Future Challenges of Cybercrime Volume 5: Proceedings of the Futures Working Group
Toby Finnie Tom Petee John Jarvis Editors
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Acknowledgments
The Futures Working Group and the authors that contributed to this volume wish to thank both Police Futurists International and the Federal Bureau of Investigation for supporting the efforts reflected herein. Additionally, the following individuals are recognized for their significant contributions to this volume: FBI Behavioral Science Unit Intern Angela Basso, BSU Visiting Scholar Hayley Daglis Cleary, and other staff of the FBI Training Division who provided significant assistance with the production of this volume including, but not limited to, the editing, organization, and formatting of this volume. Without their generous efforts and sincere commitment to assisting with this project, this work would not have been possible.
Suggested Citation: The Future Challenges of Cybercrime: Volume 5 Proceedings of the Futures Working Group. Toby Finnie, Tom Petee, and John Jarvis, editors. Federal Bureau of Investigation: Quantico, Virginia 2010.
Initial Release Date: September 22, 2010 Revised: November 4, 2010
Author information: Biographical information pertaining to individual contributors and authors can be found at http://futuresworkinggroup.cos.ucf.edu.
The opinions and statements expressed throughout this volume are those of the individual authors and contributors and should not be considered an endorsement or a reflection of the official position of the Federal Bureau of Investigation, the Society of Police Futures International, or any other institution or organization for any policy, program, or service.
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Table of Contents
Acknowledgments...... 2
Word from the Chairman………………………………………………………………………….5
Defining “Cyber-Crime”: Issues in Determining the Nature and Scope of Computer-Related Offenses……………………………………………………………………….6 Thomas A. Petee, Lin Huff-Corzine, Joseph Schafer, Janice Clifford, & Greg Weaver
Policing the Digital Environment ...... 12 Toby M. Finnie
Cybercrime in the Year 2025 ...... 44 Gene Stephens
Street Crime in a Cashless Economy ...... 51 Michael Buerger
Sociology of the Internet: Effects of Social Technology on Policing ...... 62 John Jackson, & Bud Levin
Insights into the Hacking Underground ...... 65 Michael Bachmann & Jay Corzine
Cybervictimization ...... 76 Jeri N. Roberts, Tina Jaeckle, & Thomas A Petee, John Jarvis
What Role and Responsibility Does the Government Have in Protecting Consumer’s Rights to Privacy/Security on the Internet ...... 80 Andy Bringuel & Wayne Rich
The Not-So-Distant Average School Day...... 84 Mary O’Dea & Wayne Rich
College-Level Education for Cyber Security ...... 89 Jay Corzine
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Seniors and Cyber Space ...... 92 Wayne Rich
Protecting and Strengthening Societies ...... 94 Jeff Frazier
Partnering With Others to Address Cybercrime ...... 100 Gerald Konkler
The Future of Cybercrime ...... 107 Earl Moulton
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A Word from the Chairman growing pace. As the discussions progressed at this conference, it became The Futures Working Group, an clear that many possible futures exist ongoing collaboration between the with regard to this very important area. Society of Police Futurists International This volume is an attempt to reflect some (PFI) and the Federal Bureau of of these deliberations and to articulate Investigation, continues to research and strategies to bring about what futurists assemble numerous bodies of work refer to as “preferred futures.” relating to the future of policing. Many of these can be found at As you read the entries contained www.futuresworkinggroup.cos.ucf.edu. herein, remember the goal of futurists-- The entries in the present volume were to make others think. As such, some initiated at a FWG meeting hosted by entries are quite lengthy exploring the Federal Bureau of Investigation in various details of the complexities of the Fall of 2006. I and the FWG wishes cybercriminal behavior. In contrast, to thank all those at the Training other entries are brief observations that Division of the FBI for their support we believe contribute to the discussion of during this endeavor. policing and cybercrimes. All of these entries serve to introduce new, During this time, a group of police challenging, and at times disconcerting managers and futurists as well as ideas. You may agree with some authors academics and military personnel and disagree with others. You may even gathered to consider the ongoing feel somewhat unnerved by what has challenges of cybercrime. Their goal been written. Often considerations of the was to examine various dimensions in future breed these emotions. As is which the future of our dependence on constantly expressed in FWG volumes, computing and other electronic ultimately, it is our fervent desire to transactions could spell both challenges devise ways to motivate individuals to and opportunities for law enforcement. create their own preferred future…--“for yourself, for your agency, and for the At that time, we knew that computer communities you serve.” crime was not only a timely topic but that it would continue to be an important That goal continues. We hope this issue in policing and public safety for latest volume and the efforts that went the foreseeable future To be sure, much into it are helpful toward that end. has recently been written about this subject; however, little has concerned John P. Jarvis, Ph.D. itself with the future of policing and Senior Scientist cybercrime. Clearly, there is a need for Behavioral Science Unit, FBI Academy law enforcement and public safety Chairman, Futures Working Group officials to continually enhance their knowledge, skills, and abilities to keep up with the adversaries that seem to be adopting these technologies at an ever-
5 DEFINING “CYBER-CRIME”: Internet, an offender does not have ISSUES IN DETERMINING THE to come face-to-face with a potential NATURE AND SCOPE OF target, which may make it easier for COMPUTER-RELATED OFFENSES the offender to complete the victimization of the target. Thomas A. Petee, Auburn University But what exactly is ―cyber-crime‖, Jay Corzine, University of Central and is it distinct from other, more Florida traditional forms of crime? To begin Lin Huff-Corzine, University of answering these questions, it would Central Florida be helpful to briefly look at the Janice Clifford, Auburn University components of crime in general. Greg Weaver, Auburn University Traditionally, crime has been defined as an intentional violation of the legal In recent years, there has been code that is punishable by the state. considerable focus within the Central to this definition is the criminal justice system on computer- premise that crime occurs within the related crime. This so-called ―cyber- boundaries of some physical crime‖ has garnered increased reference point, that is, a location attention because computers have that constitutes a specific jurisdiction. become so central to several areas For example, when a conventional of social activity connected to case of fraud occurs, one of the everyday life, including, but not important considerations is where limited to, personal and institutional the actual offense took place so that finances, various record-keeping questions of the appropriate functions, interpersonal jurisdiction for prosecution can be communications, and so on. addressed. Officials need to know Because of its widespread where the victim and offender came accessibility, the advent of the into contact with one another in the Internet has further served to perpetration of the offense so that facilitate predatory personal crimes investigative and prosecutorial and property offenses committed authority can be determined. with a computer. The U.S. Bureau of However, this component is Census reports that in 2000, there confounded when cyber-crime is were 94 million people in the United committed because the location is no States who made use of the Internet longer a static concept. With the (Newburger, 2001). This greatly advent of cyberspace, jurisdiction expands both the potential victim has become much more problematic, and offender pools for both personal transcending local, state, and even and property crimes. Moreover, the national boundaries. One need only nature of this forum has allowed look at the various e-mail scams that some potential offenders to move emanate from such locales as more easily toward actual criminal Nigeria (i.e., the ―419‖ scams), the behavior, because the victim(s) can United Kingdom, or China to begin to be depersonalized in the initial stages of an offense. With the
6 understand how crime is being strongly disagree with this position, redefined in the cyber-age.1 pointing out that the so-called An equally confounding issue has harmless events of hacking to do with the scope of cyber-crime. collectively cost billions of dollars of There is a vast range of illegal damage. behavior that could be identified as Some definitions of cyber-crime cyber-crime. Consequently, there are relatively narrow in focus. In seems to be a degree of ambiguity some cases, only hacking behavior about what is being discussed when would fall under the definition of what the subject of cyber-crime is constituted cyber-criminality. For broached. Fraud, technology theft, example, the Council of Europe‘s security breaches, identity theft, child Cybercrime Treaty makes reference pornography, and even stalking all to only those offenses that involve potentially fall within the realm of damage to data or to copyright and cyber-criminality. Even within the content infringements (see computer community, there seems to Sussman, 1999). However, most be some disagreement about which experts would agree that this kinds of behavior should be definition is much too narrow and classified as criminal. There are needs to take into account more some who would argue that certain traditional crimes, such as fraud and forms of hacking, where a secure stalking, that make use of computer system is breached and computers (Gordon and Ford, 2006; perhaps altered, should never be Zeviar-Geese, 1997-1998). thought of as a criminal act. The legal definition of cyber- Advocates for this position would crime used in the United States maintain that the motivation for these takes a relatively broad view of the actions is often not malicious and kinds of behavior constituting may even prove to be beneficial in computer crime. The United States terms of identifying security Code proscribes a range of conduct shortcomings. Instead, this group related to the use of computers in would rather see a focus on only criminal behavior, including conduct those cases where sabotage or relating to the obtaining and financial gain is involved (Schell, communicating of restricted Dodge and Moutsatos, 2002). information; the unauthorized Others, including those in law accessing of information from enforcement communities, would financial institutions, the United States government, and ―protected 1 ―419‖ refers to Section 419 of the Nigerian computers‖; the unauthorized Criminal Code. This is a variation on the accessing of a government classic ―bait and hook‖ scheme, where the computer; fraud; the damaging of a e-mail recipient is lured into providing protected computer resulting in personal information such as bank account numbers with the promise that they will be certain types of specified harm; given a share of millions of dollars if they trafficking in passwords; and help the sender move funds out of the extortionate threats to cause country. damage to a ―protected computer‖
7 (United States Code, Section 1030 scope of criminal activities involved of title 18). Taking into account the in cyber- crime. He identifies six statutory provisions of the United offense categories and the current States Code, the Federal Bureau of kinds of cyber crime that tend to fall Investigation identifies a number of in these categories: computer-related crimes that are part ▪ Interference with lawful use of a of their ―cyber mission,‖ including computer – which includes such serious computer intrusions and the crimes as cyber-vandalism, spread of malicious code, online cyber-terrorism, and the spread sexual predation of minors and child of viruses, worms and other pornography, the theft of U.S. forms of malicious code. intellectual property, breaches of ▪ Dissemination of offensive national security, and organized materials – which includes child criminal activity engaging in Internet pornography, other forms of fraud (Federal Bureau of pornographic material, Investigation, 2006). racist/hate-group material, online Despite the specific identification gambling, and treasonous of offenses, the legal definition of content. cyber crime tends to read like a ▪ Threatening communication – grocery list and fails to anticipate which includes extortion and future criminal variations in cyber cyber-stalking. offending.2 In fact, another ▪ Forgery and Counterfeiting – confounding issue in defining cyber- which includes identity theft, crime has to do with the constantly phishing, IP changing landscape for computer- offenses, various kinds of related crime. As Gordon and Ford software and entertainment (2006) have noted, definitions of piracy, and copyright violations.3 cyber crime have evolved ▪ Fraud – which includes credit experientially. As technology card fraud, e-funds transfer fraud, continues to expand and as theft on internet or telephone offenders become more services, online securities fraud, sophisticated in their criminality, new and other types of Internet fraud. variations in computer crime are ▪ Other types of cyber-crime – bound to emerge. Consequently, it which includes interception of may be better to try to define cyber- communications, commercial and crime in categorical terms rather corporate espionage, than with precision. For example, communications used in criminal Broadhurst (2006, p. 413) constructed a typology of computer- related crime, which provides a more 3 ―Phishing‖ is generally defined as comprehensive framework for the attempting to fraudulently acquire personal or other sensitive information, such as bank account numbers, passwords, or credit card 2 This, in fact, should be expected, since the information by masquerading as a law is often reactive in nature – making trustworthy person or business in an provisions for new kinds of criminality only electronic communication. when criminal trends begin to occur.
