| Presentation | 2002/10/4 The Limits of the Punishments to Illegalities on Computer Networks : An Approach from Constructivism for Creation and Distribution of a Computer Virus Sahoko KONDO, Koji NAGUMO, |
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| PDF Download Page | PDF download Page Link |
| Abstract(in Japanese) | (See Japanese page) |
| Abstract(in English) | While inappropriate acts which had not been foreseen at the time of legislation increased along with development of network society, "gesetzliche Tatbestande" are not always applicable to many dishonest acts emerged in new forms on computer network. A typical act such as creation and distribution of a computer virus could be only punishable on "Storung der Geschaftstatigkeit durch Beschadigung einer elektrischen Datenverarbeitungsanlage" and "Beschadigung amtlicher oder privater Urkunden" under the current legal system. In this paper, technique and limits on the interpretation theory which proves requirements for criminal formations such as applicability on "TatbestandsmaBigkeit", "Vorwerfbarkeit", and "Strafbedurfnis" are indicated, and validity of the construction principle approach for authorizing present "Tatbestandsvorsatz" is examined. |
| Keyword(in Japanese) | (See Japanese page) |
| Keyword(in English) | Networks / Illegality / Creation and distribution of a computer virus / Constructivism |
| Paper # | SITE2002-22 |
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| Conference Information | |
| Committee | SITE |
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| Conference Date | 2002/10/4(1days) |
| Place (in Japanese) | (See Japanese page) |
| Place (in English) | |
| Topics (in Japanese) | (See Japanese page) |
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| Paper Information | |
| Registration To | Social Implications of Technology and Information Ethics (SITE) |
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| Language | JPN |
| Title (in Japanese) | (See Japanese page) |
| Sub Title (in Japanese) | (See Japanese page) |
| Title (in English) | The Limits of the Punishments to Illegalities on Computer Networks : An Approach from Constructivism for Creation and Distribution of a Computer Virus |
| Sub Title (in English) | |
| Keyword(1) | Networks |
| Keyword(2) | Illegality |
| Keyword(3) | Creation and distribution of a computer virus |
| Keyword(4) | Constructivism |
| 1st Author's Name | Sahoko KONDO |
| 1st Author's Affiliation | Faculty of Political Science and Economics, Meiji Univ.() |
| 2nd Author's Name | Koji NAGUMO |
| 2nd Author's Affiliation | Dept. of Information and Computer Sciences, Saitama Univ. |
| Date | 2002/10/4 |
| Paper # | SITE2002-22 |
| Volume (vol) | vol.102 |
| Number (no) | 367 |
| Page | pp.pp.- |
| #Pages | 6 |
| Date of Issue | |