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Questions and Answers
The primary federal law enforcement provisions relating to cybercrime exist under Title 18.
The primary federal law enforcement provisions relating to cybercrime exist under Title 18.
True
A federal law relating to cybercrime does not include terrorism or espionage.
A federal law relating to cybercrime does not include terrorism or espionage.
False
Smaller law enforcement agencies often rely on state and federal agencies due to a lack of resources.
Smaller law enforcement agencies often rely on state and federal agencies due to a lack of resources.
True
Legislative action regarding computer crime has been rapidly progressing.
Legislative action regarding computer crime has been rapidly progressing.
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Access device fraud is a traditional statute applied to cybercrime.
Access device fraud is a traditional statute applied to cybercrime.
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The Computer Fraud and Abuse Act of 1986 was initially effective and specifically focused on computer hacking.
The Computer Fraud and Abuse Act of 1986 was initially effective and specifically focused on computer hacking.
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Title 17 addresses issues related to Copyright Infringement.
Title 17 addresses issues related to Copyright Infringement.
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The Computer Fraud and Abuse Act of 1986 was later expanded to include all financial records.
The Computer Fraud and Abuse Act of 1986 was later expanded to include all financial records.
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Kevin Mitnick is known for stealing programs valued at more than $1 million from Digital Equipment Corporation.
Kevin Mitnick is known for stealing programs valued at more than $1 million from Digital Equipment Corporation.
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The original version of the Computer Fraud and Abuse Act was never successfully prosecuted.
The original version of the Computer Fraud and Abuse Act was never successfully prosecuted.
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It is now a crime to possess another's identifying information without lawful authority.
It is now a crime to possess another's identifying information without lawful authority.
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The Identity Theft and Assumption Deterrence Act was enacted in 2000.
The Identity Theft and Assumption Deterrence Act was enacted in 2000.
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Identifying information includes an individual's fingerprint.
Identifying information includes an individual's fingerprint.
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Restitution and attorney's fees are not provided for under the ITADA.
Restitution and attorney's fees are not provided for under the ITADA.
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The Federal Trade Commission (FTC) is designated as the repository for consumer complaints under ITADA.
The Federal Trade Commission (FTC) is designated as the repository for consumer complaints under ITADA.
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A passport number is not considered identifying information under the ITADA.
A passport number is not considered identifying information under the ITADA.
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The intent to commit unlawful activity is not necessary for the unauthorized use of another's means of identification.
The intent to commit unlawful activity is not necessary for the unauthorized use of another's means of identification.
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The National Information Infrastructure Act of 1996 focused exclusively on commercial computers.
The National Information Infrastructure Act of 1996 focused exclusively on commercial computers.
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The National Information Infrastructure Act of 1996 included provisions for transmitting classified government information.
The National Information Infrastructure Act of 1996 included provisions for transmitting classified government information.
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The Protection of Children against Sexual Exploitation Act was established in 1984.
The Protection of Children against Sexual Exploitation Act was established in 1984.
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In New York v. Ferber (1982), child pornography was deemed protected under the First Amendment.
In New York v. Ferber (1982), child pornography was deemed protected under the First Amendment.
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The Child Pornography Protection Act was enacted in 1996 and included virtual images of children.
The Child Pornography Protection Act was enacted in 1996 and included virtual images of children.
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The Child Protection & Obscenity Act (1988) was broader than its predecessor, the Child Protection Act (1984).
The Child Protection & Obscenity Act (1988) was broader than its predecessor, the Child Protection Act (1984).
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The National Information Infrastructure Act of 1996 dealt solely with Cyber Crime.
The National Information Infrastructure Act of 1996 dealt solely with Cyber Crime.
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The U.S. Supreme Court struck down the CPPA in Ashcroft v. Free Speech Coalition.
The U.S. Supreme Court struck down the CPPA in Ashcroft v. Free Speech Coalition.
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Which challenge do law enforcement administrators face due to smaller agencies lacking resources?
Which challenge do law enforcement administrators face due to smaller agencies lacking resources?
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Which traditional statute would most likely apply to someone committing illegal wiretapping?
Which traditional statute would most likely apply to someone committing illegal wiretapping?
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Which of the following is NOT listed as a primary federal law enforcement provision relating to cybercrime under Title 18?
Which of the following is NOT listed as a primary federal law enforcement provision relating to cybercrime under Title 18?
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What is a significant issue with the pace of legislative action concerning cybercrime?