8 conspiracy, and electronic money allows for further expansion as new laundering. forms of computer-related crime emerge over time. For example, the Gordon and Ford (2006) linkage of more electronic devices formulate an even more generic through the Internet that will occur typology. Their typology includes with the implementation of IP6 will any crime that is ―facilitated or increase the opportunities for the committed using a computer, misappropriation of personal network, or hardware device‖ information. Similarly, the linkages (Gordon and Ford, 2006, p.14). of Onstar systems and cellular They then categorize cyber-crime on phones to the GPS make it possible a continuum. At one end of this to identify an individual‘s location for continuum are offenses that tend to criminal, as well as legal, purposes. be discrete events, which are The question remains, facilitated by crimeware programs however, about whether cyber-crime (e.g., keystroke loggers, viruses, is distinct from other forms of crime. Trojan horses) and by the On one hand, every current example vulnerabilities of the system being of cyber-crime has an analogy in exploited (identified as Type I more traditional crime. Several offenses by Gordon and Ford). examples illustrate this point. Examples of offenses at this end of Hacking activities are, more or less, the continuum would include computer-aided versions of hacking, phishing, and various forms trespassing or vandalism. When a of fraud. At the other end of the hacker enters a restricted computer spectrum are offenses that involve system, he/she is entering another repeated contact between the victim person‘s property without and offender, and which tend to use authorization─the definition of more common software (e.g., Instant trespassing. Likewise, when a Messaging, e-mail, FTP protocol) to hacker purposely alters a website or facilitate the crime (Type II offenses). destroys data, the action is Offenses at this end of the spectrum analogous to vandalism. Various would include cyberstalking, child phishing schemes are essentially predation, extortion, corporate theft. Sexual predation, espionage, and cyber-terrorism. The pornography, and credit card fraud benefit of this particular typology is are even more straight-forward, that it categorizes offenses having obvious connections to their according to their orientation toward non-computer counterparts. To that either technology (the Type I end, an argument could be made offenses) or their orientation toward that, at the present time, cyber-crime people (Type II offenses). Some is essentially conventional criminal offenses are going to be almost behavior that makes use of completely technological in nature, computers.4 From this position, the while others are going to be more traditional crimes that are facilitated by computers. This typology also 4 In fact, Gordon and Ford (2006) argue that the term ―cyber-crime‖ should be removed
9 impact of the computer on crime is pertaining to this topic has to not that it opened a Pandora‘s Box of consider what cyber-crime may look criminal behaviors that previously like in the coming years. While it is had been impossible to perform.5 likely that the use of computers in The primary implication of the commission of crime will computers, the Internet, and continue to expand in the near cyberspace for policing is how to future, it is more difficult to envision a adopt traditional and/or develop new unique form of offending emerging enforcement strategies to existing that would fall into the categorization criminal offenses that are completed of cyber-crime. Nonetheless, the or facilitated through a new channel possibility of such an offense or medium of communication. This surfacing at some point in the future line of argument is not intended to cannot be dismissed outright. belittle the challenges of cyber-crime A final related issue that for the law enforcement community, complicates the examination of however. The scope of changes in cyber-crime has to do with the society that are occurring through determination of its frequency of the adoption of computers have not occurrence. To put it simply, it is been seen since the invention of the extremely difficult to measure the automobile and airplane in the early- extent of cyber-crime occurring in the 20th century revolutionized United States. This is in large part transportation. We believe that due to the fact that when cyber-crime cyber-crime will be the primary is recorded by authorities, it is not challenge for policing in the 21st necessarily recorded as a computer- century. related offense. Rather, it is most On the other hand, any often recorded as a case of fraud, discussion of police futures pornography, or some other conventional crime. Consequently, the scope of cyber-crime, at least as from our lexicon entirely, although they far as official statistics are concede that it likely never will. concerned, is masked by reporting 5The logical and obvious exception to this and recording practices. Presently, line of reasoning is the theft of computer the best data available on the hardware or software or of digital question of the extent of cyber-crime information, specific examples of theft that are found in survey data, particularly were impossible before the existence of the products. the FBI‘s Cyber-Crime Survey. These data, however, can only give us an estimate of the scope of cyber- crime. The lack of substantial data on computer-related crime may be
another argument against classifying cyber-crime as a unique form of criminality at the present time. Yet, it may also be a reason for more clearly defining, and thus being able
10 to measure, cyber-crime. Therefore, Internet. [Electronic version]. it is important that we offer what will Gonzaga Journal of likely prove to be a temporally International Law, 1. bounded definition of cyber-crime that can be useful for the present day. To this end, we define cyber- crime as ―any criminal offense that is committed or facilitated through the use of the communication capabilities of computers and computer systems.‖
REFERENCES Broadhurst, R. (2006). Developments in the global law enforcement of cyber- crime. Policing: An International Journal of Police Strategies and Management, 29, 408-433.
Gordon, S., & Ford, R. (2006). On the definition and classification of cybercrime. Journal of Computer Virology, 2, 13-20.
Newburger, E. C. (2001). Home computers and internet use in the United States: August 2000 (Current Population Reports). Washington, DC: US Bureau of Census.
Sussman, M. A. (1999). The critical challenges from international high-tech and computer- related crime at the millennium. Duke Journal of Comparative and International Law, 9, 451-489.
Zeviar-Geese, G. (1998). The state of the law on cyberjurisdiction and cybercrime on the
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POLICING THE DIGITAL the cybercrime report. There was ENVIRONMENT nothing, I grumbled, that could compare to the impact cybercrime was having on Toby M. Finnie law enforcement.
