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Chapter Three History of Crime and Computer Crime Computer Forensics and Cyber Crime Britz Chapter Three History of Crime and Computer Crime Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Introduction & Traditional Problems • Criminals have proven to be remarkably innovative. • The Introduction & Traditional Problems • Criminals have proven to be remarkably innovative. • The question of vicinage has not been resolved by the court. Thus, both investigative units and prosecutorial teams have not been effective. • Anonymizer sites – those sites which are designed to mask the identity of a user Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Recognizing & Defining Computer Crime • First computer crime – really unknown – as Recognizing & Defining Computer Crime • First computer crime – really unknown – as no written or formal communications were en vogue at the time – certainly had to be theft or destruction of an abacus • First documented case: – early 19 th Century – the sabotage of a computer system developed by textile manufacturer, Joseph Jacquard. – This machine, designed to introduce automated tasks, was attacked by individuals fearful of losing employment to computers. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Three Incidents • • Prior to the 1980 s, computer crime was considered a Three Incidents • • Prior to the 1980 s, computer crime was considered a non-issue. However, three incidents shook American complacency to its core. 1) Compromising of Milnet 2) The Morris Worm 3) Crash of AT&T Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Compromising of Milnet (1986) • Berkley – maintained sensitive military info as part of Compromising of Milnet (1986) • Berkley – maintained sensitive military info as part of Arpanet • Soviet employed German hacker hacks and steals sensitive information • Discovered by a bean counter who investigated the loss of less than one dollar! • Immediately after discovery, Internet security and data protection became a top priority Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

The Morris Worm (1988) • Robert Morris – Cornell University student – son of The Morris Worm (1988) • Robert Morris – Cornell University student – son of a government agent • Created a worm to impress his friends, but did not recognize the potentiality for destruction • Attempted to warn victims – instructing them on how to remove the worm prior to massive destruction • Too late – caused millions of dollars in damage and crippled 10% of all computers connected to the Internet • First person convicted under the new Computer Fraud and Abuse Act • Sentenced to 3 years probation and more than $10 K in fines Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

