home *** CD-ROM | disk | FTP | other *** search
- Date: 22 Dec 92 15:31:52 EST
- From: Ken Citarella <70700.3504@COMPUSERVE.COM>
- Subject: 4--Balancing Computer Crime Statutes and Freedom
-
- An Illustration of How Computer Crime Statutes Try To
- Balance Competing Interests of Security and Freedom
- -- and Come Up With Interesting Answers
-
- copyright 1992, Kenneth C. Citarella
- (CompuServe; 70700,3504)
-
- Computers deserve protection. If we did not all agree on that
- state legislatures and the Congress would not have passed computer
- crime statutes. Exactly how much protection to afford them, however,
- is the crux of the problem. Sometimes resolving that gets confused
- with a desire to avoid criminalizing inquisitive and youthful computer
- intruders.
-
- The New York State computer crime statutes illustrate this
- confusion. The basic computer crime in New York is Unauthorized Use
- of a Computer, a misdemeanor. A person commits this crime when he
- uses, or causes to be used, a computer without authorization, and the
- computer is programmed to prevent unauthorized use. Thus, the
- unauthorized use of any computer in New York which does not have
- user-id/password security or some equivalent is arguably lawful under
- this statute. Moreover, under the definition of "uses a computer
- without authorization", the unauthorized user must be notified orally,
- in writing, or by the computer itself that unauthorized users are not
- welcome.
-
- There are, therefore, two threshold protections that a system
- owner must install to have his computer come under the protection of
- the New York unauthorized use statute. First, there must be
- protective programming; second, there must a warning to the
- prospective intruder. These obligations do not seem excessive
- regarding misuse by an employee or other user with limited access to
- the computer in question. It is difficult to include with everyone's
- employment materials a written warning regarding unauthorized use of
- the computer, and it is certainly common enough to issue user-ids and
- passwords.
-
- Consider, however, the remote unauthorized user. If a
- business has a computer with an unlisted modem number, has issued
- user-ids and passwords to its authorized users, has dial back modems,
- and has encrypted log-in procedures, its computer may still not be
- protected by the unauthorized use statute. Should an intruder locate
- the modem number by random demon dialling, guess at a password and
- encryption code, and enter the system to install and operate a pirate
- bulletin board, it may not be a criminal act. As long as the intruder
- does not access government records, medical records, or corporate
- secrets, alter any file or program, or download anything from the
- system, there may not be a crime. As long as the system did not
- display a warning that unauthorized users were not welcome, the crime
- of unauthorized use cannot occur. Thus, the legislature has elevated
- the display of a few words almost certain to deter no one to far
- greater legal importance than actual technical protective steps, all
- in the name of not criminalizing our inquisitive youths. Yet, if
- technical security procedures cannot convince them not to intrude upon
- a system, what importance can be attached to the displayed warning?
- Aren't unlisted phones, passwords, and other standard security
- procedures sufficient warning in and of themselves? Or, is form
- really more important than substance?
-
- It is curious to note that the legislature seized upon notice
- as the prerequisite for computer crime law protection. It is a crime
- to enter and drive away with a car without permission, even if the car
- door is open, the key in the ignition, and the engine running. It is
- a crime to enter a premises without permission, even if the door is
- open, the lights on, and dinner on the table. In either scenario,
- notice is implicit in the intruder's knowledge that he does not belong
- there. The prosecutor must prove the absence of permission at trial,
- just as he rightly should in a computer crime case. But under current
- legislation, egregious computer intrusions must go unprosecuted if,
- despite extensive technical protection, three little words --
- "Authorized Users Only" -- do not appear to warn an intruder not to
- enter where he already knows he does not belong.
-
- If computers are ever to become as integrated into our lives
- as cars and homes should they not be afforded the same protection
- under the criminal law?
-
- ((The author is a Deputy Bureau Chief of the Frauds Bureau in the
- District Attorney's Office, Westchester County, New York. The
- opinions expressed herein are purely personal and do not necessarily
- reflect the opinions or policies of the District Attorney's Office.))
-
- Downloaded From P-80 International Information Systems 304-744-2253
-