If I was looking for sympathy (and I The Wild, Wild West: Part I was) I didn‘t get it from Granddad. The development of telegraphs and ―Your grandma used to say ‗There‘s networks is significant for understanding nothing new under the sun!‘‖ Granddad the Internet because it demonstrates the had replied, ―You‘re a smart boy. You‘ll relentless push toward more speed, figure it out.‖ more capacity, more raw volume, more The temporary reprieve arrived in the ―consumers.‖ i form of a small package mailed by the — Anne B. Keating Executor of Granddad‘s estate. My I sat at my desk, glumly mulling over grandfather had died before he could an assignment. With a deadline deliver it to the post office. looming, an analysis discussing the near Curious, I opened the package. A and far future of Internet crime‘s impact note, written in my grandfather‘s shaky, on the department seemed no nearer not quite indecipherable hand was completion than it was a month ago wrapped around an old leather-bound when Assistant Chief Murphy assigned journal. It read: it to me. ―This belonged to Anna Parker Strategic planning? It was difficult to Thomas, my great grandmother. She grasp how cybercrime might affect us was born in Chambersburg, PA in next month, let alone twenty years from 1846. When Civil War recruitment now! I couldn‘t seem to draw a bead on depleted the local work force — and it. Every week there seemed to be a took away the eligible young new techno-toy, or news of a new bachelors, Anna hired on as a computer crime scheme. If the bad guys messenger with the Adams Express weren‘t hacking they were phreaking, Company in 1862. She promoted to 5 pharming and phishing. I felt as if I was telegrapher a couple of years later.6 trying to grab smoke! I think you will find her journal useful I glanced heavenward and silently thanked Hiram B. Thomas, my 92-year- 6 Many believe that women first entered the old grandfather, for a temporary telecommunications industry as telephone reprieve. When I‘d spoken to him a operators, to replace the unruly boys who were week before he died, I‘d griped about employed to operate switchboards. However, when the telephone was first publicly demonstrated, in 1876, women had already 5 ―Phreaking‖ involves theft of been part of telecommunications technology for telecommunication services. ―Phishing‖ attempts thirty years — as telegraph operators and to capture personal information by prompting managers. See Schlereth, Thomas J. (1991) users to visit a fake website. ―Pharming‖ Victorian America: Transformations in Everyday redirects a user to a fake website without the Life 1876-1915 (New York: Harpers Collins user being aware of the redirection. 1991) p 4 12
as you prepare to write your report. The ―email‖ of its day, a telegraph Remember, there is nothing new message could be encoded and under the sun! — Granddad.‖ transmitted from San Francisco to New York in under fifteen minutes. Even more noteworthy, the same message I spent the next hour skimming could be transmitted to thousands of through Anna‘s journal. Covering 25 recipients, paving the way for snake oil years of telegraph, railroad and personal salesmen to mass-market worthless history, her entries wove a fascinating products.iii tale of her life and times working for the Wild, Wild West‘s first version of the Two days after the intercontinental Internet: the telegraph. telegraph was completed the Pony Express became obsolete and hung up 7 The Pacific Telegraph Act of 1860 its saddles forever. Other businesses called for the facilitation of flourished. communication and a year later, Western Union networked with several Richard Sears, a telegraph operator other telegraph companies to link the and railroad station manager, started a east and west coasts of the United mail order service to sell watches via the States. Six years later, a transatlantic telegraph. His business developed into telegraph cable connected the United what would later be known as the States with Europe. Sears-Roebuck Company. All manner of goods could be ordered by telegraph In May 1869, Union Pacific and and shipped by express companies: Central Pacific conjoined tracks to even mail-order brides!8 Thomas Edison become the first transcontinental introduced the stock ticker and printing railroad, opening the western territories telegraph. In Europe, the Associated to expansion. Following along railroad Press formed an alliance of Morse rights of way, telegraph wires telegraph services and transmitted news crisscrossed the country, awed the dispatches worldwide. public, and forever changed the conduct of business. Relationships and romances heated up the telegraph wires.iv Alexander That the public was enthralled by the Graham Bell was even said to have rapid transmission of dash-dot encoded complained about ―unseemly‖ messages messages was an understatement, in exchanged between telegraph light of the fact that mail sent from St. operators. Telegraphers developed their Louis, Missouri to Sacramento,
California via Pony Express took 11 8 ii In addition to a regular money order service, days. the telegraph companies maintained a telegraphic shopping service, permitting the purchase by telegraph of any standardized article that could be picked up or delivered by 7 The Pacific Railway Act, July 1, 1862. An Act parcel post or express. SEE Ross, Nelson E. to aid in the Construction of a Railroad and How To Write Telegrams Properly. 1928 Telegraph Line from the Missouri River to the http://www.telegraph- Pacific Ocean. (U. S. Statutes at Large, Vol. XII, office.com//pages/telegram.html#How%20to%20 p. 489 ff.) Save 13 own jargon in Morse code and when and the losses in dollars of freight, business was slow, they played games parcels and luggage were with other telegraph operators. overwhelming to the railroad For amusement at such lonely companies. Bridges, tunnels, stations, two telegraph operators, stations, tracks and railroad cars maybe 75 miles apart, would both were dynamited in daring holdups. plug into the same ―spare telegraph Following the Civil War, thousands of wire circuit‖ and play games by wire unemployed soldiers/hobos took to the rail yards and to the rails to loot such as chess or checkers or certain vi playing-card games, or maybe just to and rob. ―chew the rag‖ or listen in on Just as flim flam artists promoted Western Union and get the latest bogus lotteries and other get rich quick news even before it came out in the v schemes via the telegraph, opportunistic city newspapers. outlaws also took advantage of new technologies. They rode fast horses, The telegraph further extended its used high-powered rifles and smokeless reach in May 1897 when Guglielmo powder (so they could fire at pursuers Marconi transmitted the first wireless from a distance without giving telegraph communication over water. themselves away). They hired safecrackers to help them break into Expanding railroads, telegraph and safes and employed explosives experts express delivery companies set up to blow up railroad tracks and trestles. agencies in the territorial West so their businesses could be managed remotely. Family members and gullible young men looking for excitement were Entrepreneurs, cattlemen and homesteaders settled near the recruited to join outlaw gangs. In agencies. As a consequence, Highwaymen of the Railroad,‖ William communities rapidly developed where Pinkerton wrote: buffalo formerly roamed. ―The majority of these robbers are The U.S. Post Office took advantage recruited from among the grown of the rail systems, shipping huge boys or young men of small country volumes of mail across the country, towns. They start in as amateurs even sorting mail while in transit. under an experienced leader. They Express companies delivered become infatuated with the work and never give it up until arrested or commodities and transported gold, vii securities and cash via rail car. killed.‖ Commerce was on the move and Outlaw gang members wore following the money, so were the disguises and used aliases — ―Kid criminals: Curry‖ (aka Harry Logan), ―Tall Texan‖ By the very nature of their physical (aka Ben Kilpatrick) and the ―Sundance construction, railroads became the Kid‖ (aka Harry Longbaugh) were but a prime prey of many well-organized few — to mask their identities. bands of outlaws. Theft was rampant 14
They were enticed by large sums of certain extent, they controlled, through money and showed little fear of arrest terrorizing, some of the local judges; for their meticulously planned and well- and the local authorities, either through executed robberies. They hacked into sympathy or fear, were afraid to do their telegraph systems to monitor law duty.‖viii enforcement activities and cut telegraph Local law enforcement (where there wires to impede police operations. was local law enforcement) was Unlike romanticized, movie-inspired overwhelmed. Police had expanding portrayals of outlaws leaping from responsibilities, limited operating funds, horseback onto moving railcars, robbers and poorly trained personnel. Only the gained access by laying in wait and larger police agencies could afford to attacking when trains stopped at keep up with technology. The smaller refueling stations. Sometimes railroad agencies were forced to make do with tracks were dynamited or trestles were what they had—and what they had burned, with resulting injuries and death wasn‘t much. Federal criminal statutes to passengers and crewmen when train were all but nonexistent; state statutes cars derailed. Gawking passengers, were inadequate. curious to see why their train was ―held Even so, police worked with the tools up,‖ were sometimes shot for their they had. They printed and distributed inquisitiveness. wanted posters and shared information To avoid arrest, some gangs split up with neighboring law enforcement and escaped across state lines or agencies via telegraph. To help maintain territorial and international borders. law and order, they deputized citizen Others retreated to remote hideouts. posses and sought the assistance of Some gangs (the James Brothers, for private sector investigators. (Unknown example) made no effort to hide; so in local communities, private confident were they of community investigators could more easily conduct protection. covert investigations, especially in Federal response was lethargic. The situations where the outlaws controlled U.S. Army had jurisdiction over the the citizenry.) territories but the army was no good at The railroad and express companies, policing and already had its hands full needing to protect assets, fought back. dealing with Indian Wars. U.S. Marshals They pressured politicians to enact also had jurisdiction but were very thinly statutes such as the Pennsylvania spread, out-manned and out-gunned. Railroad Police Act (1865)9 and the They were often forced to deputize posses or seek assistance from citizen 9 On February 27, 1865, the Pennsylvania vigilance committees. Some frontier legislature enacted the Railroad Police Act — towns were lawless and dangerous. The the first act officially establishing railroad police. The act authorized the governor of the state to outlaws ―became terrors to the appoint railroad police officers, and gave community in which they lived. It was statewide authority to these officers. This act impossible to get the necessary provided the model legislation for the other evidence to convict them, as, to a states to follow. Norfolk Southern Police Department. History of Railway Police. 15 federal Mail Fraud Act of 1872 — the innovative investigative techniques country‘s oldest consumer protection developed by Pinkerton himself. 10 statute. They lobbied Congress to Pinkerton demanded the utmost make train robbing a capital offense. integrity from his operatives and instilled Railroad companies started up their in them a strict code of ethics. He hand- own police departments and lured picked agents for their intelligence, experienced police investigators away perceptiveness and courage and in from public service with offers of higher 1856 hired the first female detective in salaries. the U.S. — forty years would pass To protect shipments and property, before police departments began to hire express companies hired guards and women — and Kate Warne would become one of his most successful armed them with high-powered weapons. They reinforced strongboxes operatives. with iron stropping and bolted them to Working with technologists, coach and railcar floorboards. They telegraphers, and firearms experts, purchased heavy-duty safes and limited Pinkerton strove to ensure that his employee access to the combination agents had up-to-date training, the lock codes. They contracted private newest equipment and the finest detectives to relentlessly hunt down investigative tools. His agents perpetrators. participated in crime dramatizations and A standout agency of its time was role-playing exercises, learned to wear the Pinkerton National Detective disguises and assume various Agency.11 After enjoying a brief stint as personas. a detective with Chicago Police The Pinkertons incorporated science Department, Allan Pinkerton started up and technology in ways that presaged the agency in 1851. The ―Pinks‖ were and shaped the future of public sector highly successful in solving train and crime fighting, including crime analysis express company robberies, in no small and crime mapping: part due to guiding principles and So frequent and routine were the Gentleman Bandit‘s stagecoach holdups over the years that the
