CCJ 4938 exam 3 chap 11, 10 9 and notes

(FTC) Bureau of Consumer protection: Seven divisions:

(1) Enforcement (2) Advertising practices (3) Financial practices (4) Marketing practices (5) Planning and information (6) Consumer and business education programs (7) Privacy and identity protection.

In order to seize an item under the plain-view doctrine, an officer must

(1) See the item (2) Be legally present in the area from which the item is viewed (3) Immediately recognize that the item is subject to seizure. Since the officer is not conducting a search (i.e., the item is in plain view, and thus, there is no governmental intrusion into a person's reasonable expectation of privacy), the criminal nature of the item to be seized or observed must be immediately apparent to the officer

Under the attorney general is a vast array of sections and organizational subunits designed to oversee the administration of justice on the federal level. These include:

(1) The U.S. Attorney's Office, representing the federal government in court and prosecuting federal suspects; (2) The major federal investigative agencies, including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Fire- arms, and Explosives (ATFE); (3) The U.S. Marshals Service; (4) The U.S. Bureau of Prisons.

NCSD has a twofold task:

(1) To build and maintain an effective national cyberspace response system (2) To implement a cyber risk management program to protect critical infrastructure.

The bureau's role in fighting computer crime is fourfold:

(1) To capture the criminals behind serious computer intrusions and the spread of malicious code. (2) To stop online sexual predators who produce or share child pornography and meet and exploit children. (3) To stop operations targeting U.S. intellectual property. (4) To dismantle national and transnational organized crime groups engaging in Internet fraud. * The FBI is also leading the charge to investigate and prosecute cyber crimes.

Critical Needs: Combating computer crime

(1) Training (2) Equipment, (3) Updated criminal codes designed to complement current enforcement efforts (4) Resources for tapping federal expertise and equipment related to computer crime enforcement

U.S. Postal Inspection Service was established to perform

* "investigative and security functions essential to a stable and sound postal system." * This is why ( Congress empowered the Postal Service to "investigate postal offenses and civil matters relating to the Postal Service." )

Bureau has partnered with the?

* (NW3C) National White-Collar Crime Center to operate the Internet Crime Complaint Center (ICCC or IC3)

(DOE) main responsibilities

* Administration of domestic energy production * Promotion of renewable energy resources * Promotions of energy conservation and efficiency

A search is:

* An attempt by law enforcement officers to obtain evidence. * By definition, a search intrudes into a person's reason- able expectation of privacy. * Therefore, a search occurs, in a constitutional sense, any time there is a governmental intrusion into a person's reasonable expectation of privacy.

Consumer Sentinel

* Centralized database of identity theft complaints used to compile statistics regarding the incidence of identity theft. * Contains over 4 mil fraud/identity complaints * Can be searched by over 1700 law enforcement agencies around the world to share information & develop case leads

ICE Cyber Crimes Center (C3): Four Subsections

* Child exploitation * Computer forensics * Cyber crimes * Information technology and administration.

6. The department of Energy (1977) (DOE)

* Created in order to consolidate existing federal energy programs and activities

1. The Department of justice (1970)

* Criminal Division's Computer Crime and Intellectual Property Section * Legal issues raised by computer & intellectual property crime

(CCIPS)(1991)

* Criminal Division's Computer Crime and Intellectual Property Section (CCIPS). * CCIPS began as the Computer Crime Unit of DOJ in 1991. * This unit primarily prosecuted violations of the Federal Code covered by Title 18, Section 1030, of the Computer Fraud and Abuse Act.

The bureau's Cyber Division works in tandem with the?

* Criminal Investigative Division in the investigation of domestic threats generated by computer-related crimes. * Typically, its caseloads focus on child pornography, followed by fraud, computer intrusions, and intellectual property theft. * There are also 93 computer crime task forces across the country that provide a partnership between the bureau, federal, state, and local law enforcement agencies to better solve crimes.

