A Brief History of Computer Crime Legislation

The first comprehensive initiative on computer crime was a staff study by the U.S. Senate Government Operations Committee in February 1977. This staff study addressed several problems associated with computer programs, and recommended that legislation should be considered that would prohibit unauthorized use of computers. The Chairman of this committee was Senator Abe Ribicoff. Senator Ribicoff introduced later in 1977 the Ribicoff Bill.

The Ribicoff Bill

This Bill was the first proposal for Federal computer crime legislation in the U.S. that would specifically prohibit misuse of computers. The Bill S. 1766 (95th Congress) was cited the “Federal Computer Systems Protection Act of 1977”. The Bill was not adopted, but this pioneer proposal became the model legislation in state computer crime legislation in the United States and created awareness all around the world.

Some countries had already enacted Data Protection Acts in order to regulate the collection, maintenance, use and dissemination of personal data. But in the Swedish Data Act of 1973, its Section 21 included also protection against unauthorized access to all categories of data.

Interpol

Interpol was the first international organization dealing with computer crime and penal legislation. In conjunction with an Interpol Conference in 1981, a survey of Interpol member countries on computer crime and penal legislation identified several problems in the application of existing penal legislation.

OECD

The OECD in Paris appointed in 1983 an expert committee to discuss computer-related crime and the need for changes in the Penal Codes. This committee made a proposal that could constitute as a common denominator between the different approaches taken by the member countries.

The Council of Europe (CoE)

The Council of Europe appointed in 1985 another expert committee in order to discuss the legal issues of computer–related crime. A summary of the guidelines for national legislatures with liability for intentional acts only, was presented in the Recommendation of 1989.

The United Nations

The UN adopted a resolution on computer crime legislation at 8th U.N. Congress on the Prevention of Crime and the Treatment of Offenders in Havana, Cuba, in 1990. The United Nations Manual on the Prevention and Control of Computer-related Crime was published in 1994.

The Wurzburg conferences

The last part of this historic presentation is the Wurzburg conferences organized by the University of Wurzburg in 1992. These conferences led to 29 national reports, and recommendations for the development of computer crime legislations.

Most countries in Europe adopted new penal laws according to the recommendations in the 1980's and 90's. Similar development occurred in the USA, Canada and Mexico. Also in Asia, where Japan, Singapore, Korea and Malaysia were the leading countries. In Australia, the Commonwealth added computer crime laws to the Crimes Act in 1989.