nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 2 Lack of resources available to small agencies Traditional apathy toward nonviolent crime Snails pace of legislative action Reliance of small agencies on state & federal agencies Overburdened state & federal agencies Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 3 Title 15 Credit card Fraud Software piracy Title 17 Copyright Infringement Title 18 Fraud Embezzlement Terrorism & espionage Child seduction, & exploitation Staling Kidnapping Forgery & counterfeiting Extortion RICO Access Device Fraud Illegal Wiretapping Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 4 Originally known as Counterfeit Access Device & computer Fraud & Abuse Act of 1986 Section 1030 of title 18. Known as the Hacking Statute Criminalized the action of accessing a computer without, or in excess of, authorization Too vague, and overemphasized access to financial information and government computers Only one individual successfully prosecuted under original act. The Act has been regularly strengthened. Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 5 The Morris Worm Son of the former chief scientist at the National Computer Security Center Robert Morris Most famous Convicted of the theft of programs valued at more than $1 million from Digital Equipment corporation & the illegal manipulation of MCI service codes Kevin Mitnick Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 6 Designed to fill holes left by the CFFA More specifically used to prosecute cases in which computer data is not the primary target Extended protections to ALL computers attached to the Internet (not just those with federal interest) Criminalizes even accidental intrusion Expanded to include: Fraud Hacking & malicious programming Trafficking in passwords Extortion Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 7 Traditionally banned completely by legislation and Supreme Court rulings 1 st official statute Protection of Children against Sexual Exploitation Act (1977) Seminal Ruling: New York v. Ferber (1982) Resulting Statutes: Child Protection Act (1984) Child Protection & Obscenity Act (1988) Child Pornography Protection Act (CPPA) (1996) Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 8 Heralded by Child Advocates Criticized by Privacy Advocates Struck down by the Supreme Court Too vague and ambiguous Specifically, objected to the possibility of morphed or virtual images Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 9 Passed in response to Ashcroft decision Contained the following provisions: Mandatory life sentences for repeat child molesters Criminal history/background checks for volunteer organizations Electronic eavesdropping for cases of child abuse or kidnapping Prohibition against pretrial release for molesters Elimination of statute of limitation for child abduction or child abuse National AMBER Alert Coordinator Elimination of waiting periods for missing persons cases for victims between 18-21. Contd Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 10 Prohibition against computer-generated child pornographer Application of the Miller standard of obscenity in drawings, sculptures, and pictures depicting minors in obscene situations or engaged in sexual activity Sentencing enhancement for possession & distribution of child pornography Authorization of fines and imprisonment of up to 30 years for U.S. citizens or residents engaging in illicit sexual conduct abroad Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 11 First to make the possession of anothers personal identifying information a crime. Specifically, made it unlawful to: Knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law Included both public and non-public information Created a schematic for restitution Designated the Federal Trade Commission (FTC) as the repository for consumer complaints and agents of dissemination Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 12 Free Credit Report Fraud & Active Duty Alerts Truncation of Credit/Debit Account 3s Truncation of SSNs One-Call Fraud Alerts & Enhanced Victim Resolution Mandate Issuer Investigation COA & additional cards Requirement of CRA to issue Fraud Alert Blocking or elimination of fraudulent information Fraud alters for CRA Limitation of Commingling Medical/Financial Information Debt Collectors Civil Action Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 13 Drivers Privacy Protection Act Prohibits use of SSNs and other personal information from a motor vehicle record in any situation not expressly permitted under the law
Health Insurance Portability & Accountability Act Restricts health care organizations from disclosing of social security numbers and health information Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 14 National Infrastructure Protection Center (NIPC) - Infragard Presidents Working Group on Unlawful Conduct on the Internet Tasked with evaluating 1) whether existing federal laws are sufficient 2) the extent to which new technologies or legal authorities may be needed to investigate and prosecute Internet crime 3) the utility of education and empowerment tools to minimize the risks associated with this behavior Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 15 Packet Sniffers & key loggers Dragonware suite (Carnivore, Packeteer, Coolminer) CyberKnight Includes the keylogger Magic Lantern Pattern Analysis of Data Mining Association Sequence of path analysis Classification Clustering Forecasting Data Mining Terrorist Screening Terrorism Information Awareness Program & Secure Flight Computer-Assisted Passenger Prescreening System Multi-State Anti-Terrorism Information Exchange Pilot Project (MATRIX) Automated Targeting system (ATS)
Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 16 Operation WebSnare CyberScience Laboratory IACIS International Association for Computer Investigation Specialists HTCIA High Tech Computer Investigators Association The Training Company Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 17 OECD & the Select Committee of Experts on Computer- Related Crime of the Council of Europe 1 st of its kind developed in early 1980s Attempting to put together a criminal list and policy recommendations for all member states Council of Europes (CoE) Cybercrime Conventions Four Titles of Criminal offenses Financial Action Task Force G-7 Summit (1989) 40 + 9 Recommendations Virtual Global Task Force (VGT) Australian High Tech Centre, the UKs Child Exploitation and Online Protection Centre, the RCMP, the U.S. DHS, and Interpol United Nations Convention against Transnational Organized Crime introduced in late 2000 in Palermo Association of Southeast Asian Nations (ASEAN) Computer Forensics and Cyber Crime, 2 nd ed. Britz 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. 18 Recognition has increased exponentially, but much work is necessary Traditional statutes should be utilized, while technology specific legislation is pending. Policymakers and administrators should encourage legislatures to create technology specific legislation International cooperation is increasing, but competing sovereignty hinders their efforts
Juan Carlos Gamarra-Carrera, Ana Maria Gamarra, Juan Carlos Gamarra, Rosana Gamarra v. Immigration & Naturalization Service, 81 F.3d 172, 10th Cir. (1996)