AT&T Crash(1989) • AT&T crashes due to their own failures • Blame shifted to AT&T Crash(1989) • AT&T crashes due to their own failures • Blame shifted to Legion of Doom • LEGION OF DOOM – Named after fictional circle of super-villians – Shamelessly promote themselves, brag of their exploits, and decry the use of force by government Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Contemporary Crimes • Traditionally, computer crime was comprised mainly of trafficking in stolen equipment Contemporary Crimes • Traditionally, computer crime was comprised mainly of trafficking in stolen equipment or falsification of records. • Although certain types of computer crime were possible prior to the introduction of cyberspace, the marriage of computer and telecommunications has resulted in an explosion of crime. • Many previously law-abiding citizens have been found guilty of computer crimes ranging from stalking to child pornography. • The lure of anonymity is largely to blame. • Contemporary hackers are increasing AND so is the danger they pose. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Hacking – Increasingly Dangerous • Computer dependency and communication globalization have been exploited by Hacking – Increasingly Dangerous • Computer dependency and communication globalization have been exploited by individuals, groups, and government hacking entities and have proven to be much more insidious. – Global Hell hacked the U. S. Department of the Interior, U. S. Army, the FBI, and the White House. – Global examples of lost medical data abound. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Categorizing Computer Crime – while exhaustive, the categories are not mutually exclusive • Means Categorizing Computer Crime – while exhaustive, the categories are not mutually exclusive • Means or Instrument • Target • Incidental Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Computer as a means • • • Phreaking and Telecom Crime Web-cramming ISP Jacking Computer as a means • • • Phreaking and Telecom Crime Web-cramming ISP Jacking Internet Scams Non-phreaking, neo-traditional crime Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Phreaking • the manipulation of telecommunications carriers to gain knowledge of telecommunications, and/or theft Phreaking • the manipulation of telecommunications carriers to gain knowledge of telecommunications, and/or theft of applicable services – OR – any activity that incorporates the illegal use or manipulation of access codes, access tones, PBX’s, or switches • initially perpetrated by individuals drawn to the challenge of cracking systems, especially those which claimed to be impenetrable, like DOD • Became a counterculture – in which conferences and bulletin boards were developed as platforms for braggarts (www. defcon. org) (www. Phrack. org) • Would build global telecommunications systems using other’s resources • Law enforcement was helpless to react due to an increase in predatory crime and inadequate resources Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Types of Phreaking • Theft of access codes • Manipulation of switches • Manipulation Types of Phreaking • Theft of access codes • Manipulation of switches • Manipulation of PBX’s (Private Branch Exchanges) Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Theft of Access Codes • Theft of access codes – bottom rung, requires no Theft of Access Codes • Theft of access codes – bottom rung, requires no technical expertise – especially popular in universities, military establishments, and traveling road crews • Has lost much of its popularity due to surveillance technology which can identify the use of war dialers. However, it is still popular among Third World immigrants in the United States. – Shoulder surfing – easiest method – War dialers – a bit more sophisticated Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Manipulation of switches – The Creation of Phreaking Boxes • Steven Jobs and Steve Manipulation of switches – The Creation of Phreaking Boxes • Steven Jobs and Steve Wozniak (the founders of Apple Computer) – created Blue Boxes which “tricked” switching systems into granting free access to long distance lines. • Phreakers and hackers see this type of behavior as harmless – but the phone company does NOT!! • Phone company sued Ramparts and successfully bankrupted the underground magazine for phreakers. • Blue Boxes are now obsolete due to digital switching. • 1980 s – AT&T developed ANI (Automatic Number Identification) tracing capabilities to combat phreakers Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Infamous Hacking and Phreaking Boards 8 BBS - One of the first hacking boards, Infamous Hacking and Phreaking Boards 8 BBS - One of the first hacking boards, 8 BBS, went online in March, 1980 and became especially popular on the West Coast. This group sponsored “Susan Thunder” and perhaps, most notably, “the Condor”. In fact, the Condor’s activities were so self-serving that his fellow hackers turned him in to the police (Much of his activities have reached epic proportions. Unfortunately, such propagation has all but obscured the truth of his criminal behavior). By all accounts, this board was not developed to facilitate criminal activities. However, some individuals attracted to the board could not resist the temptation to utilize their hacking skills for illicit purposes. The board was effectively shut down after it was discovered that some of its technology had been purchased via credit card fraud. