Argument Supporting The CAPPS II Tactics- Cyber Crime

Computer Forensics and Cyber Crime

CHAPTER

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Save your time - order a paper!

Get your paper written from scratch within the tight deadline. Our service is a reliable solution to all your troubles. Place an order on any task and we will take care of it. You won’t have to worry about the quality and deadlines

Order Paper Now

Avenues for Prosecution and Government Efforts

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Learning Objectives

Have knowledge of traditional statutes that also apply to current problems with computer crime.
Discover recent federal government legislation on online behavior.
Gain knowledge of investigative tools used by the government to reduce the risk of modern technology.
Develop an awareness of data mining and the programs imbedded in it.
Have an idea of the international attempt to solve the problem of computer crime.

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Introduction

Law enforcement administrators have faced traditional challenges, such as:
Smaller agencies lacking resources available, leading to greater reliance on state and federal agencies, which results in overburdening of those agencies
Historically, apathy towards nonviolent crime
Glacially slow pace of legislative action

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Traditional Statutes

The primary federal law enforcement provisions, relating to cybercrime exist under Title 18, for crimes such as:
Fraud and Embezzlement
Terrorism or Espionage
Child Seduction & Exploitation
Stalking
Kidnapping (The Hobbs Act)
Forgery and Counterfeiting
Extortion
RICO
Access Device Fraud
Illegal Wiretapping

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Traditional Statutes

- Supplemental federal criminal law relating to cybercrime includes:
- Title 15: Credit card Fraud and Software Piracy
- Title 17: Copyright Infringement

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

The Evolution of Computer-Specific Statutes

Computer Fraud and Abuse Act of 1986 (CFAA)

Prior version, the Counterfeit Access Device & computer Fraud & Abuse Act of 1986 – 18 U.S.C. §1030 (also called the Hacking Statute) focused narrowly on unauthorized access to a computer.
Considered ineffective: Too vague, overemphasized access to financial information and government computers
Only one successful prosecution under original act

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

The Evolution of Computer-Specific Statutes

Computer Fraud and Abuse Act of 1986 (CFAA)

Later expansion applied the Act to computers used in commerce & communication; applied to all financial records
Tailored it to apply to intentional, not inadvertent, intrusions

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

The Evolution of Computer-Specific Statutes

Subsequent successful prosecutions included:

Kevin Mitnick (perhaps most famous; theft of programs valued at more than $1 million from Digital Equipment corporation & the illegal manipulation of MCI service codes)
Shadowhawk (breaking and entering into U.S. Missile Command)
Robert Morris (inventor of the Morris Worm, and son of the former chief scientist at the National Computer Security Center)

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

The Evolution of Computer-Specific Statutes

National Information Infrastructure Act of 1996 (NIIPA)

Focused on loopholes, areas unaddressed by CFAA:
Instances of accidental intrusion
Offenses committed via computer
Offenses committed with computer technology
When computer data is not the primary target
All computers not involved in commerce but attached to the Internet

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

The Evolution of Computer-Specific Statutes

Expanded to include:
Transmitting classified government information
Obtaining information from financial institutions, private sector computers, and the U.S. government
Affecting the government’s use of a U.S. department or agency nonpublic computer
Fraud related to any of the previous activities
Hacking & malicious programming, including any unintentional damages
Trafficking in passwords
Extortion related to any of the above activities

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Evolving Child Pornography Statutes

Efforts at banning child pornography have included piecemeal legislation, like the Protection of Children against Sexual Exploitation Act (1977), and Supreme Court rulings.

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Evolving Child Pornography Statutes

New York v. Ferber (1982): Child pornography not protected by the First Amendment’s free speech provisions
Subsequent Congressional action: Child Protection Act (1984) was supplanted by Child Protection & Obscenity Act (1988); but limited to obscene material
Child Pornography Protection Act (CPPA) (1996) applied to virtual images of children, which would include altered images and cartoons, but this law was struck down by the U. S. Supreme Court in Ashcroft v. Free Speech Coalition (2002) as overbroad, covering images that were protected free speech, since virtual images would be made without having to victimize children.

