Fighting Cybercrime After \u3cem\u3eUnited States v. Jones\u3c/em\u3e

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus on the technologies that make collecting and aggregating large quantities of information possible. In those efforts, we focused on reasonable expectations held by “the people” that they will not be subjected to broad and indiscriminate surveillance. These expectations are anchored in Founding-era concerns about the capacity for unfettered search powers to promote an authoritarian surveillance state. Although we also readily acknowledged that there are legitimate and competing governmental and law enforcement interests at stake in the deployment and use of surveillance technologies that implicate reasonable interests in quantitative privacy, we did little more. In this Article, we begin to address that omission by focusing on the legitimate governmental and law enforcement interests at stake in preventing, detecting, and prosecuting cyber-harassment and healthcare fraud

Digital Forensics in Law Enforcement: A Needs Based Analysis of Indiana Agencies

Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement officers and prosecuting attorneys, and the ability of prosecuting attorneys to pursue and obtain convictions in cases involving digital evidence. The results support the recommendation that a comprehensive resource guide is needed, as standard operating procedures are lacking, and law enforcement is unaware of available training courses and resources

The United States approach to the investigation and prosecution of cybercrime and cryptocurrency crime

This paper is primarily a compendium of various documents published by the United States (U.S.) Government and will provide an overview of the U.S. approach to the investigation and prosecution of cybercrime, i.e. those crimes that use or target computer networks, which we interchangeably refer to as computer crime. It should also be noted that this paper will address the approach to investigating and prosecuting cybercrime at the federal level and not the state or local level. The paper will first provide an overview of the several specialized investigation and prosecution units established within the U.S. that have been created or formed to address this issue. Next, it will provide an explanation to some of the specialized task forces and cybercrime programs established by the U.S. Government which aim to deliver training and technical assistance to foreign law enforcement, prosecutorial, and judicial partners to combat cybercrime activity. The primary U.S. cybercrime legislation will be summarized, including the laws governing the search and seizure of computers and obtaining electronic evidence in U.S. criminal investigations, the Stored Communications Act/Electronic Communications Privacy Act (SCA/ECPA), the U.S. Federal Rules of Evidence (FRE) 902 (13-14) and the Computer Fraud and Abuse Act (CFAA). Finally, the paper will cover the U.S. approach to cryptocurrency related crime and the U.S. Government’s approach to seizure and forfeiture of digital assets and sentencing