Pinkertons had been able to plot his The information was then telegraphed to 300 known criminals and described the main office in Chicago. When criminal ―methods of forgers, sneak warranted, mug shots12 and criminal thieves, robbers and swindlers.‖ It also profile data was relayed to Pinkerton provided tips to banks on entrapping and police investigators. 13 criminals before calling the police.14 The crime data was also used in Pinkerton was a founding member of reward posters and information bulletins an organization that became known as such as Pinkerton‘s Criminal Mug Shot the International Association of Chiefs of & Information Book that was provided to Police (IACP). As a director on the IACP members of the American Bankers board Pinkerton‘s vision for a Association. That book listed photos, centralized bureau to collect, store and descriptions and general information, maintain criminal data became a reality including handwriting samples, about in 1897 with the creation of the National Bureau of Criminal Identification. In 12 Invented and in use by 1851, the 1924, the records were permanently Pantelegraph, an electrochemical telegraph, transferred to the Federal Bureau of was able to transmit graphic images so that Investigation. ―together with the proclamation for somebody‘s arrest it can also provide a portrait of the The Pinkertons also developed a criminal.‖ Castella, Bjarne (n.d.) The secure method for sharing sensitive Predecessor of the Facsimile from the Last information via telegraph through the Century (Post & Tele Museum, Denmark) use of cipher text. Copies of the cipher 18 The Wild, Wild West: Part II Internet Milestones 1970: Electronic Mail (EMAIL). Text messages could ―If we aren't vigilant, cyber crime will turn be transmitted to recipients across the ARPANET. the Internet into the Wild West of the Researchers appreciated ease-of-use, informality and rapid transmission of messages. 21st century,‖ Janet Reno, U.S. Attorney General (1998) 1980: The User’s Network (UUNET). Distributed Bulletin Board Systems (BBSs) provided decentralized communication between One hundred years after telegraph geographically distant users. Using a modem and wires snaked across the U.S. continent, telephone, a participant could log into UUNET to new technologies converged once again leave a message and to read other users’ responses. Messages were typically grouped by to revolutionize the conduct of business topic into “newsgroups.” By 1999 there were tens of around the world: the microchip, the thousands of newsgroups participating. desktop computer, and the nascent 1983: The Transmission Control Protocol/Internet Internet. Protocol (TCP/IP) networking procedure was formally adopted by ARPANET and all In 1969, The U.S. Department of supplementary networks connected to it. Collectively Defense funded a network research those systems become “the Internet.” project to facilitate information sharing 1988: Internet Relay Chat (IRC). Users anywhere in between geographically distant nuclear the world could “converse” in real time with other users through exchanges of typed messages. physics researchers. Two years later, 1988: Search engines were developed to the ―ARPANET‖ project was deemed a categorize, index and sort through the massive success when four universities briefly amounts of knowledge that was accumulating: text communicated through networked files, images, and databases. computer terminals. 1989: Mailing Lists (Listservs). An automated process that enabled an email message to be As new network tools and transmitted to multiple users who had interest in the applications were developed, tested and same topic. refined in the next decade, more 1989: First Public Internet Service Provider (ISP): universities in the U.S., Canada and The World.com offered dial-up Internet connection Europe connected to the ARPANET, services available to the general public. making it the first international network. 1990: Management turnover. US Department of Defense moved classified data to its own network, Computer scientists and engineers MILNET, turning over management of the Internet to the National Science Foundation (NSF) through its who used the network were delighted. network, NSFNET. At its peak, NSFNET connected They no longer had to wait days for the more than 4,000 institutions and 50,000 networks postal service to deliver an important across the Unites States, Canada, and Europe. research paper from a distant colleague. Commercialization restriction is lifted. An electronic copy of the paper could be 1991: World Wide Web (WWW). The development of hypertext computer language and launch of “The retrieved through ARPANET in a few Web” provided easy access to information. minutes time — even if the computer 1992: Multimedia: First audio and video multicasts they retrieved it from was thousands of were successfully demonstrated online. miles away! 1993: Web Navigation Software (Browsers). The If struggling to solve a knotty physics earliest web browser, Mosaic, and later its commercial version, Netscape, incorporated text, problem, a researcher only had to type sound and video into an easy-to-use graphical out a single query, send it to an application that neatly integrated three Internet appropriate newsgroup such as technologies: web, email, and newsgroups. 1995: NSFNET transferred management of the 19 Internet to independent organizations. ―alt.physics‖ and request feedback from Other, more sinister characters other researchers. Replies from began to probe deeply into the Internet. colleagues were often immediate. In his novel, The Cuckoo‘s Egg: By 1983, networks, computers and Tracking a Spy Through the Maze of network software applications switched Computer Espionage, author Clifford to a standardized communication Stoll described a network intrusion protocol called Transmission Control incident that occurred in 1986. Stoll Protocol/Internet Protocol (―TCP/IP‖). recounted his tedious but patient With that changeover, ARPANET began tracking of an intruder through a to be called the ―Internet.‖ In 1984, the university network and into various numbers of terminal hosts (―users‖) military computers on MILNET. Stoll reached 1,000 and still even more traced the illegal activity to Markus universities signed on. By 1989 there Hess, a 25-year-old German citizen who were over 100,000 users. was recruited by the Russian KBG to hack into and steal sensitive information The Internet was no longer the from US military computing systems. exclusive domain of scientists and Stoll experienced a great deal of engineers using arcane computer frustration in attempting to gain the languages on mainframe computing interest and investigative support of law systems. Their orderly world was enforcement: becoming more chaotic: Students, unsupervised and relatively Stoll contacted various agents at the undisciplined, were now flocking to the FBI, CIA, NSA, and Air Force OSI. Internet, logging on from desktop and Since this was almost the first laptop computers. documented case of cracking (Stoll seems to have been the first to keep In November 1988, a 23-year-old a daily log book of the cracker's student named Robert Tappan Morris activity) there was some confusion introduced code into the Internet as to jurisdiction and a general network, as part of a research project he reluctance to share information (Stoll claimed he was conducting. Morris quotes an NSA agent as saying, ―We intended for his self-replicating ―worm‖ listen, we don't talk‖).xii code to measure the size of the Internet. Unfortunately, the code was flawed and The fledgling Internet was not built to caused thousands of computers logged guard against such attacks and onto the Internet to become penetrations. Internet engineers were inoperable.16 The ―Morris Worm‖ story given pause to consider what the long- was extensively reported in the news. term impacts might be. Network security became a hot topic of discussion. 16 Robert Morris was tried and convicted of World.com, the first commercial violating the 1986 Computer Fraud and Abuse Internet Service Provider (ISP) in the Act. After appeals he was sentenced to three United States, began offering dial-up years‘ probation, 400 hours of community connectivity to the public in 1989. Any service, and a fine of $10,050. He is now a World.com customer with a computer professor at Massachusetts Institute of Technology. 20 and a modem could dial-up, log on, and The Federal Networking Council cruise the Information Highway. (FNC), responsible for coordinating Navigating the complex architecture networking needs among U.S. Federal of the Internet network challenged the agencies, determined that the Internet skills of individuals unfamiliar with was ―a critical resource for the national complex computer command line research and education communities‖ syntax. The introduction of the ―World and concluded that the Internet Wide Web‖ and web browser ―…should be made available to the widest possible customer/user base with applications, such as ―Mosaic‖ and xiv ―Netscape,‖ helped to propel delighted the highest possible level of service.