NSA created the INFOSEC Service Center

* Designed to increase research initiatives concerning computer security by the federal government.

FTC has developed the Identity Theft Program:

* Designed to provide assistance to local and federal law enforcement agencies attempting to curb the misuse and theft of personal information through online access. * The program aids these agencies in enforcing the Identity Theft and Assumption Deterrence Act of 1998, which is a federal response to the widespread incidence of identity theft in recent years.

3. The National Secuirty Agency (1952)

* Designing-maintaining coding systems designed to protect the integrity of U.S. information systems. * Monitoring-protecting federal computer networks from acts of cyber terrorism.

4.The Federal Trade Commission (1914)(FTC)

* Ensure free marketplace (trust bust) * Enforces antitrust violations that could hamper consumer interests, as well as federal consumer protection laws against fraud, deception, and unfair business practices. * Traditional criminal activities that occur online * Identity Theft Program

Child Exploitation Section (CES)

* Exists to investigate producers and distributors of child pornography and abuse, as well as sex tourism. * The CES operates in con- junction with international law enforcement agencies to investigate and prosecute these offenses. * This section also coordinates Operation Predator, which is an ongoing multi- agency international investigation of child exploitation and crimes against children.

8. U.S Immigration & Customs Enforcement (2003) (ICE)

* Formed as part of the Homeland Security Act * The result of a merger of several federal agencies, including the Customs Service, Immigration and Naturalization, and the Federal Protective Service. * ICE has approximately 15,000 employees in 400 offices in the United States and 50 offices around the world.

importance of chap 10

* Fourth Amendment: Prohibits unreasonable search and seizures * Differences in collecting physical and digital evidence * Increasingly used as evidence * Sensitive information on devices and internet * Privacies of life * Legal concerns surrounding digital forensics

e-commerce

* Generates hundreds of billions of dollars in revenue annually, making the Internet economy comparable in size to the energy, automobile, and telecommunications industries. * FTC attempts to minimize fraudulent and deceptive business practices that occur online and educate consumers regarding safe avenues to conduct e-commerce

State & local roles

* Growing danger posed by computer crimes has clearly resulted in an increasing enforcement emphasis at the federal level. * Local level: Host of issues that have hampered efforts to combat computer crimes effectively within their own jurisdictions. * Task forces continue to increase largely because these agencies have experienced more computer- related criminal activities within their jurisdictions, and citizens and private entities have become increasingly willing to report these activities to local law enforcement departments. * local officers May lack capacity or understanding of computer crimes *Lack of recognition & support from upper-level management within local police agencies in terms of providing the resources necessary to counter these threats. The majority of these cases receive a low priority at the local level. *Critical Needs: Combating computer crime

The U.S. Postal Service's primary concerns in the area of computer crime are

* Identity theft * Child exploitation * Pornography- postal service will get involved if computers images are disbursed through the mail. * Electronic crimes.

2. FBI (1908)

* Important role of cybercrime * Criminal Investigative Division * Regional Computer Forensics Laboratory * National White-Collar Crime Center

The FBI plays an important role in the investigation of cyber- crime.

* In fact, protection of the United States from cyber based attacks and high technology crimes is its third priority, behind terror and foreign intelligence. * This suggests that cybercrime has become a high priority for investigation, over and above physical real-world crimes.

Cyber Crimes Section (CCS)

* Investigates and enforces laws pertaining to a wide variety of cyber crimes, including international money laundering, intellectual property rights violations, human smuggling, illegal exports, and arms trafficking. * Conducts undercover stings.

DOE-Cyber Incident Response Capability (CIRC)

* Is an organization that provides the DOE with incident response, reporting, tracking, and security support. This includes incident-reporting capabilities, security bulletins, and software tools. * The CIRC is also designed to enhance communications between the DOE and private contractors who use these energy systems so that critical infrastructures can remain protected from cyber attacks.

