Computer Forensics and Cyber Crime Overview

Computer Forensics and Cyber Crime

• This presentation covers avenues for prosecution and government efforts related to computer crime.
• Learning objectives include understanding traditional laws applied to computer crime, recent federal legislation on online behavior, investigative tools used by the government, and data mining programs.
• The presentation also addresses international attempts to address computer crime.

Introduction

• Law enforcement faces challenges such as smaller agencies with fewer resources, leading to reliance on state and federal agencies.
• Historically, there's been apathy towards nonviolent crime.
• Legislative action on computer crime has moved slowly.

Traditional Statutes

• Primary federal law enforcement provisions related to cybercrime fall under Title 18.
• Examples of crimes covered under Title 18 include fraud, embezzlement, terrorism, espionage, child seduction and exploitation, stalking, kidnapping, forgery, extortion, RICO offenses, access device fraud, and illegal wiretapping.
• Supplemental federal criminal law relating to cybercrime includes Title 15 (credit card fraud and software piracy) and Title 17 (copyright infringement).

The Evolution of Computer-Specific Statutes

• The Computer Fraud and Abuse Act (CFAA) of 1986 initially focused narrowly on unauthorized computer access.
• The act has been expanded to cover computers used in commerce and communication, and now applies to all financial records and intentional intrusions.
• The act was criticized as ineffective, and its initial version was too vague and emphasized access to financial information and government computers.
• Subsequent prosecutions under the CFAA included Kevin Mitnick (program theft), Shadowhawk (breaking into the U.S. Missile Command), and Robert Morris (inventor of the Morris Worm).
• The National Information Infrastructure Act (NIIPA) of 1996 addressed loopholes in the CFAA, broadening the scope to include instances of accidental intrusions and offenses where computer data is not the primary target.
• NIIPA also covered the use of computers in all circumstances and non-commercial settings.
• The act further extended to include transmitting classified government information, obtaining information from financial institutions, private sector computers, and the U.S. government affecting government.

Evolving Child Pornography Statutes

• Efforts at banning child pornography include piecemeal legislation (like the Protection of Children against Sexual Exploitation Act of 1977) plus Supreme Court rulings.
• Cases such as New York v. Ferber (1982) determined that child pornography is not protected by free speech under the First Amendment.
• Later legislation included the Child Protection Act (1984), later supplanted by the Child Protection & Obscenity Act (1988), and the Child Pornography Protection Act (CPPA) of 1996.
• The CPPA covered virtual images, but the Supreme Court's decision in Ashcroft v Free Speech Coalition (2002) deemed it overly broad.
• The PROTECT Act introduced measures like a mandatory life penalty for repeat child sex offenders, criminal history checks for volunteers, and electronic eavesdropping for cases involving child abuse or kidnapping.

Identity Theft and Financial Privacy Statutes

• The Identity Theft and Assumption Deterrence Act (ITADA) of 1998 criminalizes possessing identifying information without authority.
• Identifying information includes social security numbers, dates of birth, driver's licenses, alien registration numbers, passports, and employer/taxpayer identification numbers.
• Unique biometric data (like fingerprints, voice prints, retinas, and irises) and electronic codes are also covered.
• The law also provides restitution, attorney fees, compensation for lost wages, and credit denial penalties.
• The Financial Modernization Act of 1999 introduced the Financial Privacy Rule, which mandated privacy disclosure practices, the Safeguards Rule, requiring security measures in protecting financial data, and addressed pretexting (obtaining personal info under false pretenses).
• The Fair and Accurate Credit Transactions Act (FACTA) of 2003 mandated free credit reports, fraud alerts, truncated credit/debit numbers to deter "dumpster diving", truncated social security numbers, enhanced victim support procedures, and provisions to investigate changes in address for credit cards/accounts.
• Further extensions addressed card issuers investigations, blocking fraudulent info, and consumer reporting requirements.
• Debt collectors are now legally obliged to disclose identity theft and provide info on how to resolve debt issues.
• The Identity Theft Penalty Enhancement Act (2004) mandated sentences for aggravated identity theft, and the Identity Theft Enforcement and Restitution Act (2008) further expanded consequences for such theft.

Additional Efforts to Protect Personal Information

• The Drivers' Privacy Protection Act restricts the use of social security information in motor vehicle records.
• The Health Insurance Portability and Accountability Act (HIPAA) restricts healthcare organizations from releasing social security numbers and health info.

Federally Funded Initiatives and Collaborations

• The President's Working Group on Unlawful Conduct on the Internet involved business, government, and non-profits to evaluate existing laws, technology-specific legislation, and educational resources to minimize the risks of cybercrime.
• Several approaches resulted, including similar regulations to those used in traditional criminal law, recognition of special needs, and cooperation with law enforcement.
• Presidential Decision Directive 63 (PDD 63) and the 'Innocent Images' initiative aimed to bring together law enforcement and private businesses to discuss threats and investigate child abuse.

Law Enforcement Operations and Tools in the United States

• Law enforcement uses tools such as packet sniffers (like Carnivore, Packeteer, and Coolminer), which reconstruct internet communication.
• Key loggers such as the Magic Lantern help record keystrokes and mouse clicks.
• Data mining employs statistical models, algorithms, and artificial intelligence to analyze large datasets to identify patterns like those involved in terrorism (e.g. Terrorism Information Awareness Program, Computer-Assisted Passenger Prescreening System (CAPPS II), Multi-State Anti-Terrorism Information Exchange Pilot Project (MATRIx), Automated Targeting System(ATS), and Terrorist Surveillance Program).

Collaborations and Professional Associations

• Interagency task forces, cyber science laboratories like the one based at the New York Electronic Crimes Task Force, and professional associations (like the High Tech Computer Investigators Association) were created for knowledge sharing and training.

International Efforts

• International collaborations (e.g. OECD, Council of Europe, Interpol) aim to harmonize criminal laws and cooperate for combating computer-related crimes like the alteration of computer data, computer espionage and unauthorized computer use.
• The UN Convention against Transnational Organized Crime (UNCATOC) identified specific cybercrimes needing global attention.
• The Virtual Global Task Force (VGT) combined high-tech security forces from several countries to address child exploitation.
• The Association of Southeast Asian Nations (ASEAN) have shown an interest in training, criminal legislation, and collaboration internationally.

Conclusions

• Recognition of computer-related problems is rapidly increasing, but there's still much needed work.
• Existing laws are used for handling computer-related crime, pending the formation of legislation specific to technology.
• International cooperation is improving, but sovereignty issues hinder progress.

Explore the complexities of computer forensics and cyber crime through this presentation. Learn about traditional laws, recent legislation, and investigative tools used by authorities, as well as the challenges faced in prosecuting cyber crimes. This quiz will enhance your understanding of how laws apply in the digital age.