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:
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
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
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.
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
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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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.”
Europol. (n.d.). The geographical distribution of cybercrimeLinks to an external site.. Retrieved from https://www.europol.europa.eu/iocta/2015/distribution.html
Garrreynolds.com. (n.d.). Top 10 slide tipsLinks to an external site.. Retrieved from http://www.garrreynolds.com/preso-tips/design/
MSCJ ResourcesLinks to an external site. (http://ashford-mscj.weebly.com/)
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
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