Paralegal Guide: Cyber Crime

Cyber crime is the use of computers and the cyberspace infrastructure to engage in any kind of illegal activity. Between 2009 and 2011 there has been a steady increase in nearly all forms of cyber crime. Activities that constitute cyber crime include downloading copyright-protected material like music and movies, identity theft, stealing money from bank accounts, stealing personal information such as credit card and info, the creation and distribution of viruses and releasing confidential business information and intellectual property.

• Phishing and pharming – using website copies that look legitimate to trick people into entering their personal information. Phishers send out mass emails that pretend to be from the business whose website they are imitating. These emails urge ‘customers’ to click on a link within the email that will take them to the website so they can update their information or complete some other task. The link goes to the imitation site and records the information entered. The information is then either used to access the victim’s accounts or sold on to another criminal. Pharming relies on the same technique but, instead of baiting victims, pharmers set up redirects to their imitation sites, so that whatever path a user takes to get to the website, they will be redirected without knowing.
• Network intrusion – hacking into the networks of companies or corporations and stealing information, which can include client and customer information. This can even be done from a wireless connection, sitting in a car in the company’s parking lot.
• Trojan Horses – A keylogging trojan horse will automatically install itself into your system. It remains dormant until you unwittingly activate it by visiting one of a particular set of websites. Then it records a certain number of keystrokes you make after activation, which typically include login and password information, then send the data to the attacker, usually via IRC (internet relay chat).

General Information Resources

Below are several resources for learning about cyber crime, legislation on cyber crime and the global responses.

Cybercrime.gov – latest news on cyber crime from around the world
Cybercrime.gov – database of computer crime cases
Computer Hacking and Intellectual Property Program – news, information and Computer and Telecommunications Coordinator Program
The G8 Sub-Group on High-Tech Crime – documents, ministers attending, joint communique, press conference
Council of Europe Convention on Cyber crime – Fact sheet and FAQ
Federal Bureau of Investigation – Cyber crimes unit’s key priorities, initiatives and partnerships, cases and takedowns, wanted list, cyber threats and scams, protections and other links.
National Strategy to Secure Cyberspace – a White House-issued document detailing U.S. policy and strategy for protecting the cyberspace infrastructure.
United States Secret Service Electronic Crimes Task Forces and Working Groups – mandated by the 2001 Patriot Act to establish a national network of task forces involving federal, state and local law enforcement as well as prosecutors, academia and private industry for the protection of the nation’s financial and other critical infrastructure.
2010 Annual Internet Crime Report – from the Internet Crime Complaint Center.
Norton by Symantic offers useful information on different kinds of cyber crimes.
CyberCrime Law – resource site, with papers and latest news on cyber crime law, as well as a look at the laws, organizations and investigations governing and surrounding cyber crime.
Proposal for an International Criminal Court or Tribunal for Cyberspace – in pdf form.
Computer Crime Research Center – news, articles, analysis, interviews and legislation information.
Interpol – Information Technology Crimes working groups – information on each of Interpol’s regional expert groups working to combat cyber crime.

Prosecuting Cyber crime

Cyberspace, and therefore cyber crime, is historically new. The legal system is currently operating to prosecute cyber criminals under legal codes that don’t always conform to the needs of prosecutors. In fact, more than 100 nations still do not have any legal codes that pertain directly to cyber crime, and there is no international governing body to aid in the finding, capture and prosecution of transnational cyber criminals. In the United States, several cases and convictions have set precedents, but a more detailed set of codes specifically for this type of illegal activity remains to be put into place to carry into the future.

The following is a list of United States legal codes pertaining to cyber crime, and where to find them.

• 18 U.S.C. 1028.  Fraud and related activity in connection with identification documents, authentication features, and information
• 18 U.S.C. § 1029.  Fraud and Related Activity in Connection with Access Devices
• 18 U.S.C. § 1030.  Fraud and Related Activity in Connection with Computers

Find all the above here

• 18 U.S.C. § 1362  Communication Lines, Stations, or Systems here
• 18 U.S.C. § 2510 et seq.  Wire and Electronic Communications Interception and Interception of Oral Communications here
• 18 U.S.C. § 2701 et seq.  Stored Wire and Electronic Communications and Transactional Records Access here
• 18 U.S.C. § 3121 et seq. Recording of Dialing, Routing, Addressing, and Signaling Information here

Prosecution of Cyber crime Resources

Prosecuting Computer Crimes Manual – this takes you to a page of the Cyber crime.gov website where you can download a pdf version of the manual.
Federal Criminal Code related to computer intrusions – a list of links to each of these codes.

United States Sentencing Commission – sentencing guideline manual, amendments and archives, including U.S.S.G. § 2B1.1, the provision applicable for most cyber crime cases.

GPO Access – searchable database of U.S. legal codes
Prosecuting Intellectual Property Crimes Manual – searchable online, or download as a pdf
Cybercrime Laws from Around the World – links to descriptions of cyberspace laws by country.
A Global Treaty on Cyber security and Cyber crime – a proposal that the United Nations adopt treatment of cyber crimes in international law, and looks at cyberspace as the fifth common domain after land, air, sea and outer space.
Cybercrime Investigation and Prosecution – paper on the role of penal and procedural law
Information Policy – this is an article about cyber jurisdiction and the need for international cooperation and coordination in finding and prosecuting cyber criminals.