International review of criminal policy - Nos. 43 and 44

International review of criminal policy: United Nations Manual on the prevention and control of computer-related crime

The burgeoning of the world of information technologies has, however, a negative side: it has opened the door to antisocial and criminal behavior in ways that would never have previously been possible. Computer systems offer some new and highly sophisticated opportunities for law-breaking, and they create the potential to commit traditional types of crimes in non-traditional ways. In addition to suffering the economic consequences computer crime, society relies on computerized systems foralmost everything in life, from air, train and bus traffic control to medical service coordination and national security. Even a small glitch in the operation of these systems can put human lives in danger. Society's dependence on computer systems, therefore, has a profound human dimension. The rapid transnational expansion of large-scalecomputer networks and the ability to access many systems through regular telephone lines increases the vulnerability of these systems and the opportunity for misuse or criminal activity. The consequences of computer crime may have serious economic costs as well as serious costs in terms of human security.

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CONTENTS

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Introduction

1. The international problem
2. Regional action
3. The need for global action
4. Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders

I. THE PHENOMENON OF COMPUTER CRIME

1. Definition of computer crime
2. The extent of crime and losses
3. Perpetrators of computer crime
4. The vulnerability of computer systems to crime
5. Common types of computer crime

II. SUBSTANTIVE CRIMINAL LAW PROTECTING THE HOLDER OF DATA AND INFORMATION

1. Background
2. The development of national law
3. The international harmonization of criminal law

III. SUBSTANTIVE CRIMINAL LAW PROTECTING PRIVACY

1. Background
2. The development of national law
3. International harmonization

IV. PROCEDURAL LAW

1. Background
2. The coercive powers of prosecuting authorities
3. Specific problems with personal data
4. Admissibility of computer generated evidence
5. International harmonization

V. CRIME PREVENTION IN THE COMPUTER ENVIRONMENT

1. Security in the electronic data processing environment
2. Assets
3. Security measures
4. Law enforcement and legal training
5. Victim cooperation in reporting computer crime
6. Developing a computer ethic
7. International security of information systems

VI. INTERNATIONAL COOPERATION

1. General aspects
2. The jurisdiction issue
3. Transborder search of computer data banks
4. Mutual assistance in transborder computer related crime
5. Extradition
6. Transfer of proceedings in criminal matters
7. Concluding remarks and suggestions

VII. CONCLUSION