Computer Crime: The law on the misuse of computers and networks. Paul Mobbsfor.

Computer crime is an oft-used term that has a very vague meaning. The law on computer crime tends to lag behind the actual practice of computer-based crime much more than is the case in other branches of crime.

Computers are a tool, and, like any other tool, can used by people intent on causing damage or carrying out some form of illegal activity. The nature of today's Internet and computer networks means that criminal activity can be carried out across national borders. This can create problems over the jurisdiction of those investigating the crime, and over differences in the law of the relevant countries where the crime took place; an activity deemed criminal in the home country of the target of the crime, for example, may not be considered so in the country from which the offending action was launched.

There are number of ways in which computers can be used for crime:

• to commit 'real-world' crimes, such as forgery, fraud or copyright piracy, just like any other technical device; these types of computer-enabled crime are not usually prosecuted using other relevant laws rather than computer crime law;

• to damage or modify other computerised systems; these are the types of activity that are usually prosecuted using computer crime legislation;

• used for activities that cannot be prosecuted but that skate around the edges of legality; to the frequent frustration of law makers and security consultants, these sorts of activity cannot be legislated against because they often employ everyday, lawful means on the Internet.

Computers and the Internet are complex, but they function on a very narrow set of technical principles. This provides great flexibility, but makes it very difficult to legislate against certain types of activity without affecting others.

More on http://www.internetrights.org.uk