devices
• 18 USC 1030: Fraud and Related Activity in Connection with Computers
• 18 USC 2510 et seq.: Wire and Elec...
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This note was uploaded on 06/01/2013 for the course NET 125 taught by Professor Hurst during the Fall '12 term at Wake Tech.
- Fall '12