Cyber Crime 2000.ppt 819KB Jun 23 2011 10:19:18 AM

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CyberCrime

Kelly R. Burke District Attorney

Houston Judicial Circuit

Contact at 478.218.4810 or E-mail at [email protected]

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We’ll examine:

Definition of Cybercrime

Georgia Law on Computer Issues Federal Laws on Computer Issues Forensic Issues

Case Studies

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Definition of Cybercrime

“any illegal act involving a computer, its systems, or its applications”

Must be intentional – not accidental

Types or categories of cybercrime- 3 T’s

Tool of the crime – traditional crime w/ a

computer

 Target of the crime – Hacking

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“Georgia Computer

Systems Protection Act"

The General Assembly finds that: (1) Computer related crime is a

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“Georgia Computer

(2) Such crime occurs at great cost to the public, since losses for each

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“Georgia Computer

(3) The opportunities for computer related

crimes in state programs, and in other entities which operate within the state, through the

introduction of fraudulent records into a computer system, unauthorized use of

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“Georgia Computer

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“Georgia Computer

(6) The prosecution of persons

engaged in computer related crime is difficult under previously existing

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Georgia Law - Definitions

(1) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing

device or system performing computer operations with or on data and includes any data storage facility or

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Georgia Law - Definitions

(1) ....but such term does not include an automated typewriter or typesetter,

portable hand-held calculator,

household appliance, or other similar device that is not used to communicate with or to manipulate any other

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(2) "Computer network" means a set of related, remotely connected computers and any communications facilities with the function and purpose of transmitting data among them through the

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Georgia Law - Definitions

(3) "Computer operation" means

computing, classifying, transmitting, receiving, retrieving, originating,

switching, storing, displaying,

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(4) "Computer program" means one or more statements or instructions

composed and structured in a form acceptable to a computer that, when executed by a computer in actual or modified form, cause the computer to perform one or more computer

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Georgia Law - Definitions

(5) "Data" includes any representation of information, intelligence, or data in any fixed medium, including

documentation, computer printouts, magnetic storage media, punched cards, storage in a computer, or

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(6) "Financial instruments" includes any check, draft, money order, note,

certificate of deposit, letter of credit, bill of exchange, credit or debit card,

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Georgia Law - Definitions

(7) "Property" includes computers, computer networks, computer

programs, data, financial instruments, and services.

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(9) "Use" includes causing or attempting to cause:

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(9) "Use" includes causing or attempting to cause:

(B) The obstruction, interruption,

malfunction, or denial of the use of a

computer, computer network, computer program, or data; or

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Georgia Law - Definitions

(10) "Victim expenditure" means any

expenditure reasonably and necessarily incurred by the owner to verify that a

computer, computer network, computer program, or data was or was not

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(11) "Without authority" includes the use of a computer or computer network in a manner that exceeds any right or

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Computer Crimes

O.C.G.A. Sec. 16-9-93

Computer Theft

Computer Trespass

Computer Invasion of Privacy Computer Forgery

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Computer Crimes

O.C.G.A. Sec. 16-9-93

All computer crimes are felonies:

Computer Theft (15 years, $50,000 fine)

Computer Trespass (15 years, $50,000 fine) Computer Invasion of Privacy (15 years,

$50,000 fine)

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Computer Crimes

O.C.G.A. Sec. 16-9-93

Any person who uses a computer or computer network with knowledge that such use is

without authority and with the intention of: (1) Taking or appropriating any property of another, whether or not with the intention of depriving the owner of possession;

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Computer Crimes

O.C.G.A. Sec. 16-9-93

or (3) Converting property to such person's use in violation of an agreement or other

known legal obligation to make a specified application or disposition of such property

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Computer Trespass

Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:

(1) Deleting or in any way removing, either temporarily or permanently, any computer program or data from a

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Computer Trespass

(2) Obstructing, interrupting, or in any way interfering with the use of a computer

program or data; or

(3) Altering, damaging, or in any way causing the malfunction of a computer, computer

network, or computer program, regardless of how long the alteration, damage, or

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Computer Trespass

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Computer Invasion of

Privacy

Any person who uses a computer or computer network with the intention of

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Computer Forgery

Any person who creates, alters, or deletes any data contained in any

computer or computer network, who, if such person had created, altered, or deleted a tangible document or

instrument would have committed

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Computer Forgery

The absence of a tangible writing directly created or altered by the

offender shall not be a defense to the crime of computer forgery if a creation, alteration, or deletion of data was

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Computer Password

Disclosure

Any person who discloses a number, code, password, or other means of access to a

computer or computer network knowing that such disclosure is without authority and which results in damages (including the fair market value of any services used and victim

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Anonymity and the Internet

Computer False Identity

(a) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to

transmit any data through a computer network or over the transmission

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Anonymity and the Internet

for the purpose of setting up,

maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic

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Anonymity and the Internet

if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted

symbol to falsely identify the person, organization, or representative

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or which would falsely state or imply that such person, organization, or

representative has permission or is legally authorized to use such trade

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Anonymity and the Internet

provided, however, that no

telecommunications company or Internet access provider shall

violate this Code section solely as a result of carrying or transmitting such data for its customers.

