1.1.

Introduction to Traditional Computer Crime

Computer crime is any criminal offense, activity or issue that involves computers. Computer
misuse tends to fall into two categories. Computer is used to commit a crime. Computer
itself is a target of a crime. Computer is the victim. Computer Security Incident. Computer
Incident Response.
 Computer Forensics involves the preservation, identification, extraction,
documentation and interpretation of computer data
 Computer Forensics is the application of science and engineering to the legal problem
of digital evidence. It is a synthesis of science and law.
 Computer forensics, still a rather new discipline in computer security, focuses on
finding digital evidence after a computer security incident has occurred.

The goal of computer forensics is to do a structured investigation and find out exactly what
happened on a digital system, and who was responsible for it.

Introduction

 The introduction of the Internet has created unparalleled opportunities for commerce,
research, education, entertainment, and public discourse. A global marketplace has emerged,
in which fresh ideas and increased appreciation for multiculturalism have flourished.

 The introduction of computerized encyclopedias, international consortia, worldwide

connectivity, and communications has greatly enhanced quality of life for many individuals.

 Indeed, the Internet can be utilized as a window to the world, allowing individuals to
satiate their curiosity and develop global consciousness. It allows individuals to experience
those things that they have only dreamed about.

 Interested parties can visit the Louvre, devouring priceless artifacts at their leisure or take
an African safari without the heat or mosquitoes. They can find answers to the most complex
legal or medical questions or search for their soul mates.

They can download coupons for their favorite restaurants or search for recipes to their
favorite dishes.

 In addition, individuals, corporations, public organizations, and institutions can more

effectively advertise their products or services, using graphically highlighted information
and providing links to supplemental information or support.
 In fact, computerized access to unprecedented information has cut across traditional
boundaries of communication.
1.2. Traditional problems associated with Computer Crime

The physical environment that breeds computer crime is far different from traditional venues. In
fact, the intangible nature of computer interaction and subsequent criminality poses significant
questions for investigative agents. The lack of physical boundaries and the removal of traditional
jurisdictional demarcations allow perpetrators to commit multinational crime with little fear (or
potential) of judicial sanctions. For the first time, criminals can cross international boundaries
without the use of passports or official documentation. Whereas traditional criminal activity
required the physical presence of the perpetrators, cybercrime is facilitated by international
connections that enable individuals to commit criminal activity in England while sitting in their
offices in Alabama. In addition, electronic crime does not require an extensive array of
equipment or tools.

Perceived Insignificance, Stereotypes, and Incompetence

 Investigators and administrators have displayed great reluctance to pursue computer

criminals.

 A lack of knowledge coupled with general apathy toward cyber criminality has resulted in an
atmosphere of indifference.

 Many stereotype computer criminals as nonthreatening, socially challenged individuals (i.e.,

nerds or geeks) and fail to see the insidious nature of computer crime;

 In addition, those administrators and investigators who grudgingly admit the presence and
danger of electronic crime tend to concentrate exclusively on child pornography, overlooking
motivations and criminal behaviors apart from sexual gratification.

 Even in situations where law enforcement authorities recognize the insidious nature of
computer or cybercrime, many do not perceive themselves or others in their department to be
competent to investigate such criminal activity.

Prosecutorial Reluctance

 As media focus has increasingly highlighted the dangers of cyberspace, including those
involving cyber bullying and child exploitation, public awareness has heightened an urgency to
protect children’s virtual playgrounds.
 In response, federal and state resources have often been allocated to fund specialized units to
investigate and prosecute those offenses which affect the safety of American children.

 For example, the Federal Bureau of Investigation maintains a partnership with the Child
Exploitation and Obscenity Section of the Department of Justice.

 This organization is composed of attorneys and computer forensic specialists who provide
expertise to U.S. Attorney’s Offices on crimes against children cases.

Lack of Reporting

 The number of reported incidents handled by Carnegie-Mellon University’s Computer

Emergency Response Team (CERT) has increased threefold, from 24,097 in 2006 to 72,065 in
2008.13 In their annual survey, CSO Magazine (in conjunction with the U.S. Secret Service;
CERT, and Deloitte) reported that 58 percent of the organizations surveyed perceived themselves
to be more prepared to prevent, detect, respond to, or recover from a cybercrime incident
compared to the previous year.

 However, only 56 percent of respondents actually had a plan for reporting and responding to a
crime.14 In 2011, it was reported that over 75 percent of all insider intrusions were handled
internally without notification of authorities.

 Underreporting on the part of businesses and corporations may be attributed to a variety of

reasons, but perhaps the most common are exposure to financial losses, data breach liabilities,
damage to brand, regulatory issues, and loss of consumer confidence.

 Contemporary society, characterized by increased reliance on paperless transactions, demands

assurances that the company’s infrastructure is invulnerable and that confidential information
remains inviolate.

Lack of Resources

 Computer intrusions have proven to be problematic within the corporate world, such
institutions’ unwillingness or inability to effectively communicate with judicial authorities has
led to an increase in computer crime.

 Unfortunately, law enforcement and corporate entities desperately need to cooperate with one
another.

 Unlike their civil service counterparts, the business communities have the resources (both
financial and legal) necessary to effectively combat computer crimes.
 First, these companies, through their system administrators, have far more leeway in
monitoring communications and system activities, and they have the ability to establish policies
which enable wide-scale oversight.

Jurisprudential Inconsistency

 Unfortunately, the Supreme Court has remained resolutely averse to deciding matters of law in
the newly emerging sphere of cyberspace.

 They have virtually denied cert on every computer privacy case to which individuals have
appealed and have refused to determine appropriate levels of Fourth Amendment protections of
individuals and computer equipment.

 This hesitation has become even more pronounced with the emergence of wireless
communications, social networking sites, and smart phones.

 As such, obvious demarcations of perception, application, and enforcement of computer crime

laws vary widely across the country, and a standard of behavior in one jurisdiction may
supersede or even negate legal standards in another.

 Traditionally, trial and appellate courts evaluated the constitutionality of computer crime
statutes, searches, and investigations through the lens of the First and Fourth Amendment.

 Evaluating appropriate boundaries for free speech and establishing standards of

reasonableness have varied across state and federal rulings, and an inconsistent patchwork of
guidelines has resulted.