Internet Crime

While computer crimes cover a wide range of activity, internet crime laws
punish activity that specifically involves the internet in some way. These laws
apply to emails and websites, as well as using the internet to commit identity
theft or other forms of fraud. Like computer crimes, both individual states and
the federal government have laws that apply to internet crime.
Luring or soliciting children. Nearly all states have laws that make it a
crime to use the internet to solicit, lure, or entice a child to engage in a
sexual act. These laws apply when a person aged 18 or older uses the
internet to communicate with a child. The age limit of a child for the
purposes of these laws is usually 16. However, a person can violate
these laws as long as they believe the person they're talking to is 16 or
younger, even if the person is actually an adult.
Harassment, stalking, and bullying. Various states have enacted laws
which criminalize using the internet to stalk, harass, or make criminal
threats against someone. State stalking laws typically require that the
threats made must be credible, but a state's harassment laws may also
punish internet communications intended to threaten or harass even if
the threat is not credible. Recently, some states have enacted cyber
bullying laws which criminalizes harassment aimed specifically towards
minors.
Other laws and new laws. There are any number of federal and state
crimes that may also apply in computer and internet criminal
cases. Federal wire fraud, for example, can apply to any case where a
person uses a computer or electronic communications device to
fraudulently deprive someone else of property. As computers and the
internet continue to change and proliferate, legislatures regularly
introduce new criminal laws which apply to internet and computer use.

Penalties
Because there are numerous different types of computer and internet crimes,
there are also a wide range of potential penalties. Some computer crimes
have minor penalties associated with them, while more serious crimes can
impose significant fines and lengthy prison sentences.
Fines. Fines for a conviction of various computer and internet crimes
range widely. A misdemeanor conviction can result in relatively minor
fines of a few hundred dollars, and possibly up to a $1,000 or more,
while felony convictions can have fines that exceed $100,000.
Jail or prison. A person convicted of certain internet or computer
crimes may also face a jail or prison sentence. The most serious crimes,
such as possessing child pornography, can result in a prison sentence
of 20 years or more.
Probation. Probation sentences for computer crimes are also possible
as either individual penalties or in addition to jail or fines. Probation
terms can differ widely, but typically last at least one year and require
the person on probation to not commit more crimes, maintain
employment, report to a probation officer, and pay all court costs and
fines.

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Does the Punishment Fit the Cybercrime?

The infamous hacker Albert Gonzalez was recently sentenced to 20 years in prison for his
role in stealing approximately 130 million credit and debit card numbers. This punishment,
the harshest ever handed down in an American court for a computer crime, marks progress
in the battle against cybercrime. In most cases, however, the penalty does not fit the
cyberattack, sending a dangerous message to cyberthieves that the crime is, in fact, worth
the risk.

While Gonzalez will serve a lengthy prison term for his criminal exploits, others who helped
him face lesser penalties. Jeremey Jethro, who provided Gonzalez with a zero-day exploit
code that hacks into Internet Explorer, received a slap on the wrist for his role in one of the
greatest cybercrimes in recent US history. Even though Jethro was paid $60,000 for the
malicious code, he was only sentenced to three years probation and a $10,000 fine. While
Jethros attorney claims that the malware was a dud and her client was unaware of
Gonzalezs ultimate intention, the fine still doesnt even cover the entire amount Jethro
received for his crime. Factoring in the additional expense of the trial, its evident that
Gonzalezs accomplice got away with an incredibly light punishment.
In another recent cybercrime case, the father and son team of Robert and Todd Cook pled
guilty to selling $1 million of counterfeit software. The two cybercrooks, who will be
sentenced on June 18, face up to five years in prison and a $250,000 fine. Even if the duo
receives the maximum penalty, they still stand to profit $250,000 each. If sentenced to the

full five-year prison term, each will make $50,000 per year of incarceration. It seems safe to
say that most cybercriminals would happily endure a similar punishment for that kind of
payoff.
There are countless other cases of the punishment not fitting the cybercrime. In 2008, a
New Zealand teenager accused of a variety of online crimes that carried a maximum
punishment of seven years in prison was acquitted of all charges. The youth was then
rewarded for his hacking expertise with a job as a security consultant. While there is a
definite need for good hackers, how many other computer experts will choose to pursue
cybercrime in light of the minor risk versus the high reward?
Even more troubling is the fact that most cybercriminals do not face any repercussions for
their acts. Exact statistics vary, but it is widely accepted that the likelihood of being caught
and prosecuted for a cybercrime is less than one percent. If law enforcement has this much
trouble pursuing offenders, harsher punishments for online crimes must be enforced in
order to send the message that the risk is not worth the reward.
This entry was posted in Online Fraud and tagged cybercrime, law. Bookmark the permalink.
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