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Hacking/Phreaking Boards Plovernet - East Coast hacking board, Plovernet, was owned and operated by Hacking/Phreaking Boards Plovernet - East Coast hacking board, Plovernet, was owned and operated by a teenage hacker who was known by the handle “Quasi Moto. ” -breeding ground for hacking groups like, Legion of Doom. (Lex Luthor, Lo. D founder, was at one time a co-sysop. 414 Private – hacking group of teenagers whose antics attracted national attention (some of the first), after they hacked into the Los Alamos military computers and Sloan-Kettering Cancer Center in 1982 ALTOS – considered in underground circles to represent the epitome of sophisticated, international hacking, ALTOS was originally formed in Bonn, Germany. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Phreaking – Making a Red Box Various Internet sites provide tutorials of how to Phreaking – Making a Red Box Various Internet sites provide tutorials of how to engage in hacking and phreaking, providing the essentials and instructing amateurs to avoid detection and prosecution – even includes instructions on how to make boxes for nefarious purposes A “Red Box”, one of the premier tools of phreaking, allows users to generate tones so that users can avoid toll charges. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Manipulation of PBX’s & voice mail systems • Able to hide and conceal themselves Manipulation of PBX’s & voice mail systems • Able to hide and conceal themselves in hidden and unallocated spaces • Involves infiltrating a private branch exchange system, mimicking the same system, and dialing across the world. Thus, the victim actually suffers twofold: intrusion and fraud. • Other methods involve regenerate (regurgitating) a dial tone through a PBX or voice mail system. • This method has been employed against Unisys and IBM!! No one is safe. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Evolving technology • All of these are disconcerting to telecommunication businesses. While some phreakers Evolving technology • All of these are disconcerting to telecommunication businesses. While some phreakers do it for the economic benefits, others do it for the challenge – proving their superiority by wreaking havoc on vulnerable systems • Many of these businesses actually offer money, and even jobs, to the perpetrators! • Yesterday’s phreakers are today’s hackers (or CEO’s). • Patrick Gregory, a founding member of Global Hell, pled guilty to one count of conspiracy for teleconferencing fraud and computer cracking. • Allegedly causing over $1. 5 million in damages to various U. S. corporations and government entities including the U. S. Army and the White House, his pleas included charges of stealing telephone conferencing services from AT&T, MCI, and Latitude Communications, and holding conference calls for over two years. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Call-sell operations • Organized crime groups have now entered the marketplace by utilizing call-sell Call-sell operations • Organized crime groups have now entered the marketplace by utilizing call-sell operations • Call-sell operations – pre-paid calls are sold on the street using stolen access or PBX codes • Cellular phones have also been targeted – due to the reprogrammable nature of cellular chips 1. used as a profit making enterprise 2. used to avoid wiretapping – making it especially popular among drug dealers and OC figures • Along with other illegal high tech products and services, illegal cell phones can be bought from the backs of cars and vans across the country. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Internet Scams – Phreakers as hackers Newly emerging patterns of telecommunications fraud include Web Internet Scams – Phreakers as hackers Newly emerging patterns of telecommunications fraud include Web cramming and ISP-Jacking, both of which are similar to the 1 -800 and 1 -900 scams of the late 80 s and early 90 s in which callers were not informed of per minute charges which were incurred for “free” phone services Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Web-cramming • Accomplished when criminals develop new Web pages for small businesses and non-profit Web-cramming • Accomplished when criminals develop new Web pages for small businesses and non-profit groups for “little” or “no expense”. While advertising their service as free, these criminals actually engage in unauthorized phone charges on their victims’ accounts. • Most common approach involves the use of “rebate checks. ” • These checks, when cashed, transferred the consumer’s ISP, placing monthly service charges on their telephone bill. • This activity is possible because telephone companies contract to provide billing and collection services for other companies that sell telecommunications-related services. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

