Cyber Crime and Jurisdiction By Zach Archer COCS 380

Road map  Cyber crimes  What is jurisdiction  How the internet affects jurisdiction  What are some cases

What is a cyber crime  Cyber crime encompasses any criminal act dealing with computers and networks  Spam  Fraud  Piracy  Cyber terrorism  Drug trafficking

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Some stats  Top crime Non-delivery  Identity theft  Credit card and auction fraud

Cyber crimes and you  Download music anyone?  $2,500 or more is a federal crime  5 years in jail and $250,000 in fines  RIAA (Recording Industry Association)  Watchdogs of millions users

Who investigates domestic computer crimes  FBI  The U.S. Secret Service  U.S. Immigration and Customs Enforcement  U.S. Postal Inspection Service  The Bureau of Alcohol, Tobacco, Firearms and Explosives

Main FBI Objective  The FBI’s exclusive jurisdiction is over internet harassment  Cyber bullying  Stalking

FBI also deals with  The FBI also shares jurisdiction of many other crimes such as….  Hacking  Password trafficking  Child pornography  Internet Bomb Threats  Trafficking of explosive or firearms over the internet

What is jurisdiction  Jurisdiction is the right, power, or authority to administer justice by hearing and determining controversies  Subject matter jurisdiction  Personal jurisdiction  Domestic jurisdiction

The Problem now  The problem we as a country are having now is where does this jurisdiction fall when crimes over the internet happen?  What court will hear the case

Some Cases and Outcomes  Zippo Manufacturing v. Zippo.com  John Wagner v. Glenda Miskin  Calder v. Jones  Tamburo v. Dworkin

Zippo Manufacturing v. Zippo.com  Zippo lighters wanted to have website  Zippo.com offered access to USENET and based in California  Zippo.com said the courts had no jurisdiction  Three prong test

John Wagner v. Glenda Miskin  Wagner professor at University of North Dakota and Miskin a student  Violation of stalking and harassing  Miskin said no jurisdiction

Calder v. Jones  Actress Shirley Jones was slandered by the National enquirer  Calder editor said no jurisdiction  First amendment

Tamburo v. Dworkin  Tamburo operated a dog-breeding software that pulled info from the web  No jurisdiction  Court dismissed case

Closing thoughts  What a cyber crime is  What jurisdiction is  How it is a problem  Some ways it has played out already

References  Gil, Paul. “How Do Music Pirates Get Caught”. about.com. New York Times Company. (nd). Web. 26 Feb  “Cyber Crime”. Webopedia. IT Business Edge. (n.d). Web. 26 Feb  “Jurisdiction”. Dictionary.com. Dictionary.com. (n.d). Web. 26 Feb  “Recently U.S. Cases Involving Internet Jurisdiction Over Non-resident Defendants”. DWW.com. E-Tips. (n.d). Web. 26 Feb  Walker, James. “Different Types of Cyber Crime”. EHow.com. Demand Media. (n.d). Web. 26 Feb  “The Law”. RIAA.com. RIAA. (n.d). Web. 28 Feb  “Web Crime Complaints Drop YOY, Up in Decade”. Marketingcharts.com. Watershed Publishing. (n.d). Web. 28 Feb. 2012

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