51 Pages Posted: 8 Jan 2002 Last revised: 15 Sep 2009
Should the United States prosecute computer fraud crimes that occur extraterritorially? This Article examines traditional methods used to determine whether jurisdiction is appropriate for prosecution of criminal conduct that occurs outside the United States. Focusing specifically on computer fraud crimes, the question becomes whether traditional methodologies should remain applicable in light of the ease of use and worldwide accessibility of computers. Although the Article discusses some of the ongoing international discussions related to jurisdiction of computer crimes, it focuses on national issues that can remain irrespective of the adoption of international treaties. This Article stresses the importance of tempering prosecution of extraterritorial computer fraud acts.
Keywords: Computer, Fraud, Criminal, International
JEL Classification: K14, K33
Suggested Citation: Suggested Citation
Podgor, Ellen S., International Computer Fraud: A Paradigm for Limiting National Jurisdiction. UC Davis Law Review, Vol. 35, January 2002. Available at SSRN: https://ssrn.com/abstract=295173