Application: Cybercrime-Related Laws and Digital Evidence
Imagine you are watching a movie that has a dramatic court scene where the prosecutor picks up a menacing weapon used in the commission of the crime. As he or she thrusts it up high for all to see, a collective gasp echoes through the courtroom. The jury's eyes widen as their minds struggle to process the weapon visually.
Now consider the same movie scene again. Except this time, the prosecutor picks up a laptop and thrusts it into the air. The same dramatic reaction, however, is unlikely. Although digital evidence that is stored in devices might seem intangible, this type of evidence has been used in previous legal cases for trying cybercrime.
Cybercrime is just as real and subject to the same burdens of proof and judicial process. Yet, the admissibility of digital evidence for establishing proof of a cybercrime can be challenging. Understanding the linkage between digital evidence and the execution of a cybercrime is important for establishing a legal case.
To prepare for this Assignment, pick one of the following areas of cybercrime and select a federal or state law that addresses it:
- Computer Intrusions
- Cyberterrorism
- Cyberharassment and Cyberstalking
- Economic Espionage
- Financial Crimes and Fraud
For this Assignment, write a 3- to 5-page paper in APA format that:
- Summarizes the key elements of the law.
- Explains the types of digital evidence that would need to be collected to prosecute a case under this law. Be sure that you include possible sources of evidence, such as computing devices, wireless devices, and Internet service providers (ISPs).
- Proposes a new or emerging technology within the area of cybercrime selected that might not be covered under this law.
Required ResourcesReadings
- Easttom, C., & Taylor, J. (2011). Computer crime, investigation, and the law. Boston, MA: Course Technology.
- Chapter 6, "Organized Crime and Cyber Terrorism" (pp. 210-223)
These pages discuss cyber terrorism, information warfare, and cyber espionage.
- FindLaw. (1999). United States v. Upham. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/1st/981121.html
This site contains the text for the appeal for United States v. Upham.