National Cyber Security Division (NCSD) of DHS

* Is of significant importance in the fight against computer crime. * The NCSD is housed within the Office of Cyber Security. * Communications and opened in 2003 with the charge of protecting cyber infrastructure.

ICE

* Is the largest ad primary investigative arm of the U.S. DHS. * Responsible for identifying and investigating weaknesses within the nations borders, developing intelligence concerning threats, removing foreign nationals, enforcing over 400 federal statues.

CONSENT SEARCH

* Most commonly used search method to collect digital evidence without a warrant. * Valid consent to search allows officers to search for any item within the scope of that consent. * The courts apply a "totality of the circumstances" test to ensure that the consent was intelligently granted and free of coercion. * Suspect may revoke consent at any time, even during the search.

The remedy for a flawed search is:

* Most frequently suppression of the evidence obtained during the trial. * This means that even the most clear-cut and self-evident material can be ruled inadmissible at trial.

Computer Forensics Section

* Offers digital evidence recovery and analysis for ICE agents as well as other law enforcement agencies. * It has 125 computer forensic agents (CFAs) who retrieve and analyze digital evidence as well as assist in the development of warrants for the seizure of digital evidence. * Forensic agents also provide expert testimony for cases in support of criminal investigations.

STOP AND FRISK

* Officer has the right to self-protection during a brief interview by conducting a frisk of a citizen for weapons. Frisk is limited to a pat down of the outer clothing of the individual and can occur based on reasonable suspicion.

7. The Department of Homeland Secuirty (2002)(DOH)

* Organization of federal agencies

CCIPS attorneys specialize in?

* Prosecuting crimes related to encryption * E-commerce * Intellectual property crimes * Electronic privacy laws * Computer hacker investigations * Search and seizure cases involving computers

two main functions of the U.S. Postal Inspection Service are to:

* Provide businesses with a safe avenue for the exchange of funds and securities * Provide private citizens a safe and secure way in which to transmit correspondence.

5. The postal Service

* Provide safe & affordable mail * Nations mail service has operated one of the oldest federal law enforcement agencies - U.S. Postal Inspection Service (1830). * Mail Theft; Child pornography * Share jurisdiction

good faith doctrine

* Provides one possible defense to accusations of a flawed search. * If the investigator has a reasonable, bona fide (good faith) belief that the search conducted is based on a valid warrant, but that warrant is in actuality unsupported by probable cause, the fruits of the search are admissible.

Pen/Trap Statute

* Regulates the collection of addressing information from wire communications. * The statute takes its name from the now-obsolete physical devices attached to phone wires to perform this function. * This statute has been applied to include computer network communications, not just telephone communications

(DOE) Computerized technologies

* The department relied on computerized technologies to operate and administer the nations energy-producing infrastructure. * The growth of tech and computers have made a need to increase protection of energy sources from computer hacks or codes

(Mapp v. Ohio) The sole purpose of the exclusionary rule is:

* To curb police abuse of civil rights and to deter police misconduct. * No common law expectation of the suppression of evidence improperly obtained. * To invoke the exclusionary rule, the defendant must have stand- ing; that is, the defendant must be the one whose rights were violated by the search.

US-Computer Emergency Readiness Team, or CERT.

* US-CERT provides response support and defense against cyber attacks in the executive branch of government, as well as support for public, private, and international partners. * The CERT provides information on new and exist- ing vulnerabilities in all manner of computer systems, as well as resources to help patch and secure networks.

A program called Cyber Action Teams

*Been developed, which have a small number of specially trained agents who are experts in malware and forensics. * These teams travel as needed to various spots around the world to assist in the investigation of computer intrusions and gather intelligence on threats and cyber crimes that threaten national security.

FBI developed "InfraGard"

*Program began in 1998 as a joint initiative of the DOJ and what was then the National Infra- structure Protection Center. * This program is now housed in the bureau's Cyber Division, where there are approximately 86 chapters around the country with 54,677 members. * The program is designed to facilitate the exchange of information among academic institutions, the business community, and the FBI and serves as a prime example of the FBI's agenda for partnerships and interagency collaboration in the fight against cyber crimes.

