Posted: November 10th, 2015

Cyber crime and security

Cyber crime and security

discussion question

Elements of a crime are those aspects of the written laws that must be met to charge a person with and to convict a person of that crime.  Because it is very concise and to the point, I am going to use the murder statute to highlight the elements of a crime
Murder (both the state and federal statues are worded very similar) is the unlawful killing of a human being with malice aforethought.
There are 3 elements that must be met for a person to be charged with and convicted of murder. 1) it must be an unlawful killing (e.g. self defense is not murder) 2) it must be a human being 3) with malice aforethought (this means the person intended to do it – often times this is where cases become difficult because without a
confession or solid evidence they intended to do it, a jury is not allowed to merely infer intent just because the act occurred – hence people are often convicted of manslaughter – a general intent crime as opposed to a specific intent crime)
This discussion is about the law of computer intrusion. For this discussion the federal statue 18 U.S. Code 1030 is what is being referenced.
having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic
Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
You can see how computer / cyber crime laws are much more detailed. This is also only subsection (a) (1) of the statute, which has approximately 40 subsections.
You simply need to answer the two following questions (no secondary replies are required, but they must be made up in Discussion 1)

1) How many elements are in the section presented?

2) Is this crime a specific (must show the intent to commit the crime was present before the crime was committed) or general (there did not have to be the specific intent to commit the crime before it was committed) intent crime?

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