Defenses to Cyber Crime Allegations
Prior to beginning work on this discussion read the Brenner, Carrier, & Henninger (2004), and Hernacki (2012) articles. Review the instructions and research a minimum of one additional scholarly source to support your work.Traditional notions of due process, legal defense, and fairness apply to cyber crimes just as they apply to any other notion of more traditional criminal allegations. Throughout your readings this week you have learned that there are two fertile areas for a defense to a cyber crime allegation: factual and legal. A factual defense can easily be summed up by the inimitable legal scholar, Mr. Bart Simpson, of the long-running animated television series, The Simpsons. Bart routinely asserts the factual defenses to allegations of wrong doing as, “I didn’t do it; nobody saw me do it; there’s no way they can prove anything.” These are all valid and somewhat comprehensive definitions of a factual defense. A legal defense, on the other hand, deals with the government’s inability to overcome a defense based on the law in areas such as jurisdiction, vagueness of the law(s), double jeopardy, statutes of limitation, etc. Include the following elements in your 400 word initial post:
- Define and examine both factual and legal defenses to cybercrime allegations.
- Your examination must include at least one scholarly source beyond this week’s required readings.
- Explain which of these two types of defense is the most likely to prevail in the greatest number of cyber crime cases and provide a rationale for your choice.
- Evaluate ways in which future laws can limit defenses to cyber crime allegations.
Required Resources
Articles
Brenner, S. W. (2006). Cybercrime jurisdictionLinks to an external site.. Crime, Law and Social Change, 46(4), 189-206. http://dx.doi.org/10.1007/s10611-007-9063-7
- The full-text version of this article is available through the ProQuest database in the UAGC Library. This article examines the concept of jurisdiction and the difficulty of applying traditional notions of jurisdiction to cyber crime allegations.
Greenberg, A. (2007, July 16). The top countries for cybercrimeLinks to an external site.. Forbes. Retrieved from http://www.forbes.com/2007/07/13/cybercrime-world-regions-tech-cx_ag_0716cybercrime.html
- This short article explains the rankings of international cyber crime nations and how the notion of sovereignty impeded international cyber crime investigations.
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Hernacki, A. T. (2012). Vague law in a smartphone world: Limiting the scope of unauthorized access under the Computer Fraud and Abuse Act. American University Law Review, 61(5), 1543-1584.
- The full-text version of this article is available through the ProQuest database in the UAGC Library. This article examines whether or not modern laws are specific enough to provide notice to potential defendants defining cyber crime and whether or not the vagueness of computer laws can provide a meaningful defense to those accused of cyber crimes.
KPMG International. (2011). Cyber crime – A growing challenge for governmentsLinks to an external site. [PDF]. Issues Monitor, 8, 1-21. Retrieved from https://www.kpmg.com/Global/en/IssuesAndInsights/ArticlesPublications/Documents/cyber-crime.pdf
- This article argues for the need for governments to collaborate globally to effectively combat international cyber crimes.
Web Page
Pate & Johnson. (n.d.). Computer hacking and cyberstalkingLinks to an external site.. Retrieved from http://www.pagepate.com/experience/criminal-defense/federal-crimes/federal-computer-crimes/
This short, one page attorney web page provides basic information about defenses to cyber crime allegations.
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Recommended Resources
Article
Brenner, S. W., Carrier, B., & Henninger, J. (2004). The Trojan horse defense in cybercrime casesLinks to an external site.. Santa Clara Computer & High Technology, (1), 1. Retrieved from http://digitalcommons.law.scu.edu/chtlj/
The full-text version of this article is available through the EBSCOhost database in the UAGC Library. One defense for cyber crime allegations stems from a defendant alleging that any harmful cyber crime activity from her or his computer was caused by malware that the defendant did not know existed within her or his computer. Basic notions of criminal liability concerning actus reus and mens rea are called into question with the “Trojan Horse Defense.”
Web Pages
Europol. (n.d.). The geographical distribution of cybercrimeLinks to an external site.. Retrieved from https://www.europol.europa.eu/iocta/2015/distribution.html
- This website provides an interactive map detailing the major, international sources of cyber crimes. Use this map to find additional information on the assigned countries for the interactive assignment.
Garrreynolds.com. (n.d.). Top 10 slide tipsLinks to an external site.. Retrieved from http://www.garrreynolds.com/preso-tips/design/
- This online resource provides helpful information on creating an engaging and interesting PowerPoint presentation.
Websites
MSCJ ResourcesLinks to an external site. (http://ashford-mscj.weebly.com/)
- This resource site will provide assistance in researching additional sources for the assessments within this course.
Supplemental Materials
University of Arizona Global Campus. (n.d.). Jing quick-start guideLinks to an external site. [PDF]. https://content.bridgepointeducation.com/curriculum/file/989618ed-43cf-4b24-b10a-1832a64024d8/1/Jing_Quick-Start_Guide.pdf
- This guide will aid you in the use of Jing.
University of Arizona Global Campus. (n.d.). Screencast-O-Matic quick-start guideLinks to an external site. [PDF]. https://content.bridgepointeducation.com/curriculum/file/62ef7e2a-3f35-4806-9cf5-d85877fca23a/1/Screencastomatic_Quick-Start_Guide.pdf
- This guide will aid you in the use of Screencast-O-Matic.
