Rethinking the Law against Cyber and Computer Crimes
|關鍵字:||妨害電腦使用罪;電腦犯罪;網路犯罪;資訊;電磁紀錄;網路犯罪公約;Computer crime;Cybercrime;information;Electromagnetic recording;Convention on Cybercrime|
Computer and internet are the most important inventions in contemporary society. Crimes against the safety of internet or using computers therefore become a big issue in the digital era. In Taiwan, the most important law regarding computer crimes is in the Penal Code, Chapter 36 -the Offenses Against the Computer Security The whole chapter is enacted in 2003. Although compared with the Penal Code which was original enacted in 1928, Chapter 36 is very young, it has been 10 years since the Chapter was enacted. It is believed that the law makers in Taiwan made a lot of efforts when enacted the offenses of Chapter 36; however, over these years, discussions and critics to the law and its application have never been stopped. In the article, the main research method would be literature reviewing and empirical studying of the judgment searched by the author. The author will then give a brief introduction to Chapter 36 and its legal background. Second, the authors analyze the controversy and legal arguments to the elements of these offenses. Third, the authors will see how the courts interpret the law by case studies. Finally, the authors will provide a proposal to revise and reconstruct the law to protect internet and computer safety.