PRISTUP SJEDINJENIH AMERIČKIH DRŽAVA ISTRAZI I PROGONU KIBERNETIČKOG KRIMINALA I KRIMINALA POVEZANOG S KRIPTOVALUTAMA

This paper is primarily a compendium of various documents published by the United States (U.S.) Government and will provide an overview of the U.S. approach to the investigation and prosecution of cybercrime, i.e. those crimes that use or target computer networks, which we interchangeably refer to as computer crime. It should also be noted that this paper will address the approach to investigating and prosecuting cybercrime at the federal level and not the state or local level. The paper will first provide an overview of the several specialized investigation and prosecution units established within the U.S. that have been created or formed to address this issue. Next, it will provide an explanation to some of the specialized task forces and cybercrime programs established by the U.S. Government which aim to deliver training and technical assistance to foreign law enforcement, prosecutorial, and judicial partners to combat cybercrime activity. The primary U.S. cybercrime legislation will be summarized, including the laws governing the search and seizure of computers and obtaining electronic evidence in U.S. criminal investigations, the Stored Communications Act/Electronic Communications Privacy Act (SCA/ECPA), the U.S. Federal Rules of Evidence (FRE) 902 (13-14) and the Computer Fraud and Abuse Act (CFAA). Finally, the paper will cover the U.S. approach to cryptocurrency related crime and the U.S. Government’s approach to seizure and forfeiture of digital assets and sentencing.Ovaj je rad prije svega sažetak različitih dokumenata koje je objavila Vlada Sjedinjenih Američkih Država (SAD) i pružit će pregled načina na koji SAD pristupa istrazi i progonu kibernetičkog kriminala, tj. onim kaznenim djelima koja se koriste računalnim mrežama ili su usmjerena protiv njih, a koja još nazivamo i računalnim kriminalom. Rad je pritom usmjeren na objašnjavanje istrage i progona kibernetičkog kriminala na federalnoj razini u SAD-u, a ne na državnoj ili lokalnoj. Najprije će biti iznesen pregled nekoliko specijaliziranih istražnih i tužiteljskih jedinica u SAD-u koje su uspostavljene upravo u svrhu borbe protiv kibernetičkog kriminala. Nadalje će biti objašnjene neke od specijaliziranih operativnih skupina i programa vezanih uz kibernetički kriminal koje je uspostavila Vlada SAD-a, a cilj im je pružanje obuke i tehničke pomoći međunarodnim partnerima u pravosudnom sustavu radi jačanja zajedničke borbe protiv kibernetičkog kriminala. U radu će također biti izloženo najvažnije zakonodavstvo SAD-a u području kibernetičkog kriminala, uključujući i zakone koji uređuju pretragu i oduzimanje računala, pribavljanje digitalnih dokaza u kaznenim istragama SAD-a, odredbe Zakona o pohrani komunikacija/Zakona o privatnosti elektroničkih komunikacija, Federalna pravila SAD-a o dokazima te Zakon o računalnoj prijevari i zlouporabi. Konačno, rad će pokriti i pristup SAD-a istrazi i progonu kriminala povezanog s kriptovalutama, kao i pristup Vlade SAD-a oduzimanju kriptovaluta te načinu određivanja kazne u kaznenom postupku

Cybercrime Pervasiveness, Consequences, and Sustainable Counter Strategies

As our connectivity and dependency on technology increases, so does our vulnerability. Technology has provided not only new tools, but also new opportunities for criminals in the digital world. The abuse of new technologies has been threatening economic and Jinancial security and actually devastating the lives of affected indivicluals. In Nigeria, cybercrime has recorded mostly foregin-based individuals and organizations as victims thereby getting Nigeria ranked among the nations with notorious pemasiveness of high-tech crimes. Indeed, adequately formulating a strategy to contain the menace of cybercrime presents aformidable challenge to law enforcement. This paper x-rays noted instances of cybercrime pervasiveness, its devastating consequences, and up-to-date countermeasures in Nigeria It develops an enforceable/sustainable framework to determine how critical infrastructures are put at risk snd how law enforcement should react in responding to the threats

Digital Forensics in Law Enforcement: A Needs Based Analysis of Indiana Agencies

Cyber crime is a growing problem, with the impact to both businesses and individuals increasing exponentially, but the ability of law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments were conducted in the late 1990’s and early 2000’s by the Department of Justice (DOJ) and the National Institute of Justice (NIJ), which all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations (Institute for Security and Technology Studies [ISTS], 2002; NIJ, 2004). Additionally, there have been some studies conducted at the state level, however, to date, none have been conducted in Indiana (Gogolin & Jones, 2010). A quick search of the Internet located multiple training opportunities and publications that are available at no cost to state and local law enforcement, but it is not clear how many agencies use these resources (“State, Local, & Tribal” for FLETC, n.d.; https://www.ncfi. usss.gov). This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate when a crime that involves digital evidence is alleged to have occurred, the availability of training for both law enforcement officers and prosecuting attorneys, and the ability of prosecuting attorneys to pursue and obtain convictions in cases involving digital evidence. Through an analysis of the survey responses by Indiana law enforcement agencies and prosecutors’ offices, it is evident that Indiana agencies have improved their ability to investigate crimes with digital evidence, with more than half with employees on staff who have attended a digital forensic training course within the past five years. However, a large majority of the agencies still perceive their abilities to investigate crimes with digital evidence in the mid-range or lower. The results support the recommendation that a comprehensive resource guide needs to be made available that the agencies can use to locate experts, obtain assistance with standard operating procedures, learn about free training courses, and find funding opportunities to increase their capabilities in investigating crimes involving digital evidence