Importance

*growing threats * need to emphasize new and innovative organizational strategies

Office of Chief Information Officer at DOE

*provides a range of resources to provide timely information on cyber security threats

In order to obtain a search warrant, a law enforcement officer must show probable cause by reasonably establishing the following:

1. A crime has been committed. 2. Evidence of the crime exists. 3. The evidence presently exists in the place to be searched.

two other defenses to the exclusionary rule that are related to one another.

1. An independent source of the same information can redeem the evidence tainted by illegal search. Thus, if an illegal search—a forensic fishing expedition— reveals child pornography, the investigator may seek independent indication of the suspect's involvement in child pornography. 2. Another potential defense is that the tainted evidence may lead to a short-cut, but would otherwise have been obtained (known as the inevitable discovery doctrine).

Secrete service financial crime division's main responsibilities include the enforcement of three high-profile computer-related crimes.

1. Division is charged with identifying and investigating financial institution fraud (FIF). 2. Secret Service has primary jurisdiction in cases involving access device fraud. 3. The Secret Service has primary jurisdiction in the investigation of general computer fraud relating to computers and computer systems of "federal interest."

Federal roles

1. The Department of justice (1970) 2. FBI (10908) 3. The National Secuirty Agency (1952) 4.The Federal Trade Commission (1914) 5. The postal Service 6. The department of Energy (1977) 7. The Department of Homeland Secuirty (2002) 8. U.S Immigration & Customs Enforcement (2003) 9. The Secrete service (1865)

NSA agents consist of

Agents who specialize in different professional fields *Researchers *Computer scientists *mathematicians *engineers

Computer Hacking and Intellectual Property (CHIP) unit.

CHIP units focus on prosecuting computer hacking, fraud, and intellectual property cases. This specialized unit has proven highly successful and has been expanded multiple times to include 25 units across the country.

Probable cause:

Crime has been committed, evidence exists of crime, and evidence exists in place to be searched

NSA agents are responsible for?

Detecting & exploiting weaknesses in an adversarial country's computerized secrete coding system.

9. The Secrete service (1865)

Dual purpose: * To provide protective services to the president and other cabinet members * To safeguard the nations financial payment system against fraud ad counterfeit financial instruments. * After 9/11 secrete service started to combat computer crime.

National Program Office

FBI created it in 2002 to oversee and facilitate the creation of other RCFLs around the country.

upon closer examination evidence not covered by a warrant will be discovered in plain view.

For example, a search warrant may allow an investigator to search a hard drive for evidence of fraud. While the investigator is con- ducting the analysis, the officer discovers child pornography on the hard drive. The child pornography can be seized under the plain-view doctrine, since the three requirements discussed above have been met.

NSA Headquarters

Fort Meade, Maryland *NSA has been providing codebreaking capabilities since the Japs in the pacific theater of WWII

Secrete service's Financial Crime Division

Is the agency's primary tool in the fight against computer crime.

U.S. Postal Service has instituted the Mail Theft Reporting System (MTRS).

MTRS aims to identify patterns in mail theft across geographic regions as well as compile statistics relating to mail theft victims and monetary losses.

Warrantless Searches

Most searches conducted by the police do not involve a warrant

Physical vs. Logical

Physical: physical entry - enter, observe, move on (rooms, limited in size). store anything, but limited by size. Logical: many forms of entry, virtual warehouse. endless information. analysis occurs offsite. bitstream copy of HDD and do search on a government computer.

Jurisdiction:

Power of the court to decide a matter in controversy and presupposes the existence of a duly constituted court with control over the subject matter and the parties.

DOH was created by bush after 9/11

President Bush launched an initiative to create a cabinet-level department designed to improve information sharing among federal law enforcement agencies, consolidate a host of over 100 federal offices in these departments, and increase interagency coordination in the fight against domestic terror.

