The Process of Criminalization: The Case of Computer Crime Laws*

Abstract

Scholars are rarely afforded contemporary opportunities to study the formation of criminal law. This paper reviews state and federal efforts to criminalize various forms of computer abuse. The analysis indicates that there was neither organized opposition to nor significant interest group involvement in computer crime enactments. Individual reformers included computer crime '"experts" and legislators rather than "moral entrepreneurs. '' The media were crucial to the criminalization, in that they provided both data on the incidence of computer crime and also helped to dejine society's response to the perceived problem. The paper concludes that the criminalization of computer abuse can be interpreted as a symbolic endeavor to educate and socialize a new generation of computer users by extending traditional definitions of property and privacy. the anonymous reviewers for their helpful comments on drafts of this paper.The only states currently without computer crime statutes are Arkansas, Vermont, and West Virginia.

Crime and Justice in Digital Society: Towards a ‘Digital Criminology’?

“…For example, one of the earliest laws that defined computer crime was passed in Florida in the United States in 1978 in response to the fraudulent printing of winning tickets at a dog-racing track using a computer (Hollinger and Lanza-Kaduce 1988). This law was notable as it defined all unauthorised access to a computer as an offence regardless of whether or not there was malicious intent (Casey 2011: 35).…”

A general theory of crime and computer crime: An empirical test

“…With the widespread use of personal computers and high speed internet, various computer-related deviant and criminal behaviors have increased significantly, such as hacking, illegal downloading of music and software programs, and stealing others' passwords (Audal, Lu, & Roman, 2008;Christensen & Eining, 1991;Foster, 2004;Gopal & Sanders, 1998;Higgins, Wolfe, & Ricketts, 2009;Hollinger, 1991;Hollinger & Lanza-Kaduce, 1988;Rahim, Seyal, & Rahman, 1999).…”

The Construction and Reinforcement of Myths of Race and Crime

“…In its broadcasts and editorials, the news media alerts and alarms the public and lawmakers about important events and issues (Castellano & McGarrell, 1991;Hollinger & Lanza-Kaduce, 1988). "Media socialize the entire population, mainstream and minority, young and old by the way they depict and discuss minorities" (Chaffee & German, 1998, p. 311;Reed, 1993) and creates fear through "crime time news" (Cohen & Solomon, 1994;Livingston, 1994).…”