The document discusses various avenues for prosecution of computer crimes and cyber crimes, as well as government efforts to address these issues. It provides an overview of traditional statutes that apply to computer crimes, the evolution of specific computer-related statutes over time including key pieces of legislation, efforts around child pornography and identity theft, and tools and initiatives used by law enforcement agencies both domestically and internationally.

1. /
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Printed by: [email protected] Printing is for personal, private
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may be reproduced or transmitted without publisher's prior
permission. Violators will be prosecuted.
/
Printed by: [email protected] Printing is for personal, private
use only. No part of this book
may be reproduced or transmitted without publisher's prior
permission. Violators will be prosecuted.
/
Printed by: [email protected] Printing is for personal, private
use only. No part of this book

2. may be reproduced or transmitted without publisher's prior
permission. Violators will be prosecuted.
Computer Forensics and Cyber Crime
CHAPTER
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Avenues for Prosecution and Government Efforts
7
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Learning ObjectivesHave 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
Copyright © 2013 by Pearson Education, Inc.

3. All Rights Reserved
IntroductionLaw 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
agenciesHistorically, apathy towards nonviolent crimeGlacially
slow pace of legislative action
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Traditional StatutesThe primary federal law enforcement
provisions, relating to cybercrime exist under Title 18, for
crimes such as:Fraud and Embezzlement Terrorism or
EspionageChild Seduction & ExploitationStalkingKidnapping
(The Hobbs Act)Forgery and
CounterfeitingExtortionRICOAccess Device FraudIllegal
Wiretapping
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Traditional StatutesSupplemental 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.

4. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 computersOnly
one successful prosecution under original act
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 recordsTailored it to
apply to intentional, not inadvertent, intrusions
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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

5. 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
The Evolution of Computer-Specific Statutes
National Information Infrastructure Act of 1996
(NIIPA)Focused on loopholes, areas unaddressed by
CFAA:Instances of accidental intrusionOffenses committed via
computerOffenses committed with computer technologyWhen
computer data is not the primary targetAll computers not
involved in commerce but attached to the Internet
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
The Evolution of Computer-Specific StatutesExpanded to
include: Transmitting classified government
informationObtaining information from financial institutions,
private sector computers, and the U.S. governmentAffecting the
government's use of a U.S. department or agency nonpublic
computerFraud related to any of the previous activitiesHacking
& malicious programming, including any unintentional
damagesTrafficking in passwordsExtortion related to any of the
above activities
Computer Forensics and Cyber Crime, 3rd ed.

6. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesEfforts 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesNew York v. Ferber
(1982): Child pornography not protected by the First
Amendment's free speech provisionsSubsequent Congressional
action: Child Protection Act (1984) was supplanted by Child
Protection & Obscenity Act (1988); but limited to obscene
materialChild 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesResponse: The PROTECT
(Prosecutorial Remedies and Other Tools to End the

7. Exploitation of children Today) Act, which provided
for:Mandatory life penalty for repeat child sex
offendersCriminal history/background checks for volunteer
organizationsElectronic eavesdropping for cases of child abuse
or kidnapping
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesForbidding pretrial release
for persons charged with violation of this ActEnded statutes of
limitation on child abduction, abuseAppointment of National
AMBER Alert CoordinatorNo more waiting periods in missing
persons cases for 18-21-year-oldsProhibition 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesApplication of the Miller
standard of obscenity to drawings, sculptures, and pictures
depicting minors in obscene situations or engaged in sexual
activitySentencing enhancement for possession and distribution
of child pornographyAuthorization 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.

8. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 informationAlso, 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
Identity Theft and Assumption Deterrence Act of 1998
(ITADA)Identifying information includes:NameSocial Security
numberDate of birthOfficial state or government issued driver’s
license or identification numberAlien registration
numberPassport numberEmployer or taxpayer identification
number
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy StatutesUnique biometric
data, such as fingerprint, voice print, retina or iris image, or

9. other unique physical representationUnique electronic
identification number, address, or routing
codeTelecommunication identifying information or access
deviceAlso provided for restitution, attorney's fees, lost time
from work, and denial of creditDesignated 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
The Financial Modernization Act of 1999Contains the Financial
Privacy Rule, which states that financial institutions must
disclose privacy practices and provide for "opt-out" of
disclosure of some personal informationContains the Safeguards
Rule, which states that those businesses have to devise security
ban to protect such informationAddresses pretexting, regarding
financial information used to obtain personal information under
false pretenses
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
Fair and Accurate Credit Transactions Act of 2003
(FACTA)Major provisions include:Free credit reportFraud and
active duty alertsTruncation of credit/debit account numbers (to
address dumpster-diving)Truncation of Social Security
numbersOne-call fraud alerts and enhanced victims' resolution

10. process
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy StatutesMandate card
issuers to investigate change of address requests and requests
for new, additional cardsBlocking or elimination of fraudulent
informationFraud alert requirements for consumer reporting
agenciesRequirement of consumer reporting agencies to divulge
consumer credit scoresLimits the comingling of medical and
financial information
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy StatutesDebt 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 collectionCivil action available when
violations occur
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes

11. Identity Theft Penalty Enhancement Act of 2004Criminal
penalties for aggravated identity theft, including mandatory
sentences
Identity Theft Enforcement and Restitution Act of
2008Expanded consequences for identity theft
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
Additional Efforts to Protect Personal InformationDrivers
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 lawHealth
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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 lawsWhether new
technologies legal authorities needed to investigate and/or
prosecute Internet crimeWhether education and “empowerment

12. tools” can minimize the risks associated with this behavior
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Federally Funded Initiatives and Collaborations
Resulting approaches:Regulation of Internet criminal activity,
in same way as with traditional criminal lawRecognition of
array of special needs, challenges to investigate, prosecute via
tool development, enhanced training and interagency (and
international) cooperationDevelopment of curricula re
cyberethics, other support for private sector leaders to use
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Federally Funded Initiatives and CollaborationsPresidential
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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved

13. Law Enforcement Operations and Tools in the United States
Packet Sniffers and Key LoggersDragonware 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 eventsSequence
of path analysis, of eventsClassification of new patterns
Clustering of groups of previously unknown factsForecasting
future activities
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Law Enforcement Operations and Tools in the United
StatesExamples of data mining used to identify potential
terrorists:Terrorism information Awareness Program (TIA) and
Secure FlightComputer-Assisted Passenger Prescreening System
(CAPPS II)Multi-State Anti-Terrorism Information Exchange

14. Pilot Project (MATRIX)Automated Targeting System
(ATS)Terrorist Surveillance Program
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Law Enforcement Operations and Tools in the United States
Collaborations and Professional AssociationsCreation of
federal, state, or local interagency task forcesCyberScience
Laboratory: Collaboration between New York Electronic Crimes
Task Force and National Institute of Justice's Office of Science
and Technology, for sharing forensic knowledgeHigh Tech
Computer Investigators Association (HTCIA): Nonprofit
organization that involves training and information
dissemination
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
International EffortsOECD and the Select Committee of Experts
on Computer-Related Crime of the Council of EuropeThe first
comprehensive effort (1983-1985) to harmonize criminal law to
deal with computer-related economic crimeGenerated two lists
of suggestions:
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved

15. International EffortsRecommended behaviors that needed to be
made illegal: The alteration of computer data or computer
programsThe practice of computer espionageThe unauthorized
use of a computerThe unauthorized use of a protected computer
program
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
International EffortsMandatory offenses for all countries to
have:Computer fraudComputer forgeryDamage to computer data
or computer programsComputer sabotageUnauthorized
accessUnauthorized interceptionUnauthorized reproduction of a
protected computer programUnauthorized reproduction of a
topography (which relates to semiconductor design)
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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
financingRecommendations focused on law enforcement
systems and prosecution of offenses, regulations and financial
systems, and international cooperation.
Interpol & emphasis of aiding law enforcement agencies

16. Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
International EffortsVirtual 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
International EffortsUnited 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
ConclusionsRecognition 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

17. While international cooperation has increased, competitive
issues about sovereignty hinders the continuing efforts
Computer Forensics and Cyber Crime
CHAPTER
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Avenues for Prosecution and Government Efforts
7
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Learning ObjectivesHave 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
Copyright © 2013 by Pearson Education, Inc.