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Court Challenge

A court case challenged this Georgia law. In ACLU v. Miller, 977 F. Supp.

1228 (1997), the ACLU alleged that the misappropriation of identity portion of this law was overbroad and, thus,

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Anonymity and the Internet

ACLU V. Miller

Plaintiffs were “a group of individuals and organization members who communicate over the internet, interpret it as imposing

unconstitutional content-based restrictions on their right to communicate anonymously and pseudonymous over the internet, as well as on their right to use trade names, logos, and other graphics in a manner held to be

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ACLU v. Miller

Plaintiffs argue that the act has

tremendous implications for internet users, many of whom "falsely

identify" themselves on a regular basis for the purpose of

communicating about sensitive

topics without subjecting themselves to ostracism or embarrassment.

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ACLU V. Miller

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ACLU V. Miller

“Defendants contend that the act prohibits a much narrower class of communications.

They interpret it as forbidding only fraudulent transmissions or the appropriation of the

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ACLU V. Miller

The State of Georgia: “...also ask the Court to abstain from exercising jurisdiction over this case on the grounds that the law is ambiguous and in need of state court

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Anonymity and the Internet

ACLU V. Miller

Defendants allege that the statute's purpose is fraud prevention, which the Court agrees is a

compelling state interest. However, the statute is not narrowly tailored to achieve that end and

instead sweeps innocent, protected speech

within its scope. Specifically, by its plain language the criminal prohibition applies regardless of

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Anonymity and the Internet

ACLU V. Miller

Defendants respond that the act does not mean what it says and that, instead, a variety of limiting concepts should be engrafted onto it. First,

defendants propose to add an element of fraud, or a specific intent requirement of "intent to

defraud" or "intent to deceive" to the act. None of these terms or phrases appears in the statute,

however, although they are expressly included in other Georgia criminal statutes which require

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Anonymity and the Internet

ACLU V. Miller

“In construing a statute, the Court must "follow the literal language of the statute 'unless it produces contradiction,

absurdity or such an inconvenience as to insure that the legislature meant

something else.'"

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ACLU V. Miller

The Court concludes that the statute was not drafted with the precision

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Anonymity and the Internet

ACLU V. Miller

On its face, the act prohibits such protected speech as the use of false identification to avoid social ostracism, to prevent

discrimination and harassment, and to protect privacy, as well as the use of trade names or logos in non-commercial educational speech, news, and commentary--a prohibition with

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Computer Crimes - Venue

For the purpose of venue under this

article, any violation of this article shall be considered to have been committed:

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Computer Crimes - Venue

(2) In any county in which any person alleged to have violated any provision of this article had control or possession of any proceeds of the violation or of

any books, records, documents, or property which were used in

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Computer Crimes - Venue

(3) In any county in which any act was

performed in furtherance of any transaction which violated this article; and

(4) In any county from which, to which, or through which any use of a computer or computer network was made, whether by

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More Georgia Computer Crimes

Remaining Georgia computer crimes are “crime specific,” such as

Sexual Offenses, Stalking Offenses and Theft Offenses

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Federal Laws on

Cybercrime

Computer Fraud and Abuse Act of 1986

Three goals (page 309 in your textbook)

Confidentiality of data communications Integrity of data communications

 Availability of data communications

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Forensic Issues

Computer Seizures

Who will do seizure?

Who has the best forensic capability? What will be seized?

Computers, disks, tapes, books, etc. Education of officers executing search. Power issues, movement issues,

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Forensic Issues

Computer Seizures

Backlogs in computer labs result in

searches that take months to get done. Therefore, we tend to limit search to

specific issues. If you’re looking for child porn, and you find it, don’t make

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Forensic Issues

Computer Seizures

E-mail, or ICQ searches are more

problematic. Cost may force limiting search to known conversations,

however, you want to search through

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Forensic Issues

Computer Seizures

GBI and FBI are generally the only agencies with qualified forensic

scientists. Even there, pay is an issue. It’s a new paradigm.

How do you start a “computer nerd” at twice or three times the salary of a

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Forensic Issues

Computer Seizures

Local law enforcement officer can learn basic forensics, and probably appear educated before a jury.... until the

defense brings in a “real” expert who blows the officer out of the water.

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Terroristic Threats and

Acts

A person commits the offense of a terroristic threat when he threatens to commit any crime of violence ... with the purpose of terrorizing another or of causing the evacuation of a

building... or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this

subsection on the uncorroborated testimony of the party to whom the threat is

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Terroristic Threats and

Acts

Statute requires corroboration, which was generally difficult to do on a

telephone conversation. Hence, “I’m going to kill you...” communicated

during a telephone conversation may not be actionable, at least as a

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Terroristic Threats and

Acts

However, that same threat,

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Intercepting

Communications

O.C.G.A. Sec. 16-11-62

It shall be unlawful for (4) Any person

intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of

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Intercepting

Communications

But, what if the police seize a computer and discover a conversation where a

crime is discussed. That conversation, if by telephone or telegraph, would have been protected. Not the case with a

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Intercepting

Communications

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Case Studies

Cyber Crime Comes To Life

Officer sets up a meeting with a suspected

cybersex perpetrator. Perp drives to Houston County, thinking he’s meeting the 13 year old girl he met on-line. Instead he’s meeting a 35 year old, 225 pound, detective. Whoops,

wrong move.