Information Technology and Administrative Section

Provides operational and technical services to support the other three arms of the C3.

IC3

Provides victims of internet fraud to report suspicious online activities

FBI has developed and supports the (RCFL)

Regional Computer Forensics Laboratory (RCFL) Program. * Partnership between the bureau, state, local, and federal law enforcement agencies within a geographical area. * RCFLs provide computer forensic lab support and training programs in support of criminal investigations and the prevention of terror incidents. * The first such RCFL was established in San Diego, California, in 1999.

Electronic Funds Transfers (EFTS)

The ever-increasing sophistication of computerized reproduction capabilities has expanded the potential for the production of counterfeit financial instruments. In addition, the development of Internet communications has facilitated the rapid communication of encrypted messages and financial fraud schemes using phony debit and credit card transactions and electronic funds transfers

fruit of the poisonous tree doctrine.

The exclusionary rule applies not only to evidence improperly obtained but also to evidence discovered using the improperly obtained evidence (i.e., derivative evidence).

FBI was established in 1908 as

The investigation branch of the U.S. DOJ.

DOJ Attorney General

The organization is headed by the chief law enforcement officer of the federal government

The goal of IC3

To identify wider internet fraud patterns and trends to aid in the enforcement of these crimes.

BORDER SEARCHES

To protect the government's ability to monitor contraband and other property that may enter the United States illegally, the courts have recognized the need to allow for border searches that are more intrusive than would be allowed in other locations.

The plain-view doctrine

allows an officer to lawfully seize an item as long as certain requirements are met.

The exigent circumstances doctrine

allows law enforcement officers to search and/or seize evidence without a warrant if they have probable cause and there is some pressing need (i.e., exigent circumstance) to preserve evidence that is in danger of being destroyed or corrupted.

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Postal inspectors share jurisdiction in any electronic crime that involves the misuse of the U.S. mail.

crimes can include consumer fraud schemes that originate on the Internet through e-mail solicitations, since these crimes often eventually involve use of the U.S. mail in the delivery of fraudulent documents and/or fraudulently obtained currency.

The Fourth Amendment protects persons evidencing an expectation of privacy;

however, society must be willing to recognize that expectation as reasonable.

Digital Evidence

information of value stored/sent on electronic device collected when data/hardware is seized during a search

If evidence is discovered in plain view while conducting another analysis,

it is best to stop the analysis and seek a warrant based on the plain-view evidence.

Reasonable clause

must be in plain view or in warrant

A trap and trace device

records this information from incoming calls, similar to caller ID.

A pen

register records outgoing numbers dialed from a phone.

Ex ante restrictions

regulate computer searches by requiring specific warrant

Ex post restrictions

rely on standard of reviews on forensic process after evidence is found which is reviewed in suppression stage of a trial

Particularity requirement

space and what is being searched must be specific on warrants

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Seizure

taking away of property, interference with an individuals possession

concern with consent searches is

that the person giving consent must be legally capable of doing so. ex: spouses, co-owners, other employees using same equipment.

The scope of the search is directly related to

the consent given.

The pen/trap statute allows the government to apply for a court order authorizing

the installation of a pen register or trap and trace device so long as the information likely to be obtained is relevant to an ongoing criminal investigation.

The key to understanding search and seizure law is to remember that the point is not to protect criminals;

the point is to enforce a person's reasonable expectation of privacy.

The reasoning behind the exclusionary rule is

to deter police from misconduct, not to remedy violations of rights.

When does a search actually occur?

when evidence is exposed in a humanly readable form. Known as exposure based approach. Allows LE to track viewing and copying of files

seizure of property occurs

when there is some meaningful interference with an individual's possessory interests in that property.

The Financial Crimes Division houses the Electronic Crimes Branch

which specializes in detecting and investigating credit card and other access device fraud. * Electronic Crimes Branch provides computer equipment and technical assistance to special agents

A search warrant is only valid

within the jurisdiction of the magistrate signing it.