Computer Forensics and Cyber Crime
CHAPTER
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Conclusion and Future Issues
13
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Learning Objectives
Explore traditional problems associated with the investigation and prosecution of computer-related crime.
Discuss strategies to minimize the impact of computer-related crime.
Discuss approaches to combatting Internet crime.
Recognize emerging trends in wireless communications.
Develop an understanding of societal expectations of decency on the Internet.
Explore issues associated with data mining.
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Establishing technology-neutral legislation
Outdated legislation, like the Wire Act, may not be helpful, as it responds to an old issue.
Newer laws can help with guidelines for data analysis.
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Establishing accountability for Internet users
Legislation must balance legitimate interest in confidentiality against blanket anonymity.
Legislation must reflect the need of the wide-open marketplace created by World Wide Web as place for commerce, growth, individual expression, and state sovereignty.
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Increasing public awareness and research capabilities
Traditionally, the public has been unaware of the danger, so education is necessary.
Education may lead to better funding and better reporting.
Create nationwide directory to facilitate information-sharing among many.
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Increasing interagency and intradepartmental cooperation
Can lead to better collaboration, cooperation, and use of resources
Federal government needs to do more, especially through grants
Need for executive branch support
Set up federal informational clearinghouses
Facilitate interagency cooperation, especially regarding the vulnerability of digital evidence
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Developing relationships between investigative agencies and the private sector
Law enforcement will still be overworked, understaffed, technologically deficient, and poorly funded
Private sector may not suffer under such limitations, especially with technological know-how
Partnerships emphasizing ethical accountability, perhaps lead to code of conduct?
Lead to better reporting?
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Developing international cooperation
Need to address preservation of digital evidence, in terms of search and seizure, especially given off-site storage of proprietary information.
Enact treaties to settle jurisdictional disputes.
Other traditional law enforcement issues need addressing, like competing interests.
Is there a possibility of creating a global legal support regime?
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Standardization of accreditation or expertise
Need for standardization to reduce Daubert/Frye challenges regarding recovery of digital evidence
Something addressed by professional associations, academic publishing?
Will still take time, money
It is already difficult to find true experts
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Traditional Problems and Recommendations
Need for law enforcement to create and maintain a presence on the Web
Informing the community can advance mission, promote policies, facilitate communication
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Additional Approaches to internet Crime
Concern for the increase in denial of service attacks, money laundering, organized crime
Hampered by borderless nature of the Internet
Partnering with cybercitizens:
Holding accountable ISP’s hosts and e-businesses
Utilization of existing forfeiture statutes
Emphasize grassroots approach to business community, to know your customers
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Future Trends and Emerging Concerns
Wireless communications
Easier to address, as cell providers are easier to identify
No expectation of privacy with wireless communications
FCC regulations require providers be able to locate cell phones
However, disposable phones are cheaper to use and get rid of
More vulnerable due to access via Internet download, Bluetooth, multimedia messaging service
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Future Trends and Emerging Concerns
Data-hiding
Remote storage, encryption, etc.
Problem if remote storage is outside of jurisdiction
Not likely that the U.S. Supreme Court will allow for broad searches of data storage facilities
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Future Trends and Emerging Concerns
Over-the-counter encryption makes it difficult to crack
May be tough with relaxing of export regulations
However, consequences of the September 11 attacks could lead to enactment of anti-encryption legislation
Also, ease of use of disposable email, anonymizers
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Future Trends and Emerging Concerns
Governing decency and virtual pornography
Especially given case law, unlikely to see universal definitions of indecency and vulgarity
Technological safeguards may inadvertently apply to legitimate material
What happens when computer-generated imagery obviates need for using humans to create media?
All this may mean that things get worse.
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Future Trends and Emerging Concerns
Data-mining: A comprehensive analysis of large data sets to uncover patterns and relationships
However, this can lack context: Reveals patterns, not causal relationships or depth or strength of connections
Limited by lack of quality control, and there is no differentiation between good and bad data sources
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Future Trends and Emerging Concerns
Criticized for mission creep, to use mined data for other purposes than originally intended
Criticized by privacy advocates as violating various rights under U.S. Constitution
Computer Forensics and Cyber Crime, 3rd ed. Marjie T. Britz
Copyright © 2013 by Pearson Education, Inc. All Rights Reserved
Conclusions
As anonymity and profitability decrease for cybercrime, will they be replaced by technological alternatives?
Problems, still, due to lack of resources, appropriate legislation
Exacerbated by judicial and social indifference to dangers
Berkeley College Cyber Crime
Chapter 13 Lecture Notes
Computer Forensics and Cyber Crime
Conclusions and Future Issues
Traditional Problems and Recommendations in Prosecuting Computer Crime
a. New Laws
Investigation and prosecution of computer-related crime has been hindered by a lack of nomenclature, due primarily to the reluctance of the Supreme Court to interpret emerging legislative actions. As such, investigators, prosecutors, and even trial courts have no basis for determining the legality of either questioned behavior or law enforcement actions.