18. All Rights Reserved
IntroductionLaw 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
agenciesHistorically, apathy towards nonviolent crimeGlacially
slow pace of legislative action
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Traditional StatutesThe primary federal law enforcement
provisions, relating to cybercrime exist under Title 18, for
crimes such as:Fraud and Embezzlement Terrorism or
EspionageChild Seduction & ExploitationStalkingKidnapping
(The Hobbs Act)Forgery and
CounterfeitingExtortionRICOAccess Device FraudIllegal
Wiretapping
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Traditional StatutesSupplemental 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.

19. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 computersOnly
one successful prosecution under original act
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 recordsTailored it to
apply to intentional, not inadvertent, intrusions
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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

20. 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
The Evolution of Computer-Specific Statutes
National Information Infrastructure Act of 1996
(NIIPA)Focused on loopholes, areas unaddressed by
CFAA:Instances of accidental intrusionOffenses committed via
computerOffenses committed with computer technologyWhen
computer data is not the primary targetAll computers not
involved in commerce but attached to the Internet
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
The Evolution of Computer-Specific StatutesExpanded to
include: Transmitting classified government
informationObtaining information from financial institutions,
private sector computers, and the U.S. governmentAffecting the
government's use of a U.S. department or agency nonpublic
computerFraud related to any of the previous activitiesHacking
& malicious programming, including any unintentional
damagesTrafficking in passwordsExtortion related to any of the
above activities
Computer Forensics and Cyber Crime, 3rd ed.

21. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesEfforts 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesNew York v. Ferber
(1982): Child pornography not protected by the First
Amendment's free speech provisionsSubsequent Congressional
action: Child Protection Act (1984) was supplanted by Child
Protection & Obscenity Act (1988); but limited to obscene
materialChild 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesResponse: The PROTECT
(Prosecutorial Remedies and Other Tools to End the

22. Exploitation of children Today) Act, which provided
for:Mandatory life penalty for repeat child sex
offendersCriminal history/background checks for volunteer
organizationsElectronic eavesdropping for cases of child abuse
or kidnapping
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesForbidding pretrial release
for persons charged with violation of this ActEnded statutes of
limitation on child abduction, abuseAppointment of National
AMBER Alert CoordinatorNo more waiting periods in missing
persons cases for 18-21-year-oldsProhibition 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Evolving Child Pornography StatutesApplication of the Miller
standard of obscenity to drawings, sculptures, and pictures
depicting minors in obscene situations or engaged in sexual
activitySentencing enhancement for possession and distribution
of child pornographyAuthorization 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.

23. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 informationAlso, 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
Identity Theft and Assumption Deterrence Act of 1998
(ITADA)Identifying information includes:NameSocial Security
numberDate of birthOfficial state or government issued driver’s
license or identification numberAlien registration
numberPassport numberEmployer or taxpayer identification
number
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy StatutesUnique biometric
data, such as fingerprint, voice print, retina or iris image, or

24. other unique physical representationUnique electronic
identification number, address, or routing
codeTelecommunication identifying information or access
deviceAlso provided for restitution, attorney's fees, lost time
from work, and denial of creditDesignated 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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
The Financial Modernization Act of 1999Contains the Financial
Privacy Rule, which states that financial institutions must
disclose privacy practices and provide for "opt-out" of
disclosure of some personal informationContains the Safeguards
Rule, which states that those businesses have to devise security
ban to protect such informationAddresses pretexting, regarding
financial information used to obtain personal information under
false pretenses
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
Fair and Accurate Credit Transactions Act of 2003
(FACTA)Major provisions include:Free credit reportFraud and
active duty alertsTruncation of credit/debit account numbers (to
address dumpster-diving)Truncation of Social Security
numbersOne-call fraud alerts and enhanced victims' resolution

