Computer crime: illegal act that involves computer, as object of
crime, instrument used to commit crime, repository of evidence to a
crime.
Laws new & untested.
Lawmakers not technologists, laws about obsolete technology.
physical world law difficult to interpret in computer world,
eg. "theft" of data makes copy.
judge, jury, lawyers not computer savvy.
Evidence mostly electronic logs (intangible, difficult to explain,
less credible than physical evidence).
Criminal case going to trial depends on DA.
Civil case must show financial loss and/but hacker has no money.
Many jurisdictions/law enforcement agencies/ nations complicate legal
prosecution.
Evidence collection:
signed & timestamped logs & printouts. backups (before & after
picture).
chain of custody of evidence: who obtained it, who secured it, who has
had control of it.
search warrant to search & seize hacker's computer
Expert testimony linking hacker with intrusion is the underpinning of
the case.
Non-violent, copying, by minor, of giant corporation's info.