ISP-Jacking • Involves disconnecting individuals users from their selected Internet Service providers and redirecting ISP-Jacking • Involves disconnecting individuals users from their selected Internet Service providers and redirecting them to illegitimate servers • In these cases, users are lured into downloading software which surreptitiously disconnects their chosen Internet service providers, silences their modem, and reconnects them to a remote server. • Increasingly common – has been largely overlooked in the U. S. • However, Canada’s RCMP’s have uncovered several international scams. • 1999 – RCMP uncovered a complicated scam in which Canadian users were rerouted through Moldova (a republic in the Soviet Union) and other international locations to Dallas, Texas resulting in thousands of dollars in long distance charges. • Their investigation shut down two Web sites (www. sexygirls. com and www. erotica 2000. com). • The success of these scams is largely attributed to the fact that no identifying or credit card information is requested – remember – charges are charged to the victim’s telephone bill. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Assorted Internet Fraud • Nigerian Advance Fee Scam Computer Forensics and Cyber Crime Britz Assorted Internet Fraud • Nigerian Advance Fee Scam Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Nigerian Advance Fee Scam • 6 steps to 4 -1 -9 scams – are Nigerian Advance Fee Scam • 6 steps to 4 -1 -9 scams – are identified and targeted through sources ranging from trade journals, professional directories, newspapers, etc. – individual or company receives e-mail from a “government or agency official” (such as a senior civil servant in one of the Nigerian ministries, like the Nigerian National Petroleum Corporation) – e-mail informs recipient that this government or agency is willing to transfer millions of dollars in “over invoiced contracts”, if: – recipient provides blank copies of letterhead, banking account information, and telephone/fax information (these letters, in turn, are used to seduce other victims – these are often used to obtain a travel visa from the American embassy – as the scam involves cultivating the trust of the recipient, more official documentation is received from the “government or agency” (i. e. , authentication letters with official looking stamps, government seals, or logos which support the claims) – once trust is obtained, up-front fees are requested for taxes, government bribes, attorney fees, or the like (Grennan, Britz, Rush & Barker, 2000). Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Other Nigerian Scams • Other Nigerian frauds · disbursement of money from wills · Other Nigerian Scams • Other Nigerian frauds · disbursement of money from wills · transfer of funds from over invoiced contracts · conversion of hard currency · purchase of real estate · contract fraud (C. O. D. for goods or services) · sale of crude oil at below market prices • more information Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Non-phreaking, neo-traditional crime (i. e. non-Internet crime) • Not all technologically advanced crime involves Non-phreaking, neo-traditional crime (i. e. non-Internet crime) • Not all technologically advanced crime involves the use of the Internet or electronic communications! Printing technologies, software capabilities, digital cameras, and the like have increased the sophistication of non-Internet criminal activity. Traditional methods of counterfeiting currency, defrauding financial institutions, viewing child pornography, and the like, have all been supplanted by more advanced approaches. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Fraud and Fraudulent Instruments • Fraud is everywhere – both online and off. • Fraud and Fraudulent Instruments • Fraud is everywhere – both online and off. • Even government entities have not proven to be immune to economically motivated electronic fraud. – The Veterans’ Affairs Administration, for example, was swindled for close to $50 K by an employee who directed funds to fictitious corporations which he had established just for this purpose (Andreano, 1999). – Marin County, California, Fire Chief Richard Mollenkopf electronically embezzled three-quarters of a million dollars. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Counterfeiting and Forgery • Counterfeiting and Forgery, the act of creating a fraudulent document Counterfeiting and Forgery • Counterfeiting and Forgery, the act of creating a fraudulent document and the act of falsifying a document with criminal intent, respectively, have been made far easier with the advent of high-level graphical software and hardware advancements. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Organized crime and forgery • As with other areas of computer crime, organized crime Organized crime and forgery • As with other areas of computer crime, organized crime groups have aggressively utilized such advances to create new modes of illegitimate enterprise. Many of these groups have successfully used computer programs not only to create fraudulent checks, but also to generate the forged signatures necessary for authentication. • In Long Beach, California, for example, members of the North Vietnamese Triads used computers to forge payroll checks against major banks in excess of $20 million. Criminals have also used these techniques to perfect counterfeit currency with high-end printers and scanners. Unfortunately, this method of counterfeiting is much easier than traditional methods which required the making of printing plates. In fact, even novice computer criminals can manufacture counterfeit currency with a minimal investment of time and expense. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Data Diddling • Data diddling - any method of fraud via computer manipulation • Data Diddling • Data diddling - any method of fraud via computer manipulation • data diddling usually refers to the deliberate manipulation of an existing program to redirect or reroute data representing monies or economic exchanges. This level of criminal activity is more sophisticated than the average counterfeiting scheme, and is extremely hard to recognize. With few exceptions, it is committed by company or government insiders who exceed their authorization, or by outsiders utilizing Trojan horses. PRENTICE HALL Computer Forensics and Cyber Crime Britz © 2004 Pearson Education, Inc.

