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16 Rutgers Computer & Tech. L.J. 1 (1990)
Rogue Computer Programs and Computer Rogues: Tailoring the Punishment to Fit the Crime

handle is hein.journals/rutcomt16 and id is 7 raw text is: ROGUE COMPUTER PROGRAMS AND COMPUTER ROGUES: TAILORING THE PUNISHMENT TO FIT THE CRIME ANNE W. BRANSCOMB* I. INTRODUCTION As computer networks' become more ubiquitous, desktop © Copyright, 1990 by Anne W. Branscomb. The author wishes to acknowledge the provocative nudge by Ronald Palen- ski, General Counsel of ADAPSO, and Oliver Smoot, General Counsel of CBEMA, in capturing the interest of the author in the subject for a pro bono presentation to the Computer Law Association, and, among many others, the special assistance given by Clifford Stoll, who tracked down the West German espionage hackers; Davis McCown, who prosecuted the Burleson case; Thomas Guidobono, who is defending Robert T. Morris, Jr.; and John Shoch, who su- pervised the early research on beneficial uses of viral and worm type computer programs; as well as the administrative support of the Harvard University Pro- gram on Information Resources Policy. * The author is an attorney specializing in communications and computer law who has served as Chair of the Communications Law Division of the Amer- ican Bar Association Science and Technology Section, as Adjunct Professor of International Law at the Fletcher School of Law and Diplomacy and Adjunct Professor of Telecommunications Law and Public Policy at Polytechnic Uni- versity. She is an appointee of the American Bar Association to the National Conference of Lawyers and Scientists and a trustee of the Pacific Telecommuni- cations Counsel. 1. A computer network has been defined as a structure that makes available to a data processing user at one place some data processihg function or service performed at another place .... Ever since com- puter users began accessing central processor resources from remote terminals over 25 years ago, such computer networks have become more versatile, more powerful and, inevitably, more complex. To- day's computer networks range all the way from a single small proces- sor that supports one or two terminals to complicated interconnections in which hundreds of processing units of various sizes are interconnected to one another and to tens of thousands of terminals. Green, The Structure of Computer Networks, in COMPUTER NETWORK ARCHI- TECTURES AND PROTOCOLS 3 (P.E. Green ed. 1982).

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