What is a significant issue with the pace of legislative action concerning cybercrime?
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Which of the following types of crimes does NOT fall under the federal law enforcement provisions for cybercrime?
Which of the following types of crimes does NOT fall under the federal law enforcement provisions for cybercrime?
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What kind of offenses did the National Information Infrastructure Act of 1996 expand to include?
What kind of offenses did the National Information Infrastructure Act of 1996 expand to include?
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Which legislation was a response to the inadequacies found in the original child pornography laws?
Which legislation was a response to the inadequacies found in the original child pornography laws?
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In which Supreme Court case was the Child Pornography Protection Act struck down?
In which Supreme Court case was the Child Pornography Protection Act struck down?
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What aspect did the National Information Infrastructure Act of 1996 specifically address in terms of computer offenses?
What aspect did the National Information Infrastructure Act of 1996 specifically address in terms of computer offenses?
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What was one of the main focuses of the Computer Fraud and Abuse Act of 1986?
What was one of the main focuses of the Computer Fraud and Abuse Act of 1986?
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What constitutes unlawful use of identifying information under the Identity Theft and Assumption Deterrence Act of 1998 (ITADA)?
What constitutes unlawful use of identifying information under the Identity Theft and Assumption Deterrence Act of 1998 (ITADA)?
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Which of the following items is NOT considered identifying information as per the ITADA?
Which of the following items is NOT considered identifying information as per the ITADA?
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What does the ITADA provide victims aside from criminal penalties for identity theft?
What does the ITADA provide victims aside from criminal penalties for identity theft?
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Who is designated as the central agency for consumer complaints regarding identity theft?
Who is designated as the central agency for consumer complaints regarding identity theft?
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Which of the following best defines 'identifying information' in the context of the ITADA?
Which of the following best defines 'identifying information' in the context of the ITADA?
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What specific action is considered a violation under the ITADA?
What specific action is considered a violation under the ITADA?
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Which of the following is an example of unique biometric data as defined in the ITADA?
Which of the following is an example of unique biometric data as defined in the ITADA?
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What is a significant provision of the PROTECT Act regarding repeat child sex offenders?
What is a significant provision of the PROTECT Act regarding repeat child sex offenders?
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Which of the following was NOT a measure introduced by the PROTECT Act?
Which of the following was NOT a measure introduced by the PROTECT Act?
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What change did the PROTECT Act make regarding statues of limitation for child abduction and abuse?
What change did the PROTECT Act make regarding statues of limitation for child abduction and abuse?
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How does the PROTECT Act address computer-generated child pornography?
How does the PROTECT Act address computer-generated child pornography?
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What standard does the PROTECT Act apply to artistic representations involving minors?
What standard does the PROTECT Act apply to artistic representations involving minors?
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What penalty can U.S. citizens or residents face for engaging in illicit sexual conduct abroad under the provisions of the PROTECT Act?
What penalty can U.S. citizens or residents face for engaging in illicit sexual conduct abroad under the provisions of the PROTECT Act?
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Which of the following reflects a limitation imposed by the PROTECT Act regarding persons charged under it?
Which of the following reflects a limitation imposed by the PROTECT Act regarding persons charged under it?
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What provision allows for quicker action in missing persons cases for young adults as per the PROTECT Act?
What provision allows for quicker action in missing persons cases for young adults as per the PROTECT Act?
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Legislative action regarding cybercrime has historically been characterized by a slow pace.
Legislative action regarding cybercrime has historically been characterized by a slow pace.
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A primary federal law enforcement provision relating to cybercrime does not include child exploitation.
A primary federal law enforcement provision relating to cybercrime does not include child exploitation.
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Smaller law enforcement agencies often have sufficient resources to effectively handle cybercrime on their own.
Smaller law enforcement agencies often have sufficient resources to effectively handle cybercrime on their own.
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The National Information Infrastructure Act of 1996 included provisions for protecting commercial computers only.
The National Information Infrastructure Act of 1996 included provisions for protecting commercial computers only.
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RICO is a traditional statute that applies to cybercrimes.
RICO is a traditional statute that applies to cybercrimes.
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The Computer Fraud and Abuse Act of 1986 originally focused on unauthorized access to any computer.
The Computer Fraud and Abuse Act of 1986 originally focused on unauthorized access to any computer.
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Kevin Mitnick is notably recognized for the theft of programs valued over $1 million from Digital Equipment Corporation.
