Computer Forensics and Cyber Crime PDF

Computer Forensics and Cyber Crime CHAPTER 8 Applying the First Amendment to...

Computer Forensics and Cyber Crime CHAPTER 8 Applying the First Amendment to Computer-Related Crime Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved Introduction and General Principles Protections against censorship of text and images, including available on a computer, exist in the First Amendment's right of free speech. These protections pose problems; for example:  Courts differ on whether material is protected by the First Amendment.  Technology-specific criminal legislation has included intentionally vague descriptions of forbidden text and images so that content delivered via emerging technologies will be included in its scope. Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved  Obscenity in General It is difficult to define what is obscene: “I can’t define it, but I know it when I see it.” Community standards, which matter here, generally vary regarding what is considered obscene. This variation is further confounded by:  The existence of a worldwide community, the Internet, when trying to determine what is obscene.  The fact that virtual (i.e., not actual) images may be different than real images. Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved Traditional Notions of Decency  Difference between indecent and obscene speech  Indecent speech, even if it does not reach the level of obscenity, cannot be broadcasted (radio, television) during times when children may be presumed to be part of an audience; so, accessibility to children results in reduction of protection Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved Traditional Notions of Decency  Telephone communications and cable TV enjoy heightened levels of protection because they are not as pervasive or accessible, since they require affirmative actions to use and do not reach captive audiences.  The court recognized a compelling interest in protecting children, but to censor entire categories of speech is an unacceptable infringement. Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved Emerging Statutes and the Availability of Obscene Material to Children Telecommunications Reform Act of 1996, aka Communications Decency Act (CDA) Designed to regulate the previously untamed frontier of cyberspace Criminalized harassment, stalking, annoyance, or abuse of any individual in an electronic medium Criminalized any obscene communication to a minor or the transmission of information that was prima facie, offensive Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved Traditional Attempts to Criminalize Child Pornography Started with enactment of Protection of Children Against Sexual Exploitation Act (1977) Did not require scienter (specific level of knowledge) on the part of the violator as to age to secure a conviction; lack of scienter requirement led to ruling of unconstitutionality Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved Technology-Specific Legislation – Contention in the Courts Did virtual child pornography stimulate child molesters, increasing their dangerousness? Struck down by the Court in Ashcroft v. Free Speech Coalition Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved  Internet Gambling Old Wire Act of 1961 language not enough to respond to dramatic increase in online sports betting and bookmaking activities Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) aimed to regulate payment systems, lifeblood of gambling activities Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved  Internet Gambling Lack of international cooperation and the WTO Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved Future Issues and Conclusions Tension between providing for free flow of information, protected by First Amendment, and compelling interest to protect children  However, questions remain about protections and technologically-generated or technologically-altered images Computer Forensics and Cyber Crime, 3rd ed. Copyright © 2013 by Pearson Education, Inc. Marjie T. Britz All Rights Reserved