This Manual builds on the success of the editions published in 2001 and 1997 by giving much broader and deeper treatment to all subject areas, while also adding several new topics. To say that this publication is simply an "updated version" of the 2001 manual would seriously understate the nature and scope of the changes. The 2006 Manual was restructured to present the material in a more consistent format that is easier to use; all the chapters were rewritten to add broader and more in-depth coverage of all areas; recent changes to the case law, statutes, and sentencing guidelines are addressed; and new chapters were added to address the Digital Millennium Copyright Act, patent law, and victim issues. Throughout, we try to present material in a way that will be of the most practical use to prosecutors.
This publication is the result of a tremendous amount of work by many individuals in the Computer Crime and Intellectual Property Section. Although it is undeniably a group effort, no one deserves more credit than Senior Counsel Scott Garland. Scott had primary responsibility for the project, wrote portions of various chapters, and assumed chief editing duties. Many other CCIPS attorneys made significant writing and editing contributions as well, including in alphabetical order: Lily Chinn (on detail), Jason Gull, Eric Klumb, Marie-Flore Kouame, Marc Miller, Jay Prabhu, Jason Reichelt, Andrea Sharrin, Corbin Weiss, and John Zacharia. Former CCIPS attorneys whose efforts also contributed include Michael O'Leary and Ken Doroshow. CCIPS supervisory paralegal specialist Kathleen Baker deserves special mention for her superior editing and proofing contributions. Other paralegals and summer interns who contributed to this publication over the past few years include: Jennifer Freundlich, Michael Radosh, Douglas Bloom, Myles Roberts, Tara Swaminatha, Meghan McGovern, and Rebecca Bolin.
Finally, we are grateful to Ed Hagen, Nancy Bowman, and others at the Office of Legal Education for putting this Manual into final form worthy of publication.
This Manual is intended as assistance, not authority. The research, analysis, and conclusions herein reflect current thinking on difficult areas of the law; they do not represent the official position of the Department of Justice or any other agency. This Manual has no regulatory effect, confers no rights or remedies, and does not have the force of law or a U.S. Department of Justice directive. See United States v. Caceres, 440 U.S. 741 (1979).
If you have questions about anything in this book, we invite you to call the Computer Crime and Intellectual Property Section at (202) 514-1026. Attorneys are on duty every day for the specific purpose of answering such calls and providing support to U.S. Attorney's Offices nationwide.
Michael M. DuBose,