Kevin Mitnick is notably recognized for the theft of programs valued over $1 million from Digital Equipment Corporation.
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The Counterfeit Access Device and Computer Fraud & Abuse Act was deemed effective from its inception.
The Counterfeit Access Device and Computer Fraud & Abuse Act was deemed effective from its inception.
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The Computer Fraud and Abuse Act was modified to include unintentional intrusions after its initial enactment.
The Computer Fraud and Abuse Act was modified to include unintentional intrusions after its initial enactment.
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The Computer Fraud and Abuse Act was expanded to cover all types of communication and commerce-related computers.
The Computer Fraud and Abuse Act was expanded to cover all types of communication and commerce-related computers.
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The Identity Theft Enforcement and Restitution Act of 2008 expanded consequences for identity theft.
The Identity Theft Enforcement and Restitution Act of 2008 expanded consequences for identity theft.
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The Drivers Privacy Protection Act allows for the unrestricted use of Social Security numbers from motor vehicle records.
The Drivers Privacy Protection Act allows for the unrestricted use of Social Security numbers from motor vehicle records.
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The President's Working Group on Unlawful Conduct on the Internet evaluates the sufficiency of existing federal laws.
The President's Working Group on Unlawful Conduct on the Internet evaluates the sufficiency of existing federal laws.
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The approach to regulating Internet criminal activity is only focused on punitive measures without addressing special needs and challenges.
The approach to regulating Internet criminal activity is only focused on punitive measures without addressing special needs and challenges.
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Health organizations are permitted to disclose Social Security numbers freely according to the Health Insurance Portability & Accountability Act.
Health organizations are permitted to disclose Social Security numbers freely according to the Health Insurance Portability & Accountability Act.
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Efforts to protect personal information include empowering tools to minimize risks associated with unlawful activities.
Efforts to protect personal information include empowering tools to minimize risks associated with unlawful activities.
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Interagency cooperation is not emphasized in the efforts to combat internet crime.
Interagency cooperation is not emphasized in the efforts to combat internet crime.
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It is illegal to knowingly use another person's identification without lawful authority in the context of federal law.
It is illegal to knowingly use another person's identification without lawful authority in the context of federal law.
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Unique biometric data does not include fingerprints or voice prints according to the ITADA.
Unique biometric data does not include fingerprints or voice prints according to the ITADA.
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The ITADA allows for victims of identity theft to receive restitution and attorney's fees.
The ITADA allows for victims of identity theft to receive restitution and attorney's fees.
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An individual’s date of birth is classified as identifying information under the ITADA.
An individual’s date of birth is classified as identifying information under the ITADA.
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The Federal Trade Commission (FTC) serves as a repository for identity theft consumer complaints.
The Federal Trade Commission (FTC) serves as a repository for identity theft consumer complaints.
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According to ITADA, email addresses are considered unique electronic identification numbers.
According to ITADA, email addresses are considered unique electronic identification numbers.
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Possession of another person’s identifying information is not a crime under any circumstances.
Possession of another person’s identifying information is not a crime under any circumstances.
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An alien registration number is a type of identifying information as outlined in the ITADA.
An alien registration number is a type of identifying information as outlined in the ITADA.
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Which challenges do law enforcement administrators encounter due to the reliance on state and federal agencies?
Which challenges do law enforcement administrators encounter due to the reliance on state and federal agencies?
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Which of the following crimes is specifically mentioned as being included under the primary federal law enforcement provisions for cybercrime?
Which of the following crimes is specifically mentioned as being included under the primary federal law enforcement provisions for cybercrime?
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What does the Safeguards Rule require financial institutions to implement?
What does the Safeguards Rule require financial institutions to implement?
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What is one significant issue that impacts the legislative action concerning computer crime?
What is one significant issue that impacts the legislative action concerning computer crime?
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Which provision of FACTA addresses the issue of dumpster-diving?
Which provision of FACTA addresses the issue of dumpster-diving?
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Which traditional statute most directly addresses cyber related schemes like forgery?
Which traditional statute most directly addresses cyber related schemes like forgery?
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Under FACTA, what must card issuers investigate?
Under FACTA, what must card issuers investigate?
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Which of the following traditional statutes is aimed at combating crimes related to electronic extortion?
Which of the following traditional statutes is aimed at combating crimes related to electronic extortion?
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Which of the following is a requirement for consumer reporting agencies as mandated by FACTA?
Which of the following is a requirement for consumer reporting agencies as mandated by FACTA?