Salami technique • Salami technique – the redirection of thin slices of accounts into Salami technique • Salami technique – the redirection of thin slices of accounts into a designated location • In this case, an individual preying on a systemic flaw which kept track of money to the 1/100 of a penny, redirected this infinitesimal amount into his personal bank account to the tune of several million dollars! Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

IP Spoofing • IP Spoofing – successfully mimic a victim’s computer identity • May IP Spoofing • IP Spoofing – successfully mimic a victim’s computer identity • May also be used to redirect Internet traffic • Domain name hijacking is accomplished by spoofing messages to domain name registrars like Network Solutions. – Has been used against Nike Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Securities Fraud • Day traders – seduced by fraudulent “investment” sites • Tokyo Joe’s Securities Fraud • Day traders – seduced by fraudulent “investment” sites • Tokyo Joe’s Soceite Anonyme – convicted of only promoting stocks in which they had an interest Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

False Information Pair. Gain – false information regarding an impending sale to an Israeli False Information Pair. Gain – false information regarding an impending sale to an Israeli company • This information included a link to what appeared to be a legitimate news service, causing the stock to increase by 30% • Investors lost millions • Perpetrator was found guilty of securities fraud and sentenced to 5 years of probation, five months of home detention, and over $90, 000 in restitution to his victims. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

False information • Emulex – Mark Simeon Jakob, charged with 9 counts of securities False information • Emulex – Mark Simeon Jakob, charged with 9 counts of securities fraud and two counts of wire fraud after he falsely posted information on Internet Wire, Inc. (his former employer) – Made over $200 K by disseminating false (and wholly negative) information about the company and selling his stock short – False information included: • Emulex was under investigation by the SEC • Emulex’s CEO was resigning • That the Company’s revised earning showed a loss – Stock plummeted from $110 to $43 in less than one hour – temporarily costing the company $2 Billion in market value Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Insider Information • Increasingly popular due to the increase of online trading • Uses Insider Information • Increasingly popular due to the increase of online trading • Uses BBSs and chat rooms Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Violence and Organized Crime • Not all electronic fraud is non-violent • Various OC Violence and Organized Crime • Not all electronic fraud is non-violent • Various OC groups have manipulated stocks and exchanges by employing traditional strong-arm tactics outside the realm of cyberspace • Sokaiya – practiced by Yakuza Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Cybersquatting • Cybersquatting - the practice of infringing on trademarked property via electronic means Cybersquatting • Cybersquatting - the practice of infringing on trademarked property via electronic means – Purchase of domain names consistent with established companies or businesses. (i. e. www. toysrus. com , etc. ) – Purchase of domain names which represent common misspellings or typographical errors of same (i. e. www. toysareus. com – Outlawed by the Anti-Cybersquatting Consumer Protection Act of 1997 – has been characterized as the epitome of techno-capitalism by some, but branded criminal by government authorities – Effectively used against John Zuccarini who purchased thousands of domain names which represented common misspellings of popular businesses and mousetrapped accidental visitors (opening ad boxes which require users to click on, and therefore look at, the ads to make them go away). Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Internet Gambling • Should increase pathological gambling • Cannot be monitored – too costly Internet Gambling • Should increase pathological gambling • Cannot be monitored – too costly and too vast • Both federal and state authorities have denied sovereignty • Current federal statutes are outdated • State legislations has proven more effective – both Minnesota and Missouri courts have provided judgments adverse to the WWW of gambling Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

State Efforts • Minnesota AG successfully pursued Vegas Granite Gate Resorts for false advertisement State Efforts • Minnesota AG successfully pursued Vegas Granite Gate Resorts for false advertisement as it led citizens to believe that Internet gambling was entirely legal. • Missouri AG Jay Nixon obtained a civil injunction and damages totaling over $65 K against Interactive Gaming and Communications, Inc. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Inconsistent Application • Although The Wire Act and the Crime Control Act have been Inconsistent Application • Although The Wire Act and the Crime Control Act have been used to combat Internet gambling, its constitutional application is unclear. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Cyberstalking and harassment • Cyberstalking – the utilization of technology which results in the Cyberstalking and harassment • Cyberstalking – the utilization of technology which results in the willful, malicious, and repeated following and/or harassing of another person in an effort to inflict or cause fear of actual harm through words or deeds Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Cyberharassment • The utilization of technology which results in the willful, malicious, and repeated Cyberharassment • The utilization of technology which results in the willful, malicious, and repeated following and/or harassing of another person in an effort to inflict or cause actual harm through words or deeds Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Cyberstalking vs. harassment • Distinction lies in the actual harm suffered. Cyberstalking statues are Cyberstalking vs. harassment • Distinction lies in the actual harm suffered. Cyberstalking statues are directed at activities which may be threatening or may result in injury, while cyberharassment involves activities which are threatening, harassing, or injurious on their face. • Due to pressure from Hollywood heavyweights, the Interstate Stalking Punishment and Prevention Act of 1996 was added to Title 18. • Interstate Stalking Punishment and Prevention Act of 1996 (18 U. S. C. { 2261 A) made it a federal offense to travel across a State line or within the special maritime and territorial jurisdiction of the United States with intent to injure or harass another person, and in the course of, or as a result of, such travel places that person in reasonable fear of, or serious bodily injury to… that person or a member of that person’s immediate family shall be punished as provided in section 2261 of this title. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