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Case Studies

Recent Court of Appeals case of State vs. Dennard ruled that, so long as the State can prove that a substantial step was taken toward the commission of the crime, the State can proceed to trial.

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Undercover Officer

Participation

OCGA 16-12-100.2 (f) The sole fact that an undercover operative or law

enforcement officer was involved in the detection and investigation of an

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Case Studies

So mere speech can get someone in trouble?

Sure, it’s been that way for years. The only thing different is the computer is the means of communicating the

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Computer Assisted Sexual

Exploitation

However, Legislature has recently enacted a

misdemeanor statute that makes the use of a

computer in the

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Computer Assisted Sexual

Exploitation

This legislation is entirely new, recognizing the

uniqueness of computer assisted child exploitation which was not possible

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Exploitation

O.C.G.A. Sec 16-12-100.2 (d) (1) Effective 7/1/99

It shall be unlawful for any person

intentionally or willfully to utilize a computer on-line service, Internet service, or local

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Computer Assisted Sexual

Exploitation

(d) (1) .. to commit any illegal act ... relating to the offense of sodomy or aggravated

sodomy; ... relating to the offense of child

molestation or aggravated child molestation; ... relating to the offense of enticing a child for indecent purposes; ... relating to the

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Exploitation

(d) (2) Any person who violates

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Case Studies

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Case Studies

In Dennard, the Court of Appeals ruled that the State can proceed on Criminal Attempt, even though the crime of

Sexual Exploitation has arguably been committed. The State commonly goes after the highest crime committed.

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ISP Operators Beware

OCGA 16-12-100.2 (e) (1) It shall be unlawful for any owner or

operator of a computer on-line service, Internet service, or local

bulletin board service intentionally or willfully to permit a subscriber to

utilize the service to commit a violation of this Code section,

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ISP Operators Beware

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Anonymity Opportunity

In the “old days,” sexual perversion was certainly present, but the desire to not be caught diminished the opportunities to accomplish the crime. Hanging

around the neighbor park was too risky, especially for bank presidents,

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Anonymity Opportunity

Today, a sexual pervert can “hang

around” in teenage chat rooms and find suitable victims with little risk of

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After awhile, the “friendship” will

develop to the point that the predator can talk about sex. Again, teenagers

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Anonymity Opportunity

Once the predator has established a

trusting relationship, he/she will seek to make a physical encounter. Usually,

this encounter will be solely about sex for the predator. There is too much

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The child usually seeks to get out of the situation once she/he realizes that this “friend” is not what was portrayed on the Internet. However, in many instances, it is too late to back out or stop the

assault. If the child will tell about it,

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Georgia Law - Issue

Last point on child sexual crimes. My office will not release videotapes of

interviews of child molestation victims to the defense. We are obligated by law to allow the defendant and his attorney see the tape. Those tapes contain

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Winding Down

Hang On.

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Cyber Stalking

A different twist on an old crime, Cyber Stalking. Stalking has been going on for centuries, having grown more

sophisticated as technology has advanced.

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Cyber Stalking

OCGA 16-5-90. (a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of

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Cyber Stalking

For the purposes of this article, the term "harassing and intimidating" means a

knowing and willful course of conduct directed at a specific person which

causes emotional distress by placing

such person in reasonable fear for such person's safety or a family member’s

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Cyber Stalking

by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This

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Cyber Stalking

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Cyber Stalking

Where in the World is Carmen

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Cyber Theft is Theft…

Theft is nothing new,

computers have simply

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Case Study – Cyber Theft

Houston County:

Saturday a.m. - Intruder breaks into local ISP, steals account names and

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Case Study – Cyber Theft

Houston County:

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Houston County:

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Houston County:

Saturday p.m. - Police

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Proving the old adage:

If criminals weren’t stupid, we wouldn’t catch many of

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Protecting Children

(& networks)

Keep Computer In Public Access Room Install Child Safe Software (NetNanny, CyberPatrol, etc.)

Know How To Track “History”

Watch Your Child At The Computer, Regardless of Age

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Final points

You may see this material on an exam!

 Number one fraud on the internet?

 Auctions!! Ebay users, pay with a credit card!

 Most common computer attack?

 Viruses- “malicious logic” vs. worms

 Worms are self-replicating, death by expansion, filling

harddrive or bandwidth

 Denial of Service Attacks- it’s cybercrime

 Floods the server with data, prevents access

 Carnivore – FBI tool for internet wiretaps

 Makes a copy of email for law enforcement

 Money laundering – transfer of money from illegal

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In Closing

Cyber Crime Is Still Crime

Computers Offer Widespread Havoc Computers Have Detection Issues, Good and Bad

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Thank You for Coming!

Kelly R. Burke District Attorney

Houston County, Georgia 478.987.2450 or

[email protected]