OVERVIEW OF COMPUTER CRIME LEGISLATION IN HAWAII CHRISTOPHER D.W. YOUNG Deputy Attorney General Financial Investigations Unit (808)586-1160 cdwy@yahoo.com DO NOT COPY OR REPRODUCED INFORMATION CONTAINED IN THIS PRESENTATION WITHOUT PRIOR WRITTEN CONSENT OF THE AUTHOR!

Why should you be concerned about cyber-crime?

INTERNET ACCESS 95% of schools and 50% of all classrooms have Internet access There are now over 300 million Internet users, over 140 million in the USA alone Consider how quick growth: 1994- 1 million users 1998 – 100 million users 2000 – 300 million users 2009 – 1.9 billion users 50% of US households are online

WEB SITES # of web sites 1993 = 5,000 web sites 2000 = 1+ billion web sites 2001 = 3+ billion web sites

E-MAIL Most popular online activity Used by 85% of homes connected to Internet 333.5 million e-mail accounts E-mail messages sent: 1994 = 777 million 1997 = 618 billion 1998 = 2.6 trillion 1999 = 5.3 trillion 2000 = 6.8 trillion

ISP – AMERICA ONLINE 23 million US members 3 million International members 1,602,000 Simultaneous Users 120 million e-mails sent per day 173 million e-mails received per day 6 billion web hits per day 245 million stock quotes per day

B2B Online Sales Will grow faster than online retail sales Billions spent each year: 1998 = $5.1 billion 2000 = $12 billion 2002 = $327 billion

CSI/FBI 2000 COMPUTER CRIME AND SECURITY SURVEY 643 Responses – 273 organizations reported $265,589,000.00 in financial losses (proprietary info./financial fraud). 90% detected computer security breaches; 70 % reported serious breaches – viruses, laptop theft, net abuse; 74% acknowledged financial losses

Internet Fraud Complaint Center Between May 8 & Sept. 27, 2000, 15,295 complaints within the US Average of $700 loss Total losses: $10,706,500 Auction fraud (48%) tops the list of frauds

THE COMPUTER HAS BECOME THE TOOL OF CHOICE FOR THE NEW MILLENNIUM What must we do to protect the resources of our organizations? Awareness (education and training); Update Legislation to address new problems created by new technology; and Impose criminal sanctions

Awareness Signed/Specific user agreements Majority of intrusions/damage come from an insider! Update security measures regularly Routine back-ups Hold people accountable Create paper trail!

Updated Legislation HB 425 – 1st revision in 10 years Makes following acts criminal:

Computer Fraud 1: Knowingly, w/intent to defraud, access computer without authorization and obtain control over property of another (B FELONY) Defense: object of fraud and property obtained consists only of the use the computer, value <$300 in one year.

Computer Fraud 2 Knowingly, w/intent to defraud, transfers or disposes to another any password or similar information (C FELONY)

Computer Damage 1 Knowingly, Causes the transmission of a program, information, code or command, Thereby knowingly causes unauthorized computer damage to a computer, system or network OR Intentionally, Accesses a computer, system or network, Without authorization, And thereby knowingly causes damage. (B FELEONY)

Damage = loss aggregating at least $5000 in any one year period Modification or impairment of medical record Result in physical injury Threaten public health safety Impair the administration of justice.

Computer Damage 2 Knowingly, access computer, without authorization and recklessly causes damage. (C FELONY) Damage = any impairment to the integrity or availability of data, program, system, network, or computer services.

Use of Computer in the Commission of a Separate Felony Knowingly, Uses a computer to, Identify, select, solicit, persuade, coerce, entice, induce, or procure the victim or intended victim of Custodial interference, sexual assault, child abuse, child pornography (one class or grade higher than offense)

FORFEITURE OF PROPERTY

JURISDICTION A person who causes, by any means, the access of a computer, system, or network in one jurisdiction from another jurisdiction is deemed to personally accessed the computer, system or network in each jurisdiction.

Unauthorized Computer Access 1 Knowingly, Accesses a computer, system or network, Without authorization, Obtains information and Offense committed for purpose of financial gain, or Value of information <$5000, or Statute or rule protects against unauthorized disclosure (B FELONY)

Unauthorized Computer Access 2 Knowingly, Accesses a computer, system or network, Without authorization, and Obtains information (C FELONY)

Unauthorized Computer Access 3 Knowingly, Accesses a computer, system or network, Without authorization (Misdemeanor)

Statute of Limitations Felony = 3 years 5 years after it is committed.

Commission on Computer Crimes Laws First meeting by Sept. 1, 2001 Report due 2003 session.

Successful Prosecution Prompt reporting Electronic/Paper trail Banner warnings Signed and updated user agreements Document losses

Deputy Attorney General Financial Investigations Unit CHRISTOPHER D.W. YOUNG Deputy Attorney General Financial Investigations Unit (808)586-1160 cdwy@yahoo.com