Charles Doyle

The federal computer fraud and abuse statute, 18 U.S.C. 1030, protects federal computers, bank computers, and computers used in interstate and foreign commerce. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills crack and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of section 1030 and some of its federal statutory companions.

This is a brief summary of the federal criminal status implicated by conducting illegal gambling using the Internet. It also discusses some of the constitutional issues associated with prosecuting illegal Internet gambling. Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign element might otherwise frustrate the enforcement policies of state law. State officials and others have expressed concern that the Internet may be used to bring illegal into their jurisdictions. Illicit Internet gambling implicates at least six federal criminal statutes. It is a federal crime to (1) conduct an illegal gambling business, 18 U.S.C. 1955; (2) use the telephone or telecommunications to conduct an illegal gambling business, 18 U.S.C. 1084; (3) use the facilities of interstate commerce to conduct an illegal gambling business, 18 U.S.C. 1952; (4) conduct the activities of an illegal gambling business involving either the collection of an unlawful debt or a pattern of gambling offences, 18 U.S.C. 1962; (5) launder the proceeds from an illegal gambling business or to plow them back into the business, 18 U.S.C. 1956; or (6) spend over $10,000 of the proceeds from an illegal gambling operation at any one time and place, 18 U.S.C. 1957. There have been suggestions that enforcement of these provisions against illegal Internet gambling raises constitutional issues under the Commerce Clause, the First Amendment's guarantee of free speech, and the Due Process Clause. The commercial nature of a gambling business and the reliance of the Internet on telephone communications seems to satisfy doubts under the Commerce Clause. The fact that illegal activities enjoy no First Amendment protection appears to quell free speech objections. The due process arguments raised in contemplation of federal prosecution of offshore Internet gambling operations suffer when financial transactions with individuals in the United States are involved. A bibliography, citations to state and federal gambling laws, and the text of the statutes cited above are appended.

This book presents a review of the federal criminal statutes implicated by conducting illegal gambling using the Internet. It also discusses some of the constitutional and practical difficulties associated with prosecuting illegal Internet gambling and closes with a summary of the proposed Internet Gambling Prohibition Act (S.474). Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign feature might otherwise frustrate the enforcement policies of state law. State officials and others have expressed concern that the Internet may be used to conduct illegal gambling. Illicit Internet gambling implicates six federal criminal statutes. It is a federal crime to (1) conduct an illegal gambling business, 18 USC 1955; (2) use the telephone or telecommunications to conduct an illegal business; (3) use the facilities of interstate commerce to facilitate conducting an illegal gambling operation; (4) commit a related series of these gambling crimes to acquire or operate an interstate commercial enterprise; (5) launder the proceeds from an illegal gambling business or to plow them back into the business; or (6) spend over $10,000 of the proceeds from an illegal gambling operation at any one time or place. Although prosecution of illegal Internet gambling will likely encounter constitutional challenges, practical difficulties imposed by offshore operations, encryption, remailers and the like will probably pose a more substantial obstacle.

Computer Fraud & Abuse Laws An Overview Of Federal Criminal Laws

This is the first biography of Richard Aldington, contemporary and friend of Ezra Pound, D.H. Lawrence and T.S. Eliot and notable as a poet, translator, editor, novelist, biographer and significant member of the Modernist era. A critical appraisal of his major writings is included.