Of those three existing tools (trespass, burglary, and theft), why is “theft” (and theft by “fraud”) the more likely choice to regulate these new offenses in cyberspace (un-authorized access, changing or deleting data, or denying access) (pp. 14-16)? What are the limitations of using “theft” to prevent “computer misuse” in cyberspace? (pp. 16-30).
keep in mind what happens in cyberspace and consider how the substantive law can (or cannot) properly respond—what sort of substantive law could respond to the new facts of cyberspace? And how does the law actually work?
Theft as applied to new offenses in cyberspace