Computer Crime: Developments in the Netherlands
| Date | 01 January 1993 |
| Published date | 01 January 1993 |
| DOI | https://doi.org/10.1108/eb025609 |
| Pages | 63-70 |
| Author | Richard De Mulder,Pieter Kleve |
| Subject Matter | Accounting & finance |
Computer Crime: Developments
in the
Netherlands
Professor Richard De Mulder and Pieter Kleve
Professor Richard
De
Mulder PhD,
MBA (1946)
is head
of
the Centre
for
Computers and
Law, Erasmus University, Rotterdam.
After having worked
as a
senior lecturer
in criminal law, he specialised
in
computers and law. His thesis examined
computer applications
in
the legal
field.
Pieter Kleve LLM (1954)
is
a
lecturer
at
the Centre
for
Computers
and Law, Erasmus University, Rotterdam.
He
is a
lawyer and
a
registered computer
consultant. He teaches computer law
at
the faculties
of
law, economics and
business administration
at
Erasmus
University, Rotterdam.
Richard De Mulder and Pieter Kleve have
acted respectively as chairman
and
secretary
of
the special working
committee on computer criminality
of
the
Netherlands Association
for
Computers
and Law. This committee has published
two reports on computer criminality
in
the Netherlands.
ABSTRACT
For years
now, an
argument
has
been
raging over whether products which
are the
results
of new
technical developments,
such
as
computer software
and
data,
are
adequately protected
by
legislation drawn
up long before such products
had
become
commonplace.
The
question
has
arisen
whether various forms
of
undesirable
behaviour committed
by
means
of
informa-
tion technology could
be
prosecuted under
existing legislation.
It
is
contended
in
this paper that, with
the
possible exception
of
hacking without caus-
ing damage, behaviour popularly referred
to
as computer crime already falls within
the
ambit
of
the existing criminal
law
code
in the
Netherlands. Additional legislation, which
has
now been passed
by
the Lower House
of
the
Dutch Parliament,
is to a
large extent irrele-
vant.
It
will
be
interesting
to see
whether
needless complications will ensue when this
legislation comes into force.
WHAT
IS
COMPUTER CRIME?
'Computer crime' is a generic term
generally used to cover various forms of
undesirable behaviour which involve the
use of a computer. The crimes usually
referred to in this context are fraud by
computer and forgery, hacking, software
and chips piracy, data theft or espionage,
and damage to computer programs, data
or both, particularly by infecting the
same with viruses or other forms of
sabotage. However, not all forms of
undesirable behaviour are criminal. This
raises the problem of defining computer
crime.
63
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