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Fraud and Fraudulent Instruments - Essay Example

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Fraud and Fraudulent Instruments

In 1996, the CFAA was amended by the National Information Infrastructure Protection Act. This Act amends all computers joined to the Internet and all computer activities, whether they occur locally or nationally". (Ferrera et al, 2001, p. 308)
The Act was introduced and amended in Title 18 of the United States Code (Ferrera et al, 2001, p. 309) for prosecuting cyber crimes like drugs dealing, fraud, the transmission of pornography, international crime, money-laundering and the policing methodologies such as electronic eavesdropping. "Since it is hard to prohibit criminals from the market, as can be done in some areas of white-collar crime or, increasingly via the civil law, from stores or even private shopping malls, the damage caused even by individual acts of computer fraud or vandalism may be entirely disproportionate to offenders' assets and income, far more so than in shop theft or fraud". (Bamfield, 1997)
According to Wall, "The term 'cyber crime' does not actually do much more than signify the occurrence of a harmful behaviour that is somehow related to a computer. It has no specific referent in law, and it is a concept that has been largely invented by the media. (Wall, 2001, p. 3) The Internet has a profound deep impact upon criminal activity in three main ways. According to Wall (2001) "the first way is the way Internet has become a vehicle for communications which sustain existing patterns of harmful activity, such as drug trafficking, and also hate speech, bomb-talk, stalking and so on. Newsgroups, for example, circulate information about how to bypass the security devices in mobile telephones or digital television decoders. Second, the Internet has created a transnational environment that provides new opportunities for harmful activities that are currently the subject of existing criminal or civil law. Examples would include paedophile activity, and also fraud. Third, the nature of the virtual environment, particularly with regard to the way that it distanciates time and space, has engendered entirely new forms of (unbounded) harmful activity such as the unauthorized appropriation of imagery, software tools and music ...Show more

Summary

The advancements of computer technologies where on one hand has created ease for us, on the other hand, this technology has produced many criminal minds for which it is necessary to develop and implement law and legislations. According to Benson et al, "Congress has treated computer-related crimes as distinct federal offenses since 1984 after passage of the Counterfeit Access Device and Computer Fraud and Abuse Law (CFAA)" (Benson et al, 1997)
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