With the growth in the public domain in
recent years of the Internet,
cyberlaw has emerged as a real problem. In a legal sense, cyberlaw encompasses
cybercrime (that is, crimes completed either on or with a computer), electronic
commerce theft, intellectual property rights or copyright infringement, and
privacy rights infringement or identity
theft. Cybercrime involves such
activities as child pornography; credit card fraud; cyberstalking; defaming
another online; gaining unauthorized access to computer systems; ignoring
copyright, software licensing, and trademark protection; overriding encryption
to make illegal copies; software piracy; and stealing anotherÂ’s identity to
perform criminal acts. Cybercriminals are those who conduct such acts.
Though cybercrime has in recent times presented real-life
and legal problems regarding jurisdictional areas, in the United States and
elsewhere legislators seem determined to stop cybercriminals in their tracks.
Often, cybercriminals use the Internet to commit their exploits. Consequently,
and particularly in U.S. jurisdictions, the current trend seems to be that Internet Service
Providers (ISPs) must comply with law enforcement agents in locating
cybercriminals or the ISPs might find themselves facing penalties. Recent U.S.
case law indicates that the courts are moving to expect that the ISPs will
determine where the cybercriminal is located and to block his or her Website
access if such access results in illegal acts occurring in that geographic
location.
See Also:
Black Hats; Identity Theft or Masquerading; Internet; Internet Service Provider
(ISP).
Zeviar-Geese, G. The State of the Law on Cyberjurisdiction and Cybercrime on
the Internet. [Online, 2004.] California Pacific School of Law Website. http://
law.gonzaga.edu/borders/documents/cyberlaw.htm.