‖ users from email, to newsgroups, to As Internet Service Providers (ISPs) World Wide Web exploration, all from opened for business across the country, one user-friendly interface. growth rates escalated. In 1994, there In 1990, Department of Defense were three million users perusing migrated all classified information to a 10,000 newsgroups and 10,000 proprietary network and assigned websites. A year later there were 6.5 Internet management responsibilities to million users and the number of the National Science Foundation (NSF). websites had increased to 100,000. At the end of the year, about 300,000 The NSF quietly transferred its users were accessing the Information network management responsibilities to Highway. independent organizations on April 30, The Internet community of users was 1995. The Internet‘s doors were thrown excited about NSF‘s plans to open and wide-open for commercial business. The fully promote the Internet to commercial times, they were a-changing. enterprises. One Internet user (―netizen‖) From the time the National Science bemoaned the changes but also Foundation (NSF) assumed expressed hope for the future: responsibility for the U. S. Internet The Internet …was formed in an backbone, they anticipated a atmosphere of craftsmanship and transition to commercial use. There information exchange, which persists were a few commercial ventures in today. … Perhaps more important, the 1980s, like the Clarinet News the Internet culture supports open Service, CARL UnCover for scholarly communication. People answer documents, and the Computists' questions, make suggestions, and Communique electronic newsletter, freely discuss a myriad of topics for but the NSF acceptable use policy the satisfaction of participation and and Internet culture were largely perhaps some enhancement for their non-commercial. NSF is phasing out reputation — the payoffs are not their support, and commercialization explicit. This barter/gift-exchange is taking off — you can even order arrangement makes for a more pizza!xiii comfortable society than one in which every information transaction is explicitly compensated, and no 21 accounting is needed. This open culture is subject to abuse, but it has persisted for years on the Internet. Will increased commercialization end openness? Must it? Can we find policies that balance openness and marketplace efficiency? Social predictions are difficult at best, and the global nature of the Internet makes them even more difficult.xv At the end of 1996, the Internet community consisted of 12.8 million users and a half million websites. The Internet was primed to become Wild Wild West (version 2.0). 22 The Wild, Wild West: Part III Amazon.com opened a virtual bookstore in 1994, promising customers The dynamics of global growth are an enormous selection of new and used changing at least as profoundly as they books. In 1995, ―eBay‖ started an online did with the advent of railroads or auction service where users could sell electricity. The evolution of the Internet items by way of the Internet, and later as a pervasive phenomenon means that introduced ―PayPal‖ payment the traditional factors of production — processing for online vendors. PayPal capital and skilled labor — are no longer customers could send, receive, and hold the main determinants of the power of funds in 17 currencies. an economy.xvi Business Week Online (1999) All manner of goods could be ordered from the Internet and delivered In 1994 Forrester Research by regular mail or express companies. A predicted Internet sales would grow to few Russian websites even offered mail- $4.8 billion by 1998.xvii Only a few years order brides! Stock brokerages went later an even rosier economic forecast online, as did financial institutions. The was reported: Associated Press, CNN and other news media began to distribute information People are becoming more across the Internet. comfortable with the technology, and businesses are pushing web Online chatrooms spawned transactions as a way of reducing friendships, romances and sometimes costs and increasing efficiency. even marriages. On the seamier side of Efficiency and competitive pricing in the Internet, pirated software, hacker‘s the Internet‘s ―frictionless‖ tools, and child pornography images marketplace are expected to were freely distributed. Concerns were dramatically increase business-to- raised about the exploitation of children business sales over the Internet. by pedophiles. Several well-publicized Richard Prem of Deloitte & Touche arrests and convictions of huge expects business-to-business pedophile rings got the public‘s transactions alone to exceed $300 attention, but failed to deter the billion by the year 2002. Forrester pedophiles. In seemingly endless Research has predicted total web numbers they continued to slither sales of $1.45 trillion by the year through the Internet‘s underground. xviii 2003. Internet users developed their own jargon: IM (Instant Message), LOL (Laughing Out Loud), IIRC (If I Recall The business community had finally Correctly). Special interest groups awakened to the huge market potential formed social networking communities, in Internet sales and the rush was on. It interactive gaming and gambling sites, was ―Internet or bust!‖ Everyone wanted and discussion forums. Students a piece of the action and to flaunt the emailed bomb threats to their teachers newest status symbol: a web address. and mercilessly harassed other students 23 online. Grifters traded swindling the American public to embrace e- techniques. Commerce fully is preventing this Handheld wireless devices such as new form of business from reaching ―Smartphones‖ and ―Personal Data its potential. We are quickly eroding the trust in our society that has been Assistants‖ allowed users to ―go online‖ xix without the need for a telephone dial-up built up over the centuries. connection. Voice Over Internet Protocol Anxious to mitigate liability and stop (―VOIP‖) telephone services enabled loss due to credit card fraud and theft of clandestine phone conversations to be company intellectual property and held over the Internet — and under law customer information (―data leakage‖), enforcement‘s radar. businesses began to take security more Huge volumes of email, including seriously in the twenty-first century. junk email (―spam‖) and invitations to More robust security protocols and provide personal information to access controls were put into practice. fraudsters were transmitted across the Employee background checks became country and around the world. Express a more common practice. In-service companies delivered commodities that employee training on security and data had been purchased online. Commerce protection was initiated and acceptable was on the move and following the use policies were drafted and put into money, so were the criminals: effect. Corporations lobbied Congress xx The United States economy, for more protection. including the growing e-commerce Some businesses and government aspect of it, is increasingly agencies initiated customer awareness threatened by cyber economic crime. ―Internet fraud‖ prevention programs, Multiple studies still show that fraud, sending information in mailings and security, and privacy continue to be posting notices on websites — to little the primary detriment to the growth avail. Increasingly Machiavellian of e-commerce. Most economic ―phishing‖ and ―pharming‖ attacks crimes have a cyber version today. continued to elicit personal information These cyber crimes offer more from unsuspecting customers. opportunities to the criminals, with Opportunistic Internet outlaws used larger payoffs and fewer risks. the Information Highway as their Websites can be spoofed and personal road to riches. They used high- hijacked. Payment systems can be end computers and stealth technology compromised and electronic fund such as proxy servers, encryption, transfers to steal funds or launder steganography and phony (―spoofed‖) money occur at lightning speeds. email addresses. They probed for Serious electronic crimes and weaknesses in networks and hijacked victimization of the public have accounts to harvest information they caused consumer confidence to could further exploit for profit. waiver. These issues have also lead to growing privacy concerns and ―Around one in four criminals use demands. In turn, the reluctance of false identities, with identity theft 24 being both a means of masking the were averse to using computers. criminal‘s own identity and therefore (Parents were experiencing the same evading detection — as well as a problem at home: kids knew more about vehicle for committing further fraud computers than the adults.) xxi at a later date.‖ The larger police agencies could Teenagers who were bored and better afford to keep up with technology looking for excitement were recruited by but for the most part, it was old organized crime into ―hacker‖ (network technology: dumb terminals networked intrusion), ―carder‖ (credit card theft) and to mainframe computers. It would be ―phreaker‖ (telecommunication services well into the first decade of the new theft) gangs. Teens had a significant century before most police regularly sent and received email and used the advantage over investigators: time — time to learn and hone their skills. Many Internet as a resource and investigative were enticed by the promise of large tool. sums of money and scoffed at the idea The smaller agencies were forced to of being apprehended by law make do with what they had—and what enforcement. they had wasn‘t much. Some of them In 2001, Assistant U.S. Attorney didn‘t have computers, let alone email or Sean B. Hoar referred to identity theft as Internet connections. The smaller ―the fastest-growing financial crime in agencies felt ―high tech‖ if they used America and perhaps the fastest- facsimile machines. It was sadly ironic growing crime of any kind in our society, that grade school students had better, because offenders are seldom held faster computers than most police. accountable.‖xxii A few investigators had an interest in Perpetrators victimized multiple computers and taught themselves the victims in multiple jurisdictions, making skills they needed to investigate investigations especially challenging. ―cybercrime‖ and they shared their Others operated remotely from safe knowledge with other investigators. harbors such as Nigeria and Sierra In those days, we were working Leone and made no effort to hide. They without resources, real knowledge, knew U.S. law enforcement couldn‘t or awareness and exposure to touch them. computer violations. We were not In spite of the ongoing criminal experts. We worked hard to activities and threats to national overcome the critical gap between security, there was no Internet Highway the knowledge of those investigated and the knowledge of the Patrol to maintain law and order. Police xxiii were about twenty years behind the investigators. technology curve. Some of those early law The proliferation of desktop enforcement pioneers would later computers and boomtown atmosphere become founding members of computer of the Internet took police managers by crime-fighting associations such as High surprise. It didn‘t help that commanders Tech Crime Investigators Association 25 and International Association of struggling to get up to speed on the Computer Investigator Specialists. Information Highway: xxv Software developer companies Most agencies had no digital responded to law enforcement‘s request evidence unit or resource for forensic tools to assist investigators Most agencies did not find or to preserve and analyze digital collect digital evidence in most of evidence. Some of the early pioneer- their investigations developers were Access Data, ASR Data, Mares & Company, New Only half of state and local law Technologies, Inc., and Norton enforcement had attended digital Utilities/Symantec. evidence awareness and In September 2000, the National handling training Institute of Justice published results of a A majority had no policies survey identifying issues and obstacles concerning digital evidence that interfered with successful investigation of cybercrime. State and Investigators who had computer local law enforcement agencies reported forensic analysis training complained they lacked adequate training, that most of their commanders didn‘t equipment and staff to meet present and grasp the scope of the problem. Said future needs to combat electronic crime. one investigator, ―I finally got enough Among the findings, there was a training that I felt somewhat confident demand for: about my forensic skills and they rotated Uniform training and certification me back to patrol. All that training — courses wasted!