Computers have been involved in most types of crime, including fraud, theft, larceny, embezzlement, bribery, burglary, sabotage, espionage, conspiracy, extortion, and kidnapping. Criminal justice agencies having limited experience with computer-related crime have generally thought of it as crime that occurs inside computers. This narrow definition has recently broadened as the proliferation of computers into most societal functions proceeds at an increasing pace. The public media have added to the confusion through sensationalized, distorted, often incorrect reporting by journalists and their sources who do not sufficiently understand the technology.

Computer-related crime is not well understood in the criminal justice and business communities, and no consensus on its definition exists. One definition is that it is a form of white-collar crime committed inside a computer system; another definition is that it is the use of a computer as the instrument of a business crime. An application of the former definition is making unauthorized changes to a computer program to transfer funds from inactive accounts into a favored account and then legitimately withdrawing the funds.

The definition of computer-related crime should be based on the problem that needs to be solved. The problem addressed is twofold: how to reduce the incidence of any type of crime in which a knowledge of computer technology is needed to understand the intentional acts that result in losses and how to successfully prosecute the perpetrators. Whereas this is now predominantly a white-collar crime, the criminal justice and business communities must be prepared to deal with any illegal acts based on an understanding of computer technology. A study of 669 reported cases of computer abuse over the past 8 years has revealed that computers are involved in an increasing number of crimes of all types except murder and person-to-person street crimes. The proliferation and use of personal small computers make even the latter crimes subject at least to the indirect involvement of computer technology.

The broadest definition of computer crime is called for. The term "crime" is used here (as is usual) as a convenience to mean "alleged crime" because no harmful or antisocial act is a crime until a court declares it so by convicting a party for violating a law. Three terms have been used to describe the subject: "computer abuse," "computer crime," and "computer-related crime." Computer abuse identifies the broad range of intentional acts from which something can be learned to make organizations that use computers more secure. Computer abuse is any intentional act involving a computer where one or more perpetrators made or could have made gain and one or more victims suffered or could have suffered a loss.

Computer crime is a common term used to identify illegal computer abuse; however, it implies direct involvement of computers in committing a crime. Therefore, we adopt the term computer-related crime that conveys the broader meaning of any illegal act for which knowledge of computer technology is essential for successful prosecution. This definition is based on the scope and nature of the particular problem being addressed. The crimes and alleged crimes may involve computers not only actively but also passively when usable evidence of the acts reside in computer stored form. The victims and potential victims include all organizations and persons who use or are affected by computer and data communication systems. People about whom data are stored and processed in computers also are included.

Computer-related crime goes far beyond business, white-collar, or economic crime. It could include violent crime that destroys computers or their content or jeopardizes human life and well-being because they are dependent on the correct functioning of computers controlling sensitive processes.

Computers play four roles in crime:

• Object-Cases include destruction of computers or of data or programs contained in them or supportive facilities and resources, such as air conditioning equipment and electrical power, that allow them to function.
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• Subject-A computer can be the site or environment of a crime or the source of or reason for unique forms and kinds of assets.
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• Instrument-Some types and methods of crime are complex enough to require the use of a computer as a tool or instrument. A computer can be used actively such as in automatically scanning telephone codes to make unauthorized use of a telephone system. It could also be used passively to simulate a general ledger in the planning and control of a continuing financial embezzlement.
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• Symbol-A computer can be used as a symbol for intimidation or deception. This could involve the false advertising of nonexistent services, such as in dating bureaus.

All known and reported cases of computer-related crime involve one or more of these four roles.

The dimensions of the definition of computer-related crime become a problem in some cases. If a computer is stolen in a simple theft where based on all circumstances it could have been a washing machine or milling machine and made no difference, then a knowledge of computer technology is not necessary, and it would not be a computer-related crime. However, if knowledge of computer technology is necessary to determine the value of the article taken, the nature of possible damage done in the taking, or the intended use by the thief, then it would be a computer-related crime. To illustrate, if an individual makes a telephone call to a bank funds transfer department and fraudulently requests a transfer of $10 million to his account in a bank in Zurich, two possibilities occur. If the clerk who received the call was deceived and keyed the transfer into a computer terminal, the funds transfer would not be a computer-related crime. No fraudulent act was related directly to a computer, and no special knowledge of computer technology would be required. However, if the clerk was in collusion with the caller, the fraudulent act would include the entry of data at the terminal and would be a computer-related crime. Knowledge of computer technology would be necessary to understand the terminal usage and protocol.

These examples indicate the possibilities of rational conclusions in defining computer-related crime. However, more practical considerations should not make such explicit and absolute decisions necessary. If any information in this manual is useful for dealing with any kind of crime, its use should be encouraged. Finally, as the criminal justice community has begun to understand from experience the involvement of computers across all types of crime, the definition has broadened. It is expected that the results of efforts funded by LEAA will establish a consensus on a broad definition of computer-related crime to cover the current and anticipated experience.

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