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Computer crime is an important criminal justice issue. Computers have been part of the criminal justice landscape since 1970. The computer can be part of criminal behavior in two major ways. First, the computer may be the object of the crime. For instance, a customer using a computer at a coffee shop goes to the counter to get a drink and on returning discovers that someone has stolen his or her computer. Second, the computer may be an instrument to commit crime. Computers have developed in many ways that allow them to be used as instruments for criminal activity. In addition to computers' smaller size and increased power, the development of the Internet has expanded the use of computers for criminal activity.

Criminal activity using the Internet is referred to as cybercrime. Cybercrime may come in at least three different groups: (1) creation and maintenance of cybercrime markets, (2) acts of fraudulent behavior, and (3) formation of cybercriminal communities and performance of related activities.

The anonymity of the Internet allows cybercriminals to have the ability to disguise their postings, responses, and identities. This affords the cybercriminals the opportunity to disappear at a moment's notice. In short, the Internet allows cybercrimes to be performed more easily and simply while making their detection, apprehension, and prosecution more difficult. Therefore, the Internet makes cybercrimes through illicit markets more difficult to examine.

Cybercrime Markets

The Internet provides a venue for illicit markets to be developed and maintained and for criminals to hide their identities and operate in remote locations. The development of the mobile phone to include Internet capabilities has increased the criminals' abilities to remain hidden. For instance, an individual may use a mobile phone to purchase and sell items—either legally or illegally. It is possible that these websites are not traceable. Currently, the illegal markets that are available are endless and can include illegal adoptions, surrogate mothers, egg donors, obtaining banned substances, forbidden animals, endangered species, and illegal gambling.

Perhaps the largest cybercrime market focuses on the illegal distribution of copyrighted material (i.e., digital piracy). This behavior has been defined as the act of copying digital goods, software, digital documents, digital audio, and digital video for any reason other than to create a backup. While digital piracy may take place in several ways, the Internet has provided a quick and efficient avenue for digital piracy. Not only does the Internet provide a faster opportunity for distribution, it also allows individuals to anonymously perform the actual taking of digital media. In addition, the Internet is transnational. This means that someone wishing to take the digital media may be in a different country. The Internet makes taking digital media easier. The act itself requires only a few key strokes and clicks of a mouse.

Digital piracy has become detrimental to the producers and distributors of digital media. Reports of industries and companies losing billions of dollars due to piracy are common. This has a corollary effect of preventing governments from taxing these dollars; thus, social services may be hindered because of digital piracy. It is thus clear that digital piracy causes problems not only for industries and companies but also for government. Government has recognized the issues that may come from intellectual property that includes digital media. To respond to piracy, the United States passed an expanded copyright law in 1976. The law has since been amended several times to provide clarity about the types of media that are not to be pirated and to provide guidelines for the types of criminal punishments that are allowable along with the civil ramifications. Thus, when individuals burn an extra copy of a music CD, download music from the Internet without paying, or use a peer-to-peer network to download music information, they are pirating music. This is especially true for digital music piracy, which is committed through a multitude of modus operandi (e.g., CD burning, peer-to-peer networks, local area network file sharing, digital stream ripping, and mobile piracy). The penalties from these acts and legislation may be civil (e.g., $10,000 per pirated copy) and criminal (e.g., possible jail sentences).

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