‖ Development of electronic crime Other officers claimed that they were units appointed the ―computer forensic guy‖ because they knew how to boot up a Investigative and forensic tools computer. Another investigator complained Additionally, NIJ reported that about the procurement process. ―I‘d ―acquiring appropriate investigative ordered a new computer workstation to hardware and software poses one of the use in the forensic lab. It took nearly a biggest problems, as such tools are year for the purchase order to be often beyond the budgets of most law approved. The day I got approval was enforcement agencies. Findings the same day new computer models indicated a large gap between the went out on the sales floors. I was stuck: expertise and resources of many forced to buy out-dated technology!‖ cybercriminals and the agencies that investigate them.‖xxiv Federal criminal statutes were inadequate and needed updating. For Five years later another survey example, federal statute, 18 U.S.C. sponsored by NIJ demonstrated that law 1028, addressed the fraudulent creation, enforcement agencies were still use or transfer of identification 26 documents. There was no provision for to another agency and so on, until finally theft or criminal use of personal the victim gave up in frustration. information. Enacted on October 30, In another example of ―victim abuse,‖ 1998, the ―Identity Theft Act,‖ contained the Las Vegas Sun reported that 300 an amendment that criminalized fraud in victims requested assistance through a connection with the unlawful theft and 17 telephone hotline associated with the misuse of personal identification. Nevada Attorney General's Identity As late as 2007, some states still Theft Passport program that was set up were without criminal statutes to to ―help identity theft victims clear their address computer intrusion or identity name.‖ Not one of the callers received theft. any assistance whatsoever. According to the article, state officials said the lack Many of the cases involved of assistance was due to a lack of transnational investigations but police xxvii had limited means to seize foreign funding. perpetrators‘ digital evidence. The Meanwhile, the media constantly formal Mutual Legal Assistance Treaty broadcast news stories about millions of or Agreement (MLAT or MLAA) identities being stolen, traded, or lost. processes through U.S. Department of Internet sales were dipping. Some Justice Office of Foreign Affairs was far customers expressed reluctance to too time consuming. It took so long to make online purchases and expose process the paperwork that by the time themselves to identity and credit card the legal documents were in order, the theft, but it didn‘t really matter. Whether volatile digital evidence was no longer they shopped online or not, their recoverable. personal information was vulnerable to Local prosecutors refused to misuse from myriad sources: mail theft, extradite out-of-state suspects for ―small purse snatching, workplace data dollar loss‖ cases, even when the leakage — the list was endless. combined loss from multiple victims in The problems weren‘t exclusive to other jurisdictions was substantial — but U.S. police; law enforcement officers in not substantial enough to interest other countries were under similar federal prosecutors. Federal pressures. The London Metropolitan prosecutors weren‘t interested in small Police Force (the largest police agency dollar loss cases, either. in England), called for a national unit to Victims grew upset, feeling that their address the problem, warning that the ―U.K.‘s local police forces can ‗no longer complaints were ignored, which for the xxviii most part they were: 25% couldn‘t even cope‘ with e-crime.‖ get the police to take a report.xxvi Some It wasn‘t all gloom and doom; there agencies played ―pass the victim‖ — were some positive developments. local police referred victims to a federal In 1985, The California District agency, that agency referred the victim Attorney‘s Technology Theft Association (DATTA) applied for a grant to ―… train 17 Identity Theft and Assumption Deterrence Act San Francisco Bay area investigators (―Identity Theft Act‖), 18 U.S.C. § 1028 (a)(7). 27 and prosecutors in high-technology theft also the first federal agency — one investigation.‖ One program goal was hundred years later — to gather public ―To establish an organization base that and private sector cybercrime fighters will provide the nucleus for the together under a single collaborative development of a regional high- roof.) xxix technology theft prevention effort.‖ Some local police agencies also The goal was met in 1986 with the sought private sector assistance. In formation of the High-Technology Crime 1998, the State of New York initiated Investigator's Association (HTCIA) with ―Operation Sabbatical,‖ an investigation over 30 Southern California law of a group suspected of distributing enforcement jurisdictions participating. images of child pornography. Low on One of the first digital evidence resources and skills, the police analysis courses taught in the United contacted and vetted a computer user States was Computer Investigative group named ―Ethical Hackers‖ who Specialist (CIS) training, hosted at the agreed to provide technical expertise. Federal Law Enforcement Training Law enforcement officials obtained Center in Brunswick, GA in October 21 search warrants in 14 states and 1989. Trainees included criminal 4 countries, while the members of investigators from the Internal Revenue Ethical Hackers played central roles Service and the Canadian Tax and from their home computers. While Revenue Service. That same month, warrant-bearing police knocked on instructors for the CIS course met and doors of suspected members of the founded the International Association of ring, the members of Ethical Hackers Computer Investigative Specialists xxx effectively barred access to a (IACIS). discussion area in cyberspace where In 1995, the U.S. Secret Service child pornographers were known to started up a private-public partnership congregate, flooding it with known as the Electronic Crimes Task meaningless data to render it Force in New York City. It was unique in unusable. The idea was that if the that it comprised not only local, state members could not communicate, and federal law enforcement they would not be able to warn one investigators but also private industry another about the raids.xxxi and academia. By 2007, there were ―ECTFs‖ in 25 cities across the U.S.18 (It It was also noted that Internet was ironic that the Secret Service, ―netizens‖ were happy to assist law established in 1865 under the capable enforcement with cybercrime guidance of Allan Pinkerton, should be investigations, more so than with garden-variety street crime. Perhaps 18 Atlanta, Baltimore, Birmingham, Boston, this was so because amateur Buffalo, Charlotte, Chicago, Cleveland, ―cybersleuths‖ felt more comfortable Columbia SC, Dallas, Houston, Las Vegas, rendering assistance while safely Louisville, Los Angeles, Miami, Minneapolis, ensconced in front of computer Newark NJ, New York, Oklahoma City/Tulsa, monitors. (Or perhaps police had so Orlando, Philadelphia, Pittsburgh, San Francisco, Seattle, and Washington D.C. insulated themselves from their 28 constituencies they lost sight of the fact that most citizens were willing to help maintain law and order in their communities — both real and virtual.) In Florida, the Flagler Beach police department conducted, in partnership with a private sector vigilante group, an Internet sexual predator sting. Twenty- one men, including a police officer, were arrested for attempting to have sex with a minor.xxxii Chief Roger Free remarked, ―Teaming with private entities is the wave of the future.‖xxxiii It was the wave of the future? Clearly, Chief Free hadn‘t heard about Allan Pinkerton. 29 The Wild, Wild West: Part IV telecommunication systems, or selling stolen credit cards, they freely chat with This is the first time in American history peers about ―best practices.‖ that we in the federal government, alone, cannot protect our infrastructure. No longer are young hackers We can‘t hire an army or a police force boasting about defacing websites. Now that‘s large enough to protect all of they‘re involved in much more sinister America‘s cell phones or pagers or (and profitable) endeavors. As an computer networks — not when 95 example, an as yet unidentified group of percent of these infrastructures are ―hactivists‖ deployed virtual armies of computers infected with malicious owned & operated by the private sector. 19 Baley, U.S. Secretary of Commerce (2000) software ―bots‖ to attack Estonia‘s government, business and banking As we enter into the fourth decade of systems. Alarmed at the damage to the technology age, law enforcement national security, ecommerce and must prepare to respond to consumer confidence, Estonia‘s progressively complex cybercrimes, President Toomas Hendrik Ilves including information warfare. announced, Many states are developing highly ―It is a serious issue if your most sophisticated information and important computer systems go cultural warfare capabilities and down in a country like mine, where exploiting the pervasiveness and 97 percent of bank transactions are pliability of digital information to gain done on the Internet,‖ Ilves said. commercial or political ―When you are a highly Interneted advantage.xxxiv [sic] country like we are, then these kinds of attacks can do very serious Cybercriminals, including terrorists, damage.‖xxxv do a much better job of communicating among themselves than do the police. These rogue groups are also There is a cultural reason for the responsible for using bot-controlled difference. Police have traditionally kept networks to mass-email Internet users information closely held. They are with unwilling to share information with ―Pump and dump‖ stock offers and ―outsiders‖ — including other police other scams jurisdictions. Neither do most police officers spend appreciable amounts of ―Phishing‖ invitations designed to time engaging in online chat, developing lure consumers to phony websites and an understanding of online users behaviors, or familiarizing themselves with the Internet underground. 19 A ―bot‖ is an automated software program that executes certain commands when it receives a Conversely, cybercriminals spend specific input (like a ro-"bot"). ―Botnets‖ are hundreds of hours online, working to compromised networks of computers that perfect their tradecraft. After testing and criminals control of to distribute spam (to validating exploits, hacking into perpetrate more frauds) or malicious computer code to attack other computers. 30 trick them into entering identification, discovered after ―Irhabi007‖ (aka banking, and other critical information.20 Younes Tsouli) and two accomplices Organized crime groups are actively were arrested and later convicted of recruiting talented computer inciting murder using the Internet. programmers to steal millions of dollars and thousands of identities. ―Web Mobs‖ have developed into an international clearinghouse of stolen plastic card and identity documents ranging from passports, driver‘s licenses to student ID cards. … A very successful international framework has been created for criminals to buy and sell data and share their expertise with each other. Criminals no longer have to be specialists in all areas of fraud. They can simply learn how to steal data This image was found on ikbis.com, an Arabic and then sell it to someone who website. The caption reads: “Evolution of Thieves.” (Note: Arabic is read from right-to- manufactures cards and actually left. The photo should be viewed right-to-left) xxxvi commits the fraud, or vice versa. At the local level, police have On one computer belonging to the identified a correlation between suspect, forensic investigators found individual methamphetamine users, 37,000 stolen credit card numbers along identity theft, and organized crime. with personal information on the identity According to a press release issued in theft victims (account holder‘s address, April 2007 by Senator Maria Cantwell, date of birth, credit balances and limits). ―…the Spokane County [WA] Sheriff The three terrorists made more than found a meth connection in each of the $3.5 million in fraudulent charges using area's identity theft crimes. That same credit cards stolen in phishing scams. In year, Pierce County [WA] officials addition, they: reported that between 80 to 90 percent of the county's identity theft defendants Compiled shopping lists for items had either a pending or prior meth that fellow jihadists might need for charge.