사이버범죄론

제1부 서론

제1장 사이버범죄
1. 사이버범죄의 진화·······························4
2. 사이버범죄의 도전과제···························6
3. 사이버범죄의 정의······························11
4. 사이버 테러리즘································13
5. 문제의 규모····································17
6. 온라인과 오프라인의 일관성 ····················19
7. 가상 범죄······································20
8. 국제적 문제: 사이버범죄협약····················26

제2부 공격대상으로서 컴퓨터

제2장 공격대상으로서 컴퓨터
1. 서론···········································34
2. 사이버범죄의 확산······························49
3. 입법 환경······································51

제3장 권한 없는 접근 범죄
1. 서론···········································62
2. ‘컴퓨터’의 개념·································65
3. ‘접근(Access)’··································74
4. ‘권한 없는(Unauthorised)’·····················88
5. 책임 요건(Fault element)······················114
6. 추가적인 구성요건(Additional elements)·······116

제4장 데이터의 변경 및 회손
1. 서론··········································124
2. 법률 규정·····································125
3. 변경 또는 훼손을 야기하는 행위·················129
4. 변경 또는 훼손·································135

제5장 부정사용
1. 서론··········································146
2. 호주 ··········································149
3. 캐나다 ·······································151
4. 영국··········································154
5. 미국··········································157

제6장 데이터 감청
1. 전기통신 속성의 변화··························164
2. 법적 구조·····································165
3. ‘전기통신(telecommunication)’의 의미········174
4. 통신이란 무엇인가 (콘텐츠vs. 메타데이터)······184
5. ‘감청’ (실시간 통신 vs. 저장된 통신)············200

제3부 사기 및 관련 범죄

제7장 사기
1. 온라인 사기···································228
2. 문제의 규모···································248
4. 신원정보 절도·································258

제8장 저작권 침해 범죄
1. 저작권 침해는 절도인가························278
2. 법률 규정·····································284

제9장 ‘스팸(Spam)’
1. 스팸(전자적인 형태의 쓰레기) 메일··············298
2. 스팸에 대한 규제······························302
3. 스팸을 방지하기 위한 법률·····················305

제4부 내용 관련 범죄

제10장 아동 음란물
1. 온라인 아동 학대······························318
2. 아동 음란물의 범죄화··························323
3. 아동 음란물의 정의····························326
4. 아동 음란물 제작······························352
5. 제안하거나 이용 가능하게 하는 것···············357
6. 배포 또는 전송·································362
7. 아동 음란물 조달······························365
8. 아동 음란물 소지······························370
9. 정당방위······································394

제5부 사람에 대한 범죄

제11장 그루밍
1. 온라인 성범죄자·······························404
2. 법적 대응·····································412
3. 미성년자_에게 외설적이거나 음란한 자료를 전송하는 것·············415
4. 그루밍········································420
5. 유도 또는 조달·································427
6. 의도를 가지고 이동하는 것·····················437

제12장 괴롭힘(Harassment)
1. 사이버 공간에서의 괴롭힘······················442
2. 규모··········································445
3. 법적 대응·····································448
4. 괴롭힘의 형태·································457

제13장 관음행위 (Voyeurism)
1. 디지털 관음···································480
2. 관음행위의 범죄화·····························481
3. 법적 대응·····································485

제6부 관할권

제14장 관할권
1. 사이버공간에서의 범죄 ························500
2. 입법관할권····································500
3. 재판관할권····································506
4. 집행관할권····································511

참고문헌·········································514