Management Information Systems Bartlett

1. LAW AND CYBER CRIME
Professor Brian Bartlett
Lamont Joey Lum
October 12, 2016

2. What is Cyber Crime
 Attacks on computer systems especially company or governments.
 Cyber-bullying.
 Email spam and phishing.
 Identity theft.
 Prohibited offensive and illegal content.
 Online child sexual abuse material.
 Online trading scams.
So what? Why don’t we just prevent the cyber attacks?

3. Current Issues Surrounding Cyber Law
 4th Amendment Search and Seizure
 Data mining; sensitive and private information?
 FISA courts and EO12333
 14th Amendment (jurisdiction)
 Patriot Act
 Apple and CALEA

4.  4th Amendment Search and Seizure
 Courts have routinely ruled in favor of accused instead of law enforcement
 The question is always “HOW” did law enforcement get the intel
 Courts will be inundated with cases requiring clarifications until strong
precedents are set

5.  Data Mining and “Dog Sniffing”
 Data mining is any piece of information that companies or governments collect
on users
 Many times used by retailers to predict shopping habits etc
 Strict guidelines however for law enforcement use
 (Rodriguez v. United States, 2015).

6.  FISA courts, EO12333
 FISA (Foreign Intelligence Surveillance Act of 1978
 Collection efforts must go one of 11 pre-defined FISA courts
 All US Citizen information is heavily scrutinized even after collection
 EO12333 signed by President Reagan in 1981
Expanded collection efforts for known criminal or foreign surveillance activities
Implemented long before modern computing
Relevance to modern usage is routinely challenged

7.  14th Amendment (due process & jurisdiction)
 Continuing challenges of ownership/jurisdiction
 Especially difficult across international boundaries
 Jurisdiction expanded during Patriot Act

8.  Apple and CALEA
 Following a known terrorist attack DOJ “demanded” Apple amend security
policies
11 other requests thus far
 All Writs Act of 1789 which allowed federal courts to issue “writs” for aid
 United States v. New York Telephone Co (dialed number recognition, or dnr)
Arguably data mining and not as sensitive
 CALEA Communications Assistance for Law Enforcement Act
Implemented to force communication companies to implement “built in” surveillance
opportunities
Typically applied to AT&T or Verizon type providers who provided service, rather than
manufactures

9.  The Modern Christian
Must follow man’s and natural law but above all, follow God’s
commandments
Must hold themselves accountable as God will hold us accountable
Must be a witness to the world
Let’s get thinking: Suppose you owned Apple… Do your obligations to your
customers for data privacy outweigh that of catching a terrorist? Is this an ethical or
moral dilemma? What do you think?