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Chapter 12: Criminal Law and Tort Law Issues in Cyberspace - Coggle Diagram
Chapter 12
: Criminal Law and Tort Law Issues in Cyberspace
General Criminal Law Concepts
Main Principles of Criminal Law
Types of Wrongful Conduct
Mala in se:
Latin for acts that are wrong, morally repugnant, or dangerous to others.
Examples:
Murder, Rape, Kidnapping, Robbery, Theft, Arson
Mala prohibita:
Latin for "wrong because it's prohibited."
Examples:
Many types of cybercrimes
Elements of a Crime
Mens rea:
Latin for "guilty mind;" describes a person's intent to committing a crime
Actus reus:
Latin for "guilty act;" The wrongful act that constitutes a crime
Jurisdiction
Subject Matter Jurisdiction:
The power of a court to decide certain types of cases.
Personal Jurisdiction:
A court's ability to exercise power over a particular defendant.
Common Criminal Laws Used in Cyberspace
Computer Fraud and Abuse Act (1984):
1st federal legislation that identifies computer crimes as offenses.
Identity Theft and Assumption Deterrence Act (1998):
Makes identify theft a federal crime.
Electronic Communications Privacy Act (1986):
Governs access to stored electronic communications.
Controlling the Assault of Non-Solicited Pornography and Marketing (2003):
Addresses spamming issues
Anti-Cybersquatting Consumer Protection Act (1999):
Designed to stop people from registering domain names that are trademarks belonging to other entities.
Telephone Harassment Act:
Makes it illegal to use the Internet to transmit any message to harass or threaten another person.
Interstate Stalking and Prevention Act:
Makes it illegal for anyone who travels across states to use any interactive computer service to cause substantial emotional distress
Interstate Communications Act:
Makes it illegal to transmit in interstate commerce any threat to injure another person
General Tort Law Concepts
Strict Liability Torts:
A legal concept that people can be held accountable for their actions, regardless if they intended to cause harm to another person
Negligence Torts:
A person is liable for any injuries or harm that are the foreseeable consequences of their actions.
Intentional Torts:
Occurs when the defendant intended to commit the tort.
Common Tort Law Actions in Cyberspace
Defamation:
Intentional tort. Occurs when one person speaks or publishes a false statement of fact about another person that injures that person's reputation.
Intentional Infliction of Emotional Distress (IIED)
Tort of outrage:
Used to address conduct that is so offensive that a reasonable person would say "Outrageous!"
Trespass Torts
Trespass on Land
Trespass to chattels:
Intentionally interfering with a person's use or possession of personal property.
Privacy Violations
Intrusion into Seclusion
Portrayal in a False Light
Appropriation of Likeness or Identity
Public Disclosure of private facts