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Evolving Child Pornography Statutes

Response: The PROTECT (Prosecutorial Remedies and Other Tools to End the Exploitation of children Today) Act, which provided for:
Mandatory life penalty for repeat child sex offenders
Criminal history/background checks for volunteer organizations
Electronic eavesdropping for cases of child abuse or kidnapping

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Evolving Child Pornography Statutes

Forbidding pretrial release for persons charged with violation of this Act
Ended statutes of limitation on child abduction, abuse
Appointment of National AMBER Alert Coordinator
No more waiting periods in missing persons cases for 18-21-year-olds
Prohibition against computer-generated child pornography (which seems contradicted by Ashcroft, but has not yet been reviewed by the Court)

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Evolving Child Pornography Statutes

Application of the Miller standard of obscenity to drawings, sculptures, and pictures depicting minors in obscene situations or engaged in sexual activity
Sentencing enhancement for possession and 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, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Identity Theft and Assumption Deterrence Act of 1998 (ITADA)

Now a crime to possess another’s personal (public or nonpublic) identifying information
Also, now 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”

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Identity Theft and Assumption Deterrence Act of 1998 (ITADA)

Identifying information includes:
Name
Social Security number
Date of birth
Official state or government issued driver’s license or identification number
Alien registration number
Passport number
Employer or taxpayer identification number

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation
Unique electronic identification number, address, or routing code
Telecommunication identifying information or access device
Also provided for restitution, attorney’s fees, lost time from work, and denial of credit
Designated the Federal Trade Commission (FTC) as the repository for consumer complaints and agents of dissemination

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

The Financial Modernization Act of 1999

Contains the Financial Privacy Rule, which states that financial institutions must disclose privacy practices and provide for “opt-out” of disclosure of some personal information
Contains the Safeguards Rule, which states that those businesses have to devise security ban to protect such information
Addresses pretexting, regarding financial information used to obtain personal information under false pretenses

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Fair and Accurate Credit Transactions Act of 2003 (FACTA)

Major provisions include:
Free credit report
Fraud and active duty alerts
Truncation of credit/debit account numbers (to address dumpster-diving)
Truncation of Social Security numbers
One-call fraud alerts and enhanced victims’ resolution process

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Mandate card issuers to investigate change of address requests and requests for new, additional cards
Blocking or elimination of fraudulent information
Fraud alert requirements for consumer reporting agencies
Requirement of consumer reporting agencies to divulge consumer credit scores
Limits the comingling of medical and financial information

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Debt collectors now obliged to tell third-party employers that debt may be result of identity theft, provide info on how to resolve disputes, and provide all info about debt; also, cannot put debt, result of identity theft, into collection
Civil action available when violations occur

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Identity Theft Penalty Enhancement Act of 2004

- Criminal penalties for aggravated identity theft, including mandatory sentences

Identity Theft Enforcement and Restitution Act of 2008

Expanded consequences for identity theft

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Identity Theft and Financial Privacy Statutes

Additional Efforts to Protect Personal Information

Drivers Privacy Protection Act: Prohibits use of Social Security numbers and other personal information from a motor vehicle record in any situation not expressly permitted by law
Health Insurance Portability & Accountability Act: Restricts health care organizations from disclosing Social Security numbers and health information

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Federally Funded Initiatives and Collaborations

The President’s Working Group on Unlawful Conduct on the Internet brought together the business community, government entities, and civil liberty/nonprofit advocacy organizations to evaluate:

Sufficiency of existing federal laws
Whether new technologies legal authorities needed to investigate and/or prosecute Internet crime
Whether education and “empowerment tools” can minimize the risks associated with this behavior

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Federally Funded Initiatives and Collaborations

Resulting approaches:

Regulation of Internet criminal activity, in same way as with traditional criminal law
Recognition of array of special needs, challenges to investigate, prosecute via tool development, enhanced training and interagency (and international) cooperation
Development of curricula re cyberethics, other support for private sector leaders to use

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Federally Funded Initiatives and Collaborations

- Presidential Decision Directive 63 (PDD 63) (1998) led to creation of National Infrastructure Protection Center’s (NIPC) Infragard, intended to bring local leaders, corporate executives, and law enforcement together to discuss potential threats.