‖xxxvii their battle against the American and allied forces in Iraq, including global Further, identity theft and credit card positioning satellite (GPS) devices, fraud are funding terrorism. night-vision goggles, sleeping bags, Significant links between Islamic telephones, survival knives and terrorist groups and cybercrime were tents. Records show the men had purchased other operational resources, including hundreds of 20 Virtually all spam is now sent from hijacked computers. prepaid cell phones, and more than 31 250 airline tickets using 110 different One of the case investigators was credit cards at 46 airlines and travel reported to say, ―There is no law agencies. enforcement agency in the world that, if this wasn't a terrorism financing case, Al-Daour also allegedly laundered would follow up on this. They just don't money through online gambling sites have the resources.‖ -- using accounts set up with stolen credit card numbers and victims' Another credit card fraud exploiting identities -- running up thousand- Voice Over Internet Telephone (VOIP) dollar tabs at sites like surfaced in 2006. ―Vishing" uses AbsolutePoker.com, BetFair.com, automated dialing and transmission of a BetonBet.com, Canbet.com, recorded message that advises victims their credit card has been used illegally. Eurobet.com, NoblePoker.com and ParadisePoker.com, among others. Users are instructed to call a telephone All told, al-Daour and other members number to provide account verification by entering a 16-digit credit card number of the group conducted 350 xl transactions at 43 different online on the keypad. Other more wagering sites, using more than 130 sophisticated exploits will be developed; compromised credit card accounts. It VOIP technology is relatively new. didn't matter if they lost money on Malware will become more their wagering. Winnings were widespread in web pages, videos and withdrawn and transferred to online on opinion-discussion websites called bank accounts the men ―blogs.‖xli xxxviii controlled. Other wide open markets ripe for targeting with malicious bots and Investigators in the United States and abroad spent hundreds of hours phishing messages are mobile devices tracking the trio's financial activities and smart phones. These threats may across thousands of merchants in more especially impact first responders who than a dozen countries. use mobile technology. Police aren‘t the only ones who are Radio Frequency Identification scrambling to catch up with technology; (RFID) is emerging technology used to the judiciary is struggling, too. At the uniquely identify objects, animals and ―Irhabi007‖ trial, persons. RFID chips are being embedded in US and UK passports, The magistrate overseeing the trial, credit cards and identification. There is Justice Peter Openshaw, interrupted one reported instance of an RFID the proceedings with a statement security probe that successfully scanned that observers said stunned and read data on a passport that was prosecutors for the Crown. ―The sealed in an envelope.xlii Vulnerabilities trouble is I don't understand the are still being assessed, but it is certain language. I don't really understand that there will be future attempts to xxxix what a Web site is.‖ (Emphasis exploit RFID technology. added.) 32 In 2000, William C. Boni predicted devices may not be recognized as that ―techno-crimes… will continue to evidence repositories or they may be increase in intensity and sophistication recognized, but overlooked. on a massive global scale… the attacks Digital evidence acquisition, may become so prevalent and vicious processing and analysis times will that there will be an outcry for exponentially increase. governments to take action to stop outrageous violations of international Greater amounts of evidentiary data and national laws. These demands for will place demands on police evidence government action will come primarily storage facilities. Long-term storage of from businesses, especially those digital evidence on unreliable or involved in e-commerce whose defective storage media may expose businesses will be suffering major agencies to liability if data is lost or losses.‖xliii corrupted. The emerging field of digital Digital forensic training and evidence forensic analysis already equipment costs will challenge even the threatens to overload police resources, largest law enforcement agencies. with no sign of easing up. There will be Examiners must keep current with a steady demand for qualified experts forensic software tools and techniques. who can identify, investigate, collect and Further, as new digital devices are analyze digital evidence, both in the marketed and used or abused by public and private sectors. Demand is criminals, additional new forensic likely to exceed supply, especially if law training, hardware, software and human enforcement is unwilling to hire non- capital will be required to process and commissioned personnel. analyze the evidence. Procurement cycles must be shortened in order to Pay differential between public and keep pace with technology. private sectors will negatively impact police recruit applicant pools. Police will Because each digital device has its struggle to retain experienced own proprietary operating system, investigators and digital evidence forensic software developers will be examiners because private sector unable to stay abreast of production and employers will attempt to lure them proliferation of new devices. away with offers of higher wages, better As the emerging field of digital benefits and more attractive workplace evidence forensics matures, there will environments. be mandates necessitating certification Mass production coupled with and recertification of examiners, adding dropping prices will enable more more costs to be factored into police consumers to purchase digital devices, budgets. increasing the numbers of potential A digital forensic examiner recently perpetrators and victims. commented, ―It‘ll get worse before it Devices will continue to shrink in gets better. This is the Wild, Wild West size, but data storage capacities will version two-point-oh. We‘re on a expand. Easier to conceal, miniaturized 33 runaway train and the outlaws mean to derail us.‖ 34 The Wild, Wild West: Part V to assist in seizure and acquisition of digital evidence. Their strength would be Cybercrime, with its global reach, their technical skills; their weakness presents daunting challenges to law would be a lack of knowledge of enforcement, but challenges faced by evidence preservation. It may be more 19th century law enforcement are cost effective to teach evidence essentially no different than challenges preservation to non-police than to teach confronting 21st century crime-fighters. digital evidence seizure and analysis to We can overcome the obstacles and police. Possible sources for technicians reduce the impact of Internet crime by are: bearing in mind that there is nothing new under the sun. Information and network system administrators Computer science teachers or By the time I‘d finished my research I students had only one thought. ―We‘re doomed!‖ Computer programmers Fortunately Granddad‘s adage, that ―there‘s nothing new under the sun,‖ reminded me to look to the past for Qualified candidates could also solutions to future problems. assist with digital evidence analysis. Some candidates (or their employers) Twenty-first century investigators might even pay for their own forensic can emulate the tactics that Pinkerton software training and or certification. and law enforcement investigators successfully used to fight nineteenth 2. Ensure investigators have up-to- century ―high tech‖ crime. date training, equipment and Our agency operates with a less materials. than optimal budget, is under equipped Procurement Cycles: Meet with civic and often understaffed. We may need to administrators to discuss ways policies look at out-of-the-box solutions to might be revised so that police can keep acquire the technology skills, hardware up with technology. and software we need to stay abreast of cybercrime. Pinkerton‘s innovative Needs Statement: Prepare and business practices might be worth personalize arguments about how considering. Some ideas for failure to keep up with technology can consideration are: come back to haunt police and community administrators.21 1. Use innovative hiring practices; screen candidates for performance 21 Sheriff‘s Office Comments on Kylie Taylor suitability. Case (Clark County Sheriff: Press Release, Build a reserve or volunteer cadre of September 22, 2004) Sponsorships: To augment strapped Newsletter: Create an in-house budgets, community or business newsletter that summarizes news donations could be solicited. A nonprofit articles, surveys, war stories, product consortium of technology-based reviews, etc. Use email distribution to businesses could be formed to provide save printing costs. Judiciary and assistance, guidance and support. prosecutors could contribute articles, as ―Brand marketing‖ (discrete paid well. advertising on police equipment, for Roll Call Training: Technology example) could be a source of funds. experts and product representatives Public Relations: Police can apprise could be brought in to give brief talks constituents about lack of and need for about their area of expertise (e.g., skills training, hardware and software Internet Service Providers, cell phone and request the community‘s financial company representatives, or bank fraud support. An open solicitation fund- investigators). raising drive may be more successful than traditional tax-based requests. 4. Information management should Explain how community will benefit in be in a constant state of updating the long term. Consider using a theme and renewal. such as ―We can‘t help you if you can‘t Chiefs Meeting: Discuss regional help us fight cybercrime.‖ approach to information sharing. Draw up MOUs once agreements are 3. Make continuous learning a high reached. priority. Local: Evaluate extent of Mentoring: Request all personnel to communication with other jurisdictions. learn about technology trends, new Are we sharing information about products, threats, and forensic possible cross-jurisdiction cases (elderly techniques and share knowledge with abuse scams, mail box thefts, etc.)