State Responses to Electronic Stalking • Electronic stalking statutes - Alaska, California, Massachusetts, Michigan, State Responses to Electronic Stalking • Electronic stalking statutes - Alaska, California, Massachusetts, Michigan, Oklahoma, Washington, and Wyoming • Cyberharassment statutes - Alabama, Arizona, Connecticut, Delaware, Hawaii, Illinois, Indiana, Maryland, New Hampshire, New York, and North Dakota Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

The Threat of Cyberstalking • Not perceived as serious as physical stalking – but The Threat of Cyberstalking • Not perceived as serious as physical stalking – but has the potential to be more insidious and dangerous due to the nature of technology • 20% (women) and 40% (men) of all stalking activities were predicated on previous electronic communications • Motivations appear remarkably similar to traditional stalking behavior, including obsessions, jealousy, anger, or a desire to control Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

The Art of Cyberstalking • Cyberstalking - may take many forms – including tracking The Art of Cyberstalking • Cyberstalking - may take many forms – including tracking the victim’s online activity or sending them a barrage of threatening e-mails • Cyberharassment – may include abusive e-mails or the posting of fictitious or slanderous information in a public form (ex. Jeanne Mentavolos – altered photographs; and, Gary Dellapenta – soliciting the rape of a woman who scorned him) Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Jurisprudential Apathy • Courts have been reluctant to identify certain communications as threatening, arguing Jurisprudential Apathy • Courts have been reluctant to identify certain communications as threatening, arguing that a strict scrutiny of individual cases is necessary to protect constitutional provisions. • Jake Baker – U of M student fantasized via e-mail about the abduction, bondage, torture, humiliation, mutilation, rape, sodomy, murder, necrophilia of a variety of individuals, including one teen from Alkhabaz’s neighborhood) Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Jerry continues to maul at her breasts. He pulls them as far as they’ll Jerry continues to maul at her breasts. He pulls them as far as they’ll go away from her body, twisting them to cause even more pain…Jane howls out loud. It’s not even a human sound. Her eyes glaze over from the pain and torture (Alkhabaz, 104 F. 3 d at 1498). I would love to do a 13 or 14 year old. I think you are right…not only their innocence but their young bodies would really be fun to hurt. As far as being [sic] easier to control…you may be right, however you can control any bitch with rape and a gag (Alkhabaz, 104 F. 3 d at 1499) Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Jurisprudential Apathy • Initially charged with 18 U. S. C. 875, but the court Jurisprudential Apathy • Initially charged with 18 U. S. C. 875, but the court argued that fantasies or musings, regardless of nature, were not criminal activities absent a specific expression of intent • To wit, their e-mail communications could refer to any 13 or 14 year old, and was thus too indeterminate to satisfy Kelner’s specificity requirement • Unfortunately, the requirement of specific intent nullified this action, as well as many future actions Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Child Pornography & the Seduction of Innocents • 1 st Amendment has been used Child Pornography & the Seduction of Innocents • 1 st Amendment has been used as a shield by many child pornographers and deviant subcultures espousing criminal ideas, including NAMBLA (http: //www. nambla. org/) Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Profiling Child Pornographers & Pedophiles • require children for sexual gratification • maintain trophies Profiling Child Pornographers & Pedophiles • require children for sexual gratification • maintain trophies of their victims or visual stimuli and may graphically articulate elaborate fantasies through writings or such • prey on children who are particularly vulnerable, including children who are confused about their own sexuality or who express feelings of ostracism • online predators often use role-playing to seduce their victims (ex. Francis Kufrovich, CA posed as a teenager to lure a CT teen into an online relationship and raped her when she agreed to meet him) Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

The Lure of Anonymity • Fortunately, many online predators believe they are hidden by The Lure of Anonymity • Fortunately, many online predators believe they are hidden by their anonymity. • Consequently, many sting operations have been successful. • Ex. Dean Lambey & Daniel De. Pew – captured in a sting operation by San Jose police before they could abduct a 12 -year old for a snuff film they were planning. Fortunately, they shared their intentions with an undercover investigator. Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.

Online Pharmacies • Online Pharmacies Computer Forensics and Cyber Crime Britz PRENTICE HALL © Online Pharmacies • Online Pharmacies Computer Forensics and Cyber Crime Britz PRENTICE HALL © 2004 Pearson Education, Inc.