Criminal Law and Tort Law Issues in Cyberspace

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Goals

• Understand ethical principles that apply to cybersecurity and cybersecurity laws
• Understand the common criminal laws used to prosecute cybercrimes
• What general criminal law concepts are
• What common criminal law issues in cyberspace are
• What general tort law concepts are
• What common tort law issues in cyberspace are

Criminal law refers to laws that the federal and state governments have created to define unacceptable behavior.

• Criminal law deals with crimes

Tort law refers to wrongful acts or harm for which an individual can sue the person who caused the harm.

• governs disputes between individuals

General Criminal Law Concepts

• Main Principles of Criminal Law
• Criminal Procedure

Common Criminal Laws Used in Cyberspace

• A computer, or any electronic device, can play one of four roles in crime:
  • To commit a crime
  • To facilitate a crime
  • As a target of crime
  • As a witness to crime
• just because a computer or electronic device is involved in a crime does not make that crime a cybercrime

Cybercrimes are crimes that use computers as a medium to commit a crime or where the computer itself is the target of the crime.

• also called computer crimes

• Computer Fraud and Abuse Act (CFAA)

• Identity Theft and Assumption Deterrence Act

• The Wiretap Act (1968, amended)

• Electronic Communications Privacy Act (ECPA) of 1986

• Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act

• Anti-cybersquatting Consumer Protection Act (ACPA)

• cyberstalking is prohibited under several different laws:

  • The Telephone Harassment Act
  • The Interstate Stalking and Prevention Act
  • The Interstate Communications Act

General Tort Law Concepts

• Torts
  • Strict Liability Torts
  • Negligence Torts
  • Intentional Torts
• Civil Procedure

Common Tort Law Actions in CyberSpace

• Defamation
• Intentional Infliction of Emotional Distress (IIED)
• Trespass Torts

Privacy Violations

4 Privacy torts:

• Intrusion Into Seclusion
• Portrayal in a False Light
• Appropriation of Likeness or Identity
• Public Disclosure of Private Facts