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Chapter 3: Technology and Law
Overview
Eoghan Casey, Robert Dunne, and Tessa Robinson
Given the intangible nature of "electronic property" and the legal ambiguity surrounding malicious intent, we should not be surprised to find states amending extant criminal law to cover abuse by computer ... Most jurisdictions, however, adopted a very different tactic. They defined computer crime as a unique legal problem and thereby created separate computer crime chapters in their criminal codes.
(Hollinger and Lanza-Kaduce 1988)
Many cybercrimes can be addressed using existing laws. After all, cybercrime is just a new manifestation of age-old crimes - the primary difference is that a new technology is involved. However, the Internet creates new challenges that require legal issues to be rethought and legislation to be amended. For instance, laws prohibiting the creation and distribution of child pornography have been amended to include the use of computers and networks.This chapter provides an overview of legal issues relating to technology from two perspectives - United States and Europe. By presenting legal issues from both sides of the Atlantic side-by-side, similarities and differences become evident.
