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Encoding QR Code ISO/IEC18004 in Software 3: Legal Issues, Privacy, and Ethics

3: Legal Issues, Privacy, and Ethics
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The last way computers are involved with criminal activities is through incidental involvement Back in 1931, the US government used accounting records and tax laws to convict Al Capone of tax evasion Today, similar records are kept on computers Computers are also used to traffic child pornography and other illicit activities these computers act more as storage devices than as actual tools to enable the crime Because child pornography existed before computers made its distribution easier, the computer is actually incidental to the crime itself With the three forms of computer involvement in crimes, coupled with increased criminal involvement, multiplied by the myriad of ways a criminal can use a computer to steal or defraud, added to the indirect connection mediated by the computer and the Internet, computer crime of the 21st century is a complex problem indeed Technical issues are associated with all the protocols and architectures A major legal issue is the education of the entire legal system as to the serious nature of computer crimes All these factors are further complicated by the use of the Internet to separate the criminal and his victim geographically Imagine this defense: Your honor, as shown by my client s electronic monitoring bracelet, he was in his apartment in California when this crime occurred The victim claims that the money was removed from his local bank in New York City Now, last time I checked, New York City was a long way from Los Angeles, so how could my client have robbed the bank EXAM TIP Computers are involved in three forms of criminal activity: the computer as a tool of the crime, the computer as a victim of a crime, and the computer that is incidental to a crime PART I
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Common Internet Crime Schemes
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To find crime, just follow the money In the United States, the FBI and the National White Collar Crime Center (NW3C) have joined forces in developing the Internet Crime Complaint Center, an online clearinghouse that communicates issues associated with cybercrime One of the items provided to the online community is a list of common Internet crimes and explanations (wwwic3gov/crimeschemesaspx) A separate list offers advice on how to prevent these crimes through individual actions (wwwic3 gov/preventiontipsaspx) Here s a list of common Internet crimes from the site: Auction Fraud Auction Fraud Romania Counterfeit Cashier s Check Credit Card Fraud Debt Elimination Parcel Courier Email Scheme Employment/Business Opportunities
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Escrow Services Fraud Identity Theft Internet Extortion Investment Fraud Lotteries Nigerian Letter or 419 Phishing/Spoofing Ponzi/Pyramid Scheme Reshipping Spam Third Party Receiver of Funds
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In the United States, three primary sources of laws and regulations affect our lives and govern actions Statutory laws are passed by the legislative branches of government, be it the Congress or a local city council Another source of laws and regulations are from administrative bodies given power by other legislation The power of government sponsored agencies, such as the Environmental Protection Agency (EPA), the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC), and others lie in this powerful ability to enforce behaviors through administrative rule making The last source of law in the United States is common law, which is based on previous events or precedent This source of law comes from the judicial branch of government: judges decide on the applicability of laws and regulations All three sources have an involvement in computer security Specific statutory laws, such as the Computer Fraud and Abuse Act, govern behavior Administratively, the FCC and Federal Trade Commission (FTC) have made their presence felt in the Internet arena with respect to issues such as intellectual property theft and fraud Common law cases are now working their way through the judicial system, cementing the issues of computers and crimes into the system of precedents and constitutional basis of laws EXAM TIP Three types of laws are commonly associated with cybercrime: statutory law, administrative law, and common law
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