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What legal action is available when violations occur according to FACTA provisions?
What legal action is available when violations occur according to FACTA provisions?
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Which of the following actions is a primary goal of the Terrorism Information Awareness Program (TIA)?
Which of the following actions is a primary goal of the Terrorism Information Awareness Program (TIA)?
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What is the primary function of the Dragonware software suite in law enforcement operations?
What is the primary function of the Dragonware software suite in law enforcement operations?
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Which of the following components is NOT typically included in data mining processes for identifying potential threats?
Which of the following components is NOT typically included in data mining processes for identifying potential threats?
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What technology is utilized by the Cyber Knight project to assist in investigations?
What technology is utilized by the Cyber Knight project to assist in investigations?
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Which initiative is designed to discuss potential threats and integrate local leaders with law enforcement?
Which initiative is designed to discuss potential threats and integrate local leaders with law enforcement?
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What mandatory penalty does the PROTECT Act impose on repeat child sex offenders?
What mandatory penalty does the PROTECT Act impose on repeat child sex offenders?
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Which of the following provisions was NOT introduced by the PROTECT Act?
Which of the following provisions was NOT introduced by the PROTECT Act?
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What legal standard does the PROTECT Act apply to depictions of minors in obscene situations?
What legal standard does the PROTECT Act apply to depictions of minors in obscene situations?
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What type of conduct does the PROTECT Act explicitly prohibit?
What type of conduct does the PROTECT Act explicitly prohibit?
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What is the maximum potential prison term for U.S. citizens or residents engaging in illicit sexual conduct abroad under the PROTECT Act?
What is the maximum potential prison term for U.S. citizens or residents engaging in illicit sexual conduct abroad under the PROTECT Act?
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Study Notes
Computer Forensics and Cyber Crime
- Computer forensics and cybercrime: Introduction, Chapter 7, Avenues for Prosecution and Government Efforts
- Learning Objectives: Knowledge of traditional computer crime statutes, recent federal legislation, investigative tools used by the government, data mining, and international efforts to solve computer crime
- Introduction: Law enforcement administrators face challenges like smaller agencies with limited resources, leading to dependence on state and federal agencies, and historically low interest in non-violent crimes and slow legislative action in dealing with such crimes.
Traditional Statutes
- Primary federal law provisions relating to cybercrime exists under Title 18
- Examples of crimes: Fraud, Embezzlement, Terrorism or Espionage, Child Seduction & Exploitation, Stalking, Kidnapping (The Hobbs Act), Forgery and Counterfeiting, Extortion, RICO, Access Device Fraud, and Illegal Wiretapping
- Supplemental federal criminal law relating to cybercrime include Title 15 (Credit card Fraud and Software Piracy) and Title 17 (Copyright Infringement)
The Evolution of Computer-Specific Statutes
- Computer Fraud and Abuse Act of 1986 (CFAA): An initial version focused on unauthorized access to computers, but it was considered ineffective due to vagueness.
- Later expansions of the CFAA applied it to computers used in commerce and communication, extended it to all financial records, and the act now applies the law to intentional intrusions, not just inadvertent ones.
- Subsequent successful prosecutions (examples like Kevin Mitnick, Shadowhawk, and Robert Morris)
- National Information Infrastructure Act of 1996 (NIIPA): This focused on loopholes in the CFAA, addressing issues like accidental intrusions, computer-related offenses where computer data wasn't the primary target, and offenses on computers not involved in commerce but connected to the internet.
- Expanded scope of the CFAA to include actions like transmitting classified government information, obtaining information from financial institutions and government, and affecting government use of computers and agency non-public computers. It also added hacking and malicious programming that may include unintentional damages. Other additions are trafficking in passwords and extortion.
Evolving Child Pornography Statutes
- Efforts to ban child pornography use piecemeal legislation like the Protection of Children against Sexual Exploitation Act (1977), and Supreme Court rulings. Various additions and amendments occurred based on the cases like New York v. Ferber (1982) which determined child pornography is not protected by the first amendment.
- Subsequent actions by Congress to create the Child Protection Act (1984), and later the Child Protection & Obscenity Act (1988), but most were limited to obscene material. Amendments like the Child Pornography Protection Act (CPPA) (1996) was expanded into virtual images of children including altered images. However, these actions have been significantly challenged.