25. process
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy StatutesMandate card
issuers to investigate change of address requests and requests
for new, additional cardsBlocking or elimination of fraudulent
informationFraud alert requirements for consumer reporting
agenciesRequirement of consumer reporting agencies to divulge
consumer credit scoresLimits the comingling of medical and
financial information
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy StatutesDebt 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 collectionCivil action available when
violations occur
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes

26. Identity Theft Penalty Enhancement Act of 2004Criminal
penalties for aggravated identity theft, including mandatory
sentences
Identity Theft Enforcement and Restitution Act of
2008Expanded consequences for identity theft
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
Identity Theft and Financial Privacy Statutes
Additional Efforts to Protect Personal InformationDrivers
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 lawHealth
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
Copyright © 2013 by Pearson Education, Inc.
All Rights Reserved
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 lawsWhether new
technologies legal authorities needed to investigate and/or
prosecute Internet crimeWhether education and “empowerment

27. tools” can minimize the risks associated with this behavior
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Federally Funded Initiatives and Collaborations
Resulting approaches:Regulation of Internet criminal activity,
in same way as with traditional criminal lawRecognition of
array of special needs, challenges to investigate, prosecute via
tool development, enhanced training and interagency (and
international) cooperationDevelopment of curricula re
cyberethics, other support for private sector leaders to use
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
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Federally Funded Initiatives and CollaborationsPresidential
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.
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28. Law Enforcement Operations and Tools in the United States
Packet Sniffers and Key LoggersDragonware 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.
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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 eventsSequence
of path analysis, of eventsClassification of new patterns
Clustering of groups of previously unknown factsForecasting
future activities
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
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Law Enforcement Operations and Tools in the United
StatesExamples of data mining used to identify potential
terrorists:Terrorism information Awareness Program (TIA) and
Secure FlightComputer-Assisted Passenger Prescreening System
(CAPPS II)Multi-State Anti-Terrorism Information Exchange

29. Pilot Project (MATRIX)Automated Targeting System
(ATS)Terrorist Surveillance Program
Computer Forensics and Cyber Crime, 3rd ed.
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Law Enforcement Operations and Tools in the United States
Collaborations and Professional AssociationsCreation of
federal, state, or local interagency task forcesCyberScience
Laboratory: Collaboration between New York Electronic Crimes
Task Force and National Institute of Justice's Office of Science
and Technology, for sharing forensic knowledgeHigh Tech
Computer Investigators Association (HTCIA): Nonprofit
organization that involves training and information
dissemination
Computer Forensics and Cyber Crime, 3rd ed.
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International EffortsOECD and the Select Committee of Experts
on Computer-Related Crime of the Council of EuropeThe first
comprehensive effort (1983-1985) to harmonize criminal law to
deal with computer-related economic crimeGenerated two lists
of suggestions:
Computer Forensics and Cyber Crime, 3rd ed.
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30. International EffortsRecommended behaviors that needed to be
made illegal: The alteration of computer data or computer
programsThe practice of computer espionageThe unauthorized
use of a computerThe unauthorized use of a protected computer
program
Computer Forensics and Cyber Crime, 3rd ed.
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International EffortsMandatory offenses for all countries to
have:Computer fraudComputer forgeryDamage to computer data
or computer programsComputer sabotageUnauthorized
accessUnauthorized interceptionUnauthorized reproduction of a
protected computer programUnauthorized reproduction of a
topography (which relates to semiconductor design)
Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
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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
financingRecommendations focused on law enforcement
systems and prosecution of offenses, regulations and financial
systems, and international cooperation.
Interpol & emphasis of aiding law enforcement agencies

31. Computer Forensics and Cyber Crime, 3rd ed.
Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc.
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International EffortsVirtual 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
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International EffortsUnited Nations’ Convention against
Transnational Organized Crime (UNCATOC) (2000).
Association of Southeast Asian Nations' (ASEAN) shared
interest in training, criminal legislation and international
collaboration
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ConclusionsRecognition 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

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