1. OVERVIEW OF COMPUTER CRIME LEGISLATION IN HAWAII
CHRISTOPHER D.W. YOUNG
Deputy Attorney General
Financial Investigations Unit
(808)
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2. Why should you be concerned about cyber-crime?

3. 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:
million users
1998 – 100 million users
2000 – 300 million users
2009 – 1.9 billion users
50% of US households are online

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

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

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

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

8. CSI/FBI 2000 COMPUTER CRIME AND SECURITY SURVEY
643 Responses – 273 organizations reported $265,589, 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

9. 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

10. 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

11. 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!

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

13. 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.

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

15. 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)

16. 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.

17. 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.

18. 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)

19. FORFEITURE OF PROPERTY

20. 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.

21. 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)

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

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

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

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

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

27. Deputy Attorney General Financial Investigations Unit
CHRISTOPHER D.W. YOUNG
Deputy Attorney General
Financial Investigations Unit
(808)