The development of computer-specific legislation must be undertaken in a manner that ensures uniformity in application and interpretation irrespective of jurisdictional climate. At the same time, emerging legislation must be generic enough to encompass advances in technology, assuring that application to tomorrow’s technology is possible.
b. Internet Users
Legislation must also be enacted that ensures confidentiality for those who seek it for legitimate purposes, but that denies blanket anonymity. This would allow legitimate surfers the luxury to browse the Web anonymously for all practical purposes, safely concealing their identities from criminals and government officials alike, while providing a mechanism for law enforcement to pursue those predators, criminals, or terrorists who attempt to mask their illegitimate activities.
c. Increasing Public Awareness of Computer-Related Crimes
Computer-related crime has not been publicized enough.
A comprehensive effort must be undertaken to educate all levels of the community, including politicians, teachers, law enforcement officials, individual consumers, and children.
Such awareness must include the potential of computer crime, creating an appreciation of the dangers inherent in such activities (i.e., everyone must see both the threat and the exponential growth associated with computer crime).
Once established, this collective understanding should result in additional funding for computer-related initiatives and increase public reporting and cooperation.
d. Increasing Resources to Law Enforcement Agencies
Many small police agencies lack the resources to combat computer-related crime. There must be an increase in the number of multijurisdictional task forces and central reporting stations. While law enforcement agencies have recently formed such collaborative efforts, much is left to be done. Local agencies, in particular, should develop formal alliances with better funded and better trained state and federal agencies.
Also, the federal government must make resources available to these same municipal administrators seeking technological assistance. This includes concen- trated dissemination of grant solicitations, as well as technical guidance to the municipal administrators.
Utilization of central reporting stations (both regional and national) should be increased, as duplication of effort dramatically decreases the efficacy of even the most dedicated of efforts.
Investigators must also secure cooperation within their own department, increasing awareness of the potentiality of digital evidence and its corresponding vulnerability.
e. Developing Relationships between Law Enforcement and the Private Sector
All levels of the law enforcement community must also seek out and establish partnerships with the high-tech industry. High-tech corporations, with their unlimited resources and highly trained personnel, may alleviate resource issues by donating equipment and expertise to their local agencies.
Also, these entities may be called upon to develop software requisite to the law enforcement mission like IP tracking systems, editing and searching tools, and general investigative utilities.
Partnerships which emphasize ethical accountability may also result in the development of materials which preclude the proliferation of inappropriate material through filtering and professional accountability.
The Electronic Commerce and Consumer Protection Group (which includes AOL, American Express, AT&T, Dell, Visa, Microsoft, IBM, etc.) is currently developing regulations to address consumer protection in a global marketplace.
Their goals include the development of a code of conduct among e-tailers to facilitate e-commerce within a secure environment, and the retention of data to identify on-line predators.
Such teamwork will necessarily result in increased reporting of criminal victimization among corporate targets, thus making it easier to develop baseline data for empirical measurement.
f. International Cooperation
Questions have erupted concerning international procedures for the preservation of digital evidence. One of the most ambiguous areas involves the search and seizure of computer networks, as it is questionable whether, and to what extent, the right to search and seize a specific computer installation includes the right to search databases that are accessible by this installation but that are situated in other premises. The importance of such questions has reached astronomical proportions, as more and more individuals and corporations are implementing off-site storage databases to protect proprietary information. Thus, pivotal questions including the international sovereignty over the stored data and the accessibility of the information by investigating agencies remain unresolved.
International agreements must be established and global treatises implemented so that jurisdictional disputes do not compromise the interest of justice.
Unfortunately, such collaboration must overcome traditional problems including cultural stereotypes and multicultural tensions; a lack of global consensus on criminal behavior and human rights; a lack of expertise in criminal justice and legal communities; competing interests; a lack of extradition and mutual assistance treaties; a lack of synchronized law enforcement efforts; and finally jurisdictional disputes regarding original sovereignty in cases of dual criminality.
g. Standardization of Accreditation or Expertise
Law enforcement authorities must establish a standard of accreditation and/ or expertise of forensic methodologies and examiners.
As in any emerging discipline, such standardization would decrease Daubert/Frye challenges to the recovery of digital evidence.
The discipline should attempt to identify and address each of the following questions:
1. Can the techniques involved in data recovery be empirically tested?
2. Have they been subjected to peer review and publication?
3. Does the theory or technique have the potential for a high rate of error?
4. Does the technique enjoy a general acceptance within the scientific community?
Homework Questions: Chapter 13
1. Discuss how the lack of new laws relative to computer-related crimes have challenged law enforcement and prosecutors.
2. Discuss the lack of public awareness regarding computer-related crimes and possible solutions.
3. Discuss the benefits of law enforcement collaborating with the high-tech companies in combatting computer crime.
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