사이버범죄론(제2판)

이 책은 사이버범죄란 무엇이고, 어떤 특징이 있는지부터 시작하여 사이버범죄를 유형별로 샅샅이 분해하여 살펴본다. 그리고 미국, 영국, 호주, 캐나다 등 다른 주요 선진국에서는 이러한 각 범죄에 대응하기 위해 어떤 법률 체계를 갖추고 있고, 관련 법률을 적용할 때 쟁점이 된 부분들은 무엇인지 살펴본다. 따라서 이 책은 기술적 지식이 부족하더라도 사이버 범죄에 대해 심도있게 이해하고 싶은 독자들, 사이버범죄 관련 법률의 발전방향을 연구하는 독자들이 참고하는 데 유용하리라고 생각된다. 이에 사이버범죄 관련 업무를 담당하고 있는 경찰대학 국제사이버범죄연구센터 연구진 세 명이 용기를 내어 어설프게나마 번역본을 한국 독자들에게 소개하고자 하였다. 이 책이 국내 사이버범죄 분야의 연구 발전에 기여할 수 있기를 바란다.

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 (콘텐츠 vs. 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