Intent—knowledge: Difference between revisions
(New page: ==Intent—knowledge== There are four facets of intent that are pertinent to computer crime. They are: # knowledge # purpose # malice # authorization As in most criminal law, compu...) |
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There are four facets of intent that are pertinent to computer crime. They are: | There are four facets of intent that are pertinent to computer crime. They are: | ||
# knowledge | #knowledge | ||
# purpose | #purpose | ||
# malice | #malice | ||
# authorization | #authorization | ||
As in most criminal law, computer crime requires, at the very least, an awareness of what the person committing the crime is doing by the person committing the crime. This knowledge is expressed by different words in different statutes; included terms are: "knowing," "willful," and "intentional." In the absence of judicial interpretations to the contrary, it is appropriate to interpret all of these words to mean that the actor knows what he or she is doing. This knowledge need not necessarily extend to the actual consequences of one's actions, as long as those consequences are reasonably foreseeable from the actions that were known. | As in most criminal law, computer crime requires, at the very least, an awareness of what the person committing the crime is doing by the person committing the crime. This knowledge is expressed by different words in different statutes; included terms are: "knowing," "willful," and "intentional." In the absence of judicial interpretations to the contrary, it is appropriate to interpret all of these words to mean that the actor knows what he or she is doing. This knowledge need not necessarily extend to the actual consequences of one's actions, as long as those consequences are reasonably foreseeable from the actions that were known. | ||
In a scenario where computer users testified that they tried to get access to computer systems when they did not know the identity of the owners of those systems, they could argue that unless a certain computer system contained an introductory message alerting them that the system prohibited unauthorized access, they would have no way of knowing that such was the case.[[FN42]] | In a scenario where computer users testified that they tried to get access to computer systems when they did not know the identity of the owners of those systems, they could argue that unless a certain computer system contained an introductory message alerting them that the system prohibited unauthorized access, they would have no way of knowing that such was the case.[[FN42]] | ||
Latest revision as of 03:45, 18 February 2009
Intent—knowledge
There are four facets of intent that are pertinent to computer crime. They are:
- knowledge
- purpose
- malice
- authorization
As in most criminal law, computer crime requires, at the very least, an awareness of what the person committing the crime is doing by the person committing the crime. This knowledge is expressed by different words in different statutes; included terms are: "knowing," "willful," and "intentional." In the absence of judicial interpretations to the contrary, it is appropriate to interpret all of these words to mean that the actor knows what he or she is doing. This knowledge need not necessarily extend to the actual consequences of one's actions, as long as those consequences are reasonably foreseeable from the actions that were known.
In a scenario where computer users testified that they tried to get access to computer systems when they did not know the identity of the owners of those systems, they could argue that unless a certain computer system contained an introductory message alerting them that the system prohibited unauthorized access, they would have no way of knowing that such was the case.FN42