Cyber Crime and Jurisdiction
By Zach Archer
COCS 380
Road map
Cyber crimes
 What is jurisdiction
 How the internet affects jurisdiction
 What are some cases

What is a cyber crime
Cyber crime encompasses any criminal
act dealing with computers and
networks
 Spam
 Fraud
 Piracy
 Cyber terrorism
 Drug trafficking

Video

http://www.youtube.com/watch?v=ZHmF
iueQm5A
Some stats
Top crime
Non-delivery
 Identity theft
 Credit card
and auction fraud

Cyber crimes and you
Download music anyone?
 $2,500 or more is a federal crime
 5 years in jail and $250,000 in fines
 RIAA (Recording Industry Association)
 Watchdogs of millions users

Who investigates domestic
computer crimes
FBI
 The U.S. Secret Service
 U.S. Immigration and Customs
Enforcement
 U.S. Postal Inspection Service
 The Bureau of Alcohol, Tobacco,
Firearms and
Explosives

Main FBI Objective
The FBI’s exclusive jurisdiction is over
internet harassment
 Cyber bullying
 Stalking

FBI also deals with
The FBI also shares jurisdiction of many
other crimes such as….
 Hacking
 Password trafficking
 Child pornography
 Internet Bomb Threats
 Trafficking of explosive
or firearms over
the internet

What is jurisdiction
Jurisdiction is the right, power, or
authority to administer justice by hearing
and determining controversies
 Subject matter jurisdiction
 Personal jurisdiction
 Domestic jurisdiction

The Problem now
The problem we as a country are having
now is where does this jurisdiction fall
when crimes over the internet happen?
 What court will hear the case

Some Cases and Outcomes
Zippo Manufacturing v. Zippo.com
 John Wagner v. Glenda Miskin
 Calder v. Jones
 Tamburo v. Dworkin

Zippo Manufacturing
v. Zippo.com
Zippo lighters wanted to have website
 Zippo.com offered access to USENET
and based in California
 Zippo.com said the courts had no
jurisdiction
 Three prong test

John Wagner v. Glenda Miskin
Wagner professor at University of North
Dakota and Miskin a student
 Violation of stalking and harassing
 Miskin said no jurisdiction

Calder v. Jones
Actress Shirley Jones was slandered by
the National enquirer
 Calder editor said no jurisdiction
 First amendment

Tamburo v. Dworkin
Tamburo operated a dog-breeding
software that pulled info from the web
 No jurisdiction
 Court dismissed case

Closing thoughts
What a cyber crime is
 What jurisdiction is
 How it is a problem
 Some ways it has played out already

References

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Gil, Paul. “How Do Music Pirates Get Caught”. about.com.
New York Times Company. (nd). Web. 26 Feb. 2012
“Cyber Crime”. Webopedia. IT Business Edge. (n.d). Web.
26 Feb. 2012.
“Jurisdiction”. Dictionary.com. Dictionary.com. (n.d). Web. 26
Feb. 2012.
“Recently U.S. Cases Involving Internet Jurisdiction Over
Non-resident Defendants”. DWW.com. E-Tips. (n.d).
Web. 26 Feb. 2012
Walker, James. “Different Types of Cyber Crime”. EHow.com.
Demand Media. (n.d). Web. 26 Feb. 2012
“The Law”. RIAA.com. RIAA. (n.d). Web. 28 Feb. 2012.
“Web Crime Complaints Drop YOY, Up in Decade”.
Marketingcharts.com. Watershed Publishing. (n.d). Web.
28 Feb. 2012
Question???