International Computer Fraud: A Paradigm for Limiting National Jurisdiction

51 Pages Posted: 8 Jan 2002 Last revised: 15 Sep 2009

Ellen S. Podgor

Stetson University College of Law

Abstract

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

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

Ellen S. Podgor (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States
727 562 7348 (Phone)

HOME PAGE: http://www.law.stetson.edu/tmpl/faculty/memberProfile.aspx?id=88

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