The Innocent Images initiative was designed investigate adults’ interstate travel to meet minors for illicit purposes.

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Law Enforcement Operations and Tools in the United States

Packet Sniffers and Key Loggers

- Dragonware software suite (made up of Carnivore, Packeteer, Coolminer) intended to reconstruct the Web-surfing trail of someone under investigation.
- This was packet-sniffing software, where communication on the Internet broken down into packets, transmitted, then reassembled at the destination.

CyberKnight project used the Magic Lantern key logger to record keystrokes and mouse clicks for unscrambling encrypted files

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Law Enforcement Operations and Tools in the United States

Data Mining

Uses statistical models, algorithms, and/or artificial intelligence to analyze large data sets, with analysis parameters looking at:
Association of connected events
Sequence of path analysis, of events
Classification of new patterns
Clustering of groups of previously unknown facts
Forecasting future activities

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Law Enforcement Operations and Tools in the United States

Examples of data mining used to identify potential terrorists:
Terrorism information Awareness Program (TIA) and Secure Flight
Computer-Assisted Passenger Prescreening System (CAPPS II)
Multi-State Anti-Terrorism Information Exchange Pilot Project (MATRIX)
Automated Targeting System (ATS)
Terrorist Surveillance Program

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Law Enforcement Operations and Tools in the United States

Collaborations and Professional Associations

Creation of federal, state, or local interagency task forces
CyberScience Laboratory: Collaboration between New York Electronic Crimes Task Force and National Institute of Justice’s Office of Science and Technology, for sharing forensic knowledge
High Tech Computer Investigators Association (HTCIA): Nonprofit organization that involves training and information dissemination

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

International Efforts

OECD and the Select Committee of Experts on Computer-Related Crime of the Council of Europe
The first comprehensive effort (1983-1985) to harmonize criminal law to deal with computer-related economic crime
Generated two lists of suggestions:

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

International Efforts

Recommended behaviors that needed to be made illegal:
The alteration of computer data or computer programs
The practice of computer espionage
The unauthorized use of a computer
The unauthorized use of a protected computer program

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

International Efforts

Mandatory offenses for all countries to have:
Computer fraud
Computer forgery
Damage to computer data or computer programs
Computer sabotage
Unauthorized access
Unauthorized interception
Unauthorized reproduction of a protected computer program
Unauthorized reproduction of a topography (which relates to semiconductor design)

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

International Efforts

Council of Europe’s (CoE) Cybercrime Conventions (1996) created four categories of computer-related criminal offenses:

- Financial Action Task Force, created at G-7 Summit (1989), from concern how money laundering used to support terrorist financing
- Recommendations focused on law enforcement systems and prosecution of offenses, regulations and financial systems, and international cooperation.

Interpol & emphasis of aiding law enforcement agencies

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

International Efforts

- Virtual Global Task Force (VGT) (2003), a collaboration of the Australian High Tech Centre, the UK’s Child Exploitation and Online Protection Centre, the RCMP, the U.S. Department of Homeland Security, and Interpol

Aim to deliver low-cost, high-impact initiatives that deter pedophiles and prevent the online exploitation of children

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

International Efforts

United Nations’ Convention against Transnational Organized Crime (UNCATOC) (2000).

Association of Southeast Asian Nations’ (ASEAN) shared interest in training, criminal legislation and international collaboration

Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz

Conclusions

- Recognition of problems has increased exponentially, with still much work needed

- Continue to use traditional statutes, pending enactment of technology specific legislation, due to encouragement of policymakers and administrators

While international cooperation has increased, competitive issues about sovereignty hinders the continuing efforts

Argument Supporting The CAPPS II Tactics- Cyber Crime

Save your time - order a paper!

Experience

Our mission

Latest Posts

Talk to us...