- The PROTECT Act addressed issues like mandatory life penalties for repeat offenders, criminal history/background checks for organizations that work with children, and electronic eavesdropping. Additional actions included prohibiting pretrial releases, ended statutes of limitation on the abduction and abuse of children, appointed a National AMBER Alert Coordinator, and limited waiting periods for missing persons cases. Further actions include application of the Miller standard of obscenity and sentencing enhancements for possession and distribution of child pornography.
Identity Theft and Financial Privacy Statutes
- Identity Theft and Assumption Deterrence Act of 1998 (ITADA): Made it a crime to possess another's identifying information that could be used to commit unlawful actions. It addressed issues like transferring or using a means of identification without lawful authority
- ITADA encompasses identifying information including name, Social Security number, date of birth, official government-issued driver's license or identification number, Alien registration number, Passport number, Employer or taxpayer identification number, unique biometric data (like fingerprints, voice print or retina/iris images), electronic identification numbers or routing codes, telecommunication identifying information, and access devices.
- The Financial Modernization Act of 1999: Established guidelines for financial institutions to disclose privacy practices (like opt-out of disclosure for some personal information) and for businesses to devise security bans to protect that information. These actions also addressed various situations relating to financial information being used to obtain personal information using false pretenses or pretexting.
- Fair and Accurate Credit Transactions Act of 2003 (FACTA): Included free credit reports, fraud alerts, and truncation of numbers (to prevent dumpster diving) for credit/debit and social security numbers and one call fraud alerts. It also instituted enhanced victim resolution processes for reporting and resolving the damage to victims, as well as mandates from the government relating to notification to investigate, change of address requests, fraud, and financial reporting of consumers.
- The Identity Theft Penalty Enhancement Act of 2004 and Identity Theft Enforcement and Restitution Act of 2008: Expanded penalties for identity theft, including mandatory sentences, Expanded consequences of identity theft.
Additional Efforts to Protect Personal Information
- Drivers Privacy Protection Act: Prohibits the use of social security numbers and other personal information from a motor vehicle record in situations that are not specifically permitted by law.
- Health Insurance Portability & Accountability Act: Restricts health care organizations from disclosing social security numbers and health information.
Federally Funded Initiatives and Collaborations
- The President's Working Group on Unlawful Conduct on the internet created various groups that brought together business, government, and non-profit advocacy entities together to evaluate the sufficiency of existing laws, whether new laws would be needed for the various technologies, and education and empowerment for those that use these technologies. The resulting approaches included regulating Internet criminal activity, recognition of the needed challenges and challenges, funding and enhanced training to deal with these issues, and development of curricula relevant to cyber ethics and information to private entities.
- Examples of initiatives include Presidential Decision Directive 63 and the Innocent Images initiative.
Law Enforcement Operations and Tools in the United States
- Packet sniffers and key loggers (such as Dragonware, Magic Lantern): These record communication and actions on the internet and computers for use by law enforcement in investigating crimes.
- Data mining: Using statistical models, algorithms, and artificial intelligence to analyze large data sets to identify potential terrorists. Examples of efforts like the Terrorism information Awareness Program, Computer-Assisted Passenger Prescreening System (CAPPS II) and others.
Collaborations and Professional Associations
- Examples of collaborative efforts between agencies, entities like the Cyber Science Laboratory, and professional associations like the High Tech Computer Investigators Association (HTCIA).
International Efforts
- OECD and the Select Committee of Experts on Computer-Related Crime: Generated various lists of suggestions for harmonizing criminal laws.
- Additional suggestions include defining the alteration or damage of computer data or programs, the practice of computer espionage, unauthorized computer or protected program use. These activities formed the basis for creating and harmonizing laws between various countries, and including mandatory offenses for all countries. Additional groups that were created like the Council of Europe's Cybercrime Conventions
- Examples include The Virtual Global Task Force, United Nations' Convention against Transnational Organized Crime (UNCATOC). International collaborations included the Association of Southeast Asian Nations (ASEAN), that shared interests in training, criminal legislation, and international collaboration.
Conclusions
- Increased recognition of the problems associated with computer and cybercrimes, noting there's still more work to do in this area
- Continued use of traditional laws while waiting for more technology-specific legislation
- Importance of increasing international cooperation concerning the laws to protect against cybercrimes, but the issues of sovereignty are a complicating factor in proceeding.
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Description
Test your knowledge of computer forensics and cybercrime as outlined in Chapter 7. This quiz covers traditional statutes, recent federal legislation, and government efforts in prosecuting cyber crimes. Dive into the complexities and challenges law enforcement faces in tackling these issues.