National plan to combat cybercrime

Australia is a highly connected country - technology and the internet are crucial to Australia\u27s way of life. However, while the potential of the internet and digital economy is clearly a massive opportunity for Australia, it is also quickly emerging as a key enabler for criminal activity. In Australia, the term \u27cybercrime\u27 is used to describe both: crimes directed at computers or other information communications technologies (ICTs) (such as hacking and denial of service attacks) and crimes where computers or ICTs are an integral part of an offence (such as online fraud, identity theft and the distribution of child exploitation material). Responsibility for combating the different forms of cybercrime in Australia is shared between Australian Government agencies state and territory agencies. All jurisdictions have criminal laws directed at the various forms of cybercrime. The Australian Attorney-General\u27s Department has led the development of a National Plan to Combat Cybercrime, in consultation with Australian Government agencies, state and territory agencies

Cybercrime: Public and Private Entities Face Challenges in Addressing Cyber Threats

A letter report issued by the Government Accountability Office with an abstract that begins "Computer interconnectivity has produced enormous benefits but has also enabled criminal activity that exploits this interconnectivity for financial gain and other malicious purposes, such as Internet fraud, child exploitation, identity theft, and terrorism. Efforts to address cybercrime include activities associated with protecting networks and information, detecting criminal activity, investigating crime, and prosecuting criminals. GAO's objectives were to (1) determine the impact of cybercrime on our nation's economy and security; (2) describe key federal entities, as well as nonfederal and private sector entities, responsible for addressing cybercrime; and (3) determine challenges being faced in addressing cybercrime. To accomplish these objectives, GAO analyzed multiple reports, studies, and surveys and held interviews with public and private officials.

Underground web: the cybercrime challenge

The two papers in this Special Report examine the central role that cybercrime plays in modern society and how technological developments create new opportunities for criminals to exploit. Overview Calum Jeffray’s paper, Caught in the net: the law enforcement response to international cybercrime, surveys the strategic cybercrime landscape and illustrates that, despite calls for law enforcement to ‘do more’ to prevent and investigate cybercrime, the agencies involved are often hampered in acting due to jurisdictional issues or the complexity of the investigations. Tobias Feakin’s paper, Cryptomarkets—illicit goods in the darknet, examines the emergence of the ‘darknet’, where trading in illicit goods and services in online black markets has become increasingly commonplace and exacerbates the problems that law enforcement already faces—tracing and prosecuting illegal activities online. This Special Report includes a foreword by Australian Federal Police Commissioner Andrew Colvin

A historical-legal analysis of search and seizure of electronic records for the prosecution of financial crimes in South Africa

Crime has been around since the beginning of time. In an evolving society, and the methodology of crime also changes. The methodology of combating and preventing crime should aim to match the speed at which crime occurs. Criminal procedure deals with the powers of the police to investigate crimes.1 The Criminal Procedure Act 51 of 1977 (CPA) contains the principles of search and seizure in chapter 2. The promulgation of the CPA was during a period where the computer was a new phenomenon. At this time, it was inconceivable that technology would ever advance and become so ubiquitous, to the point that technology would infiltrate every aspect of our lives, and laws. There has since been many developments in our law, especially a new Constitutional dispensation.2 There have been developments and technological advancements that have had a direct and indirect bearing on the CPA. People use technology to communicate, transact, and unfortunately, to commit crime. These developments require there to be amendments in the CPA. There has been no specific amendments relating to search and seizure which are of significance in addressing technological advances. It is recommended that the amendments to the CPA include definitions and guidelines for procedural aspects of collection of electronic evidence.Criminal and Procedural LawLL. M. (Criminal and Procedural Law