Entrapment

Entrapment

Many computer crimes are collusive in nature. These crimes involve a person with a great deal of computer knowledge working with someone who has a great deal of accounting knowledge or a bank insider working with an account holder and manipulating the holder's accounts.FN9 In these cases, law enforcement often uses an informant to obtain information leading to a conviction for computer crime. Whenever an informant is used, the argument of entrapment is always feasible. It is difficult to establish the entrapment defense where the defendant was the prime mover in attempting to commit a crime.FN10 Nevertheless, the law is so vague and entrusts so much discretion to the jury, that it is a useful defense if the case is one in which the jury is likely to sympathize with the defendant.

The difficulties in establishing the identity of the computer criminal make it likely that informants and undercover operators will be used increasingly in computer crime cases. This trend is noticeable in a number of computer-related crime areas, including suspected theft of trade secrets,FN11 theft of computer components,FN12 and hacking.FN13 As the use of informants and insiders increase, the use of the entrapment defense will also increase.