1. Computer Forensics Law & Privacy © Joe Cleetus Concurrent Engineering Research Center, Lane Dept of Computer Science and Engineering, WVU

2. 2 Overview Computer Crime Laws Policy and Procedure Search Warrants Case Law Intellectual Property Protection Privacy Ethics

3. 3 Computer Crime What is Computer Crime? –Criminal activity directly related to the use of computers, specifically illegal trespass into the computer system or database of another, manipulation or theft of stored or on-line data, or sabotage of equipment and data. –Criminal activity can also comprise the use of computers to commit other kinds of crime: harrassment, scams, hate crimes, fomenting terrorism, etc

4. 4 Computer Crime What is a Computer Crime? –Stealing trade secrets from a competitor –Extortion –Use of a packet sniffer to watch instant messaging conversations

5. 5 Federal Computer Crime Laws 4 th Amendment Computer Fraud and Abuse Act of 1986 Electronic Communications Privacy Act of 1986

6. 6 Federal Computer Crime Laws Electronic Espionage Act of 1996 Communications Decency Act 1996 Child Pornography Prevention Act Digital Millennium Copyright Act of 1998 COPPA - Children's Online Privacy Protection Act HIPAA - Health Insurance Portability And Accountability Act Access Device Fraud USA Patriot Act

7. 7 State Computer Crime Laws Computer crime laws are state-specific

8. 8 Case Law What is case law? –“Created” by the rulings of judges on court cases Importance of case law? –Very few laws governing current and emerging technologies –Precedents set by case law often become legislative law

9. Computer Fraud and Abuse Act

10. 10 Computer Fraud and Abuse Act 15 USC §1644 - Fraudulent use of credit cards; penalties 18 USC §1029 - Fraud and related activity in connection with access devices 18 USC §1030 - Fraud and related activity in connection with computers 18 USC §1343 - Fraud by wire, radio, or television 18 USC §1361-2 - Prohibits malicious mischief

11. 11 15 USC §1644 Use, attempt or conspiracy to use card in transaction affecting interstate or foreign commerce Transporting, attempting or conspiring to transport card in interstate commerce Use of interstate commerce to sell or transport card Furnishing of money, etc., through use of card

12. 12 Crimes and Penalties Whoever in a transaction affecting interstate or foreign commerce furnishes money, property, services, (>$1,000) shall be fined not more than $10,000 or imprisoned not more than ten years, or both

13. 13 18 USC §1029 Counterfeit access devices Telecommunications instrument modified to obtain unauthorized use of telecommunications services. Fraudulent transactions using credit cards Use of scanning receiver

14. 14 Crimes and Penalties Forfeiture to the United States of any personal property used or intended to be used to commit the offense Fine under this title or imprisonment for not more than 20 years, or both.

15. 15 18 USC §1030 Accesses a computer without authorization to obtain restricted data. Without authorization accesses Federal computers Conduct fraud and obtains anything of value on such computers Traffics in passwords or similar information

16. 16 Crimes and Penalties The United States Secret Service has authority to investigate offenses Forfeiture of any personal property used or intended to be used to commit the offense Fine under this title or imprisonment for not more than 20 years, or both.

17. 17 18 USC §1343 Fraud by means of wire, radio, or television communication in interstate or foreign commerce, Transmission of digital or analog data in such fraud

18. 18 Crimes and Penalties Fine under this title or imprisonment not more than five years, or both. If the violation affects a financial institution, fine of $1,000,000 or imprisonment of 30 years, or both

19. 19 18 USC §1361-2 Prohibiting malicious mischief Computer hacking/website defacement

20. 20 Actual Crimes Many cases have been prosecuted under the computer crime statute, 18 U.S.C. § 1030 (unauthorized access). A few recent sample press releases from actual cases are available via links below: Kevin Mitnick Sentenced to Nearly Four Years in Prison; Computer Hacker Ordered to Pay Restitution to Victim Companies Whose Systems Were Compromised (August 9, 1999) Source: http://www.usdoj.gov/criminal/cybercrime/compcrime.html http://www.usdoj.gov/criminal/cybercrime/compcrime.html

21. 21 Actual Crimes Former Chief Computer Network Program Designer Arraigned for Alleged $10 Million Computer "Bomb" Juvenile Computer Hacker Cuts off FAA Tower At Regional Airport -- First Federal Charges Brought Against a Juvenile for Computer Crime Source: http://www.usdoj.gov/criminal/cybercrime/compcrime. html http://www.usdoj.gov/criminal/cybercrime/compcrime. html

22. 22 Sample Cases http://www.daviddfriedman.com/Academic/Course_Pages/21st_cen tury_issues/21st_century_law/computer_crime_legal_01.htm http://www.daviddfriedman.com/Academic/Course_Pages/21st_cen tury_issues/21st_century_law/computer_crime_legal_01.htm http://www.law.emory.edu/11circuit/june2000/99-12723.opn.html http://www.usdoj.gov/criminal/cybercrime/cccases.html http://www.usdoj.gov/criminal/cybercrime/garciaArrest.htm http://www.usdoj.gov/criminal/cybercrime/jiangIndict.htm http://www.usdoj.gov/criminal/cybercrime/schellersent.htm http://www.usdoj.gov/criminal/cybercrime/usamay2001_2.htm

23. 23 References US Department of Labor / Office of Administrative Law Judges www.oalj.dol.gov/faq19.htm - Supoena Form Cyberlaw: Problems of Policy and Jurisprudence in the Information Age – Patricia L. Bellia, Paul Schiff Berman, David G. Post, Thomson/West 2003 4 th Amendment http://caselaw.lp.findlaw.com/data/constitution/amendment04/ IEEE Code of Ethics http://www.ieee.org/portal/index.jsp?pageID=corp_level1&path=about/whatis&file=co de.xml&xsl=generic.xsl http://www.ieee.org/portal/index.jsp?pageID=corp_level1&path=about/whatis&file=co de.xml&xsl=generic.xsl COPS.org Code of Ethics http://www.cops.org/ethics.htm http://www.cops.org/ethics.htm Court Order http://www.wordiq.com/definition/Court_order http://www.wordiq.com/definition/Court_order