? others. How can we improve? Statewide: Are we receiving timely, relevant information from the data fusion justice.com/forums/viewtopic.php?t=1437&postd center? What needs to be changed to ays=0&postorder=asc&start=45>; (North make better use of the data? American Missing Persons Network: Kylie Taylor) Community: What about setting up a Decide upon a vision statement with Police to Citizens: A similar website respect to cybercrime, and then live the could be built to jump off the police-to- vision department-wide. Encourage business website. Information about businesses and citizens to live the same Internet scams, and fraud prevention vision. tips as well as neighborhood crime watch notifications could be distributed 6. Relationship building. either via the website or email. Cultivate relationships with Insist that citizens and students technology savvy constituents, both in become the first line of defense. Show the community and on the Internet. them how. Lead by example. Investigators should learn to use the same tools that the Internet 9. Public Relations. underground uses. Be honest with the community. Use community ―eyes and ears‖ (and Share successes, but also failures. keyboards) to stay abreast of threats, Send a message to the criminals that techniques and crimes in progress. cybercrime will be treated no differently Mentor ―netizen‖ activist groups. from street crime and aggressively Give community presentations on prosecuted. computer security, fraud, Internet safety, . and best practices. (Use experts if officers do not have the knowledge so i that they, too, will learn.) Keating, Anne B. and Hargitai, Joseph R. A Guide to Incorporating the World Wide Web in College Instruction. (New York University 7. Know thy enemy. Press 1999) p 13 Develop online informants. Learn ii (n.d.) Wiring the Continent: The about technology uses and abuses from Transcontinental Telegraph Line. IEEE The the people who use the technology. A Virtual Museum. vi Norfolk Southern Police Department. History of xvii Commercialization of the Internet (1994) Ibid. Railway Police. xviii The Growth of Internet Sales, Continued xxvi (2006) President‘s Identity Theft Task Force > p 61 Accessed April 2, 2007 Interim Recommendations (September 19, xxxv McKinnon, John D. (2007) Estonia Presses 2006) p 6 Available at Bush for Cyber-Attack Research Center e.do?command=viewArticleBasic&taxonomy Name=cybercrime_and_hacking&articleId=9 012406&taxonomyId=82&intsrc=kc_top> Accessed March 8, 2007 xliii William C. Boni and Kovacich, Gerald L. (2000) Netspionage: The Global Threat to Information (Butterworth-Heinemann: Massachusetts) p 238 40 In the lawless “Old West,” outlaws robbed banks & held up trains: Toby M. Finnie & Earl Moulton 1800s TRANSPOR- ORGANIZATION TECHNOLOGY COMMUNICA- COMMUNITY INVESTIGATION FORENSICS LAW PREVENTION TATION TION U.S. Law • Rode horses • US Army had • Had limited • Shared • Were sole • Collected • Fingerprint • Pacific • Incarceration Enforcement & used horse- jurisdiction over access to new information via enforcers, evidence, identification Railway Act • Public drawn territories technology telegraph sometimes with interviewed • Used hangings conveyances • US Marshals • Printed & (1851) & little, witnesses & extradition were few & far distributed telephone inconsistent, or victims processes to between illustrated (1877) no community • Analyzed bring outlaws to • Formed wanted posters support telegram justice specialized • Citizens headers for • Enacted state groups such as formed leads & federal railroad police vigilance legislation • Deputized groups (some private turned vigilante, investigators meting out • Deputized frontier justice) citizen posses Canadian Law • Rode horses • Established in • Complete lack • Reliance on • Formal • Acted as • Reliance on • Imported • Used existing Enforcement and used early 1873 as formal of technology, US facilities authority investigative, eyewitness viva British law and Metis and First (RCMP) US railways policing agency reliance on US until 1885 then preceded judicial and voce evidence authority Nations leaders modeled on telegraph reliance on settlement and custodial and lots of Royal Ulster services – public telegraph had full authority discretion to Constabulary reliance on community and introduce new acting as sole Metis and • Used by Gov't First Nations legal system LEA in advance Indian to scout support of settlement translators telegraph routes U.S. Private • Transported • Employed • Used • Used • Investigators • More • Fingerprint • Lobbied for • Designed Sector large sums of armed guards telegraph & telegraph to gathered & manpower, identification federal stronger safes • money & as agents & railroads to coordinate analyzed flexibility to act jurisdiction over Used physical commodities express men increase arrival & information quickly train robberies access controls via railroad, • Hired private business departure of about outlaws • Used women • Pursued to protect overland & sector revenue trains & from as investigators outlaws across shipments coaches & investigators • Purchased & shipments community • Investigators borders & into • Investigators express who were not supplied high • Used used crime foreign educated wagons constrained by powered hand “wireless” analysis, geo- countries business jurisdiction guns & rifles to telegraph mapping, & • Extradition owners; enforcement & overseas criminal laws revised provided mug security • Advertised & profiling shots & criminal personnel marketed via • Used profiles telegraph undercover • Warned of operatives; certain capture covert & prosecution operations of suspects Canadian • Banking • Jurisdiction • Made do • Utilized only in • Officials only • Not Used • Not used • RR PD est. • Not used Private Sector system moved extended over without rarest of engaged in 1885 – west with after 1/3 of continent circumstances investigations confined to RR legal authorities only property only well established constrained by US border U.S. Outlaws • Rode horses • Formed • Hired expert • Cut telegraph • Often • Gangs split • Wore gloves • Escaped Fear of loss of & used horse- outlaw gangs safe crackers wires received up to elude & masks to across state freedom or life drawn such as the • Used • Conspired via encouragement investigators evade detection lines or borders conveyances James explosives & telegraph , support & • Hid out in to evade Brothers, smokeless • Carefully shelter from remote areas capture Dalton powder planned community • Bargained Brothers, & the robberies • Recruited & release by “Wild Bunch” mentored promises to ―go • Recruited young men straight‖ family & • Threatened friends. witnesses • Used aliases • Wounded or & disguises killed innocents Canadian • Used • Outlaws • Limited or no • No organized • No community • Not an issue • Very little face • Had certainty • Certainty of Outlaws expanding US occasionally use groups support as to face crime of outcome with process and rail network to rode into requiring coummunity requiring formal system outcome access goods Canada but communication was comprised disguise and alcohol for returned on of settlers & trade into encountering ranchers Canada formal authority and lack of community support 41 In the Lawless “Old West” of the Internet, online outlaws rob banks and customers: 1900s TRANSPOR- ORGANIZATION TECHNOLOGY COMMUNICA- COMMUNITY INVESTIGATION FORENSICS LAW PREVENTION TATION TION U.S. Law • Few agencies • Form special • Some • Most • Too few • Investigators • Computer & • DAs refuse to • Ad hoc Enforcement proactively investigative agencies use communicate officers spread overwhelmed network bring action development of patrol the groups such as Internet as via telephone, too thinly to by sheer forensics due to programs by “Information USSS investigative email & cellular adequately numbers of exams jurisdictional interested Highway Electronic tool phones patrol the fraud cases conducted by a issues officers Crimes Task • Some • Some use Information • Take few agencies • Multiple small- Forces (US) & agencies cite PDAs, text Highway complaints, • A few forensic dollar loss Serious Fraud equipment, messaging • Citizens begin rarely follow up software victims reside Office (UK) personnel • A few use to form with applications are in multiple training costs encrypted vigilance & investigation in use jurisdictions as email, & secure vigilante groups • May suggest • Digital video • MLATS insurmountable web portals or victims contact forensics is process too barrier VPNs federal LE introduced slow • Make no • Federal LE • National ID attempt to be take complaints Theft Task proactive but rarely follow Force up established • Huge demands on LE resources • Offender data not collected Canadian Law • Lack of • Specialized • Skills, abilities • Communica- • Community • Only very • Forensics • Limited • Ad hoc Enforcement resources , units slowly developed to tion and lack of limited capacity capabilities lag availability of development of (RCMP) knowledge, developed be successful information knowledge to pursue cases behind the knowledgeable programs by skills and but with little access keeps demands • Evidence need prosecutors interested priorization of capacity to controlled by IT for service gathering •Lag time is and judges officers persons crime handle volume personnel relatively low impeded by increasing • Legislative reduces focus • Proactive without full existing process unable on Cybercrime overwhelmed regard to evidence and to keep pace by reactive operational jurisdictional with technology needs needs law Private Sector • Transport • Hire in-house • Lax • Telephone & • Costs of fraud • Intrusion • Employ • Lobby against • Some attempt large sums of investigators operational cellular phones, passed onto cases investigators tougher to educate money via (often former security plain text &/or merchants investigated with CFE regulatory consumers computer LE) practices with encrypted • Consumers • Fraud loss is training statutes about best networks & the • Employ IT respect to email, PDAs, charged higher cost of doing • Rely on • Privacy rights practices Internet security online banking text messaging, interest rates business network advocates •Financial professionals & operations web boards, • Targets of • Traditionally administrators protest data institutions consultants VPNs, portals burglary are thought to be to conduct analysis & close accounts • Some use wallets & credit uncooperative investigation monitoring that are VOIP cards; not with police breached by electronic fraud goods • Institute broad strategies for handling data leakage U.S. • Use the • Organized • Exploit • Telephone & • Receive • Act with • Use anti- • Aware that Cybercrime Internet crime, terrorists emerging cellular phones, encouragement impunity forensics jurisdictional Outlaws Highway as a involved technology to VOIP with , support & • Use (encryption, problems work road to riches • Form assist in encryption, validation from encryption, data shredders in their favor • Continue to distributed criminal email (with online peers steganography, & obfuscators) • Fear of “follow the networking activities encryption), • Recruit & proxy servers, • Hide prosecution not money” (via groups to share • Devote steganography, mentor others obfuscated information via a deterrence new tech such exploits, hundreds of PDAs, text to participate email steganography • Privacy as smart exchange credit hours to perfect messaging, • Share best addresses & protection laws phones, Voice card & ID theft skills; take web boards, practices operate from favor criminal over Internet information advantage of blogs, IRC information, safe haven • Light Protocol, GPS) • Pay for mentors • Use data, exploits countries to sentencing not • Bot-infected development of technology to • Develop new elude detection a deterrent computers spyware & contact & tools to & arrest controlled by keyloggers coordinate perpetrate “bot herders” • Opportunistic group activities crimes act on behest use of social • Develop new of organized networking ploys to criminals to sites such as defraud attack on broad MySpace.com consumers scale Canadian • “MafiaBoy” a • Process and • Criminals are • Quick • Creating own • Exploit • Use IT to • Exploitation of Cybercrime “script kiddie” procurement the epitome of identification of communities of jurisdictional distribute both existing laws Outlaws hacker, has far- capabilities far early adopters emerging interest and time knowledge and reaching impact outstrip those communication • Limited constrants tools to thwart of LEA technologies external impact LEA means further extremist positions 42 In 2000, things began to change… 2000s TRANSPOR- ORGANIZATION TECHNOLOGY COMMUNICA- COMMUNITY INVESTIGATION FORENSICS LAW PREVENTION TATION TION Law • “On scene” • All LE officer- • Data Fusion • Victim’s • Citizen • Computer • Through data • Council of • Citizens Enforcement investigations recruits are Centers (DFCs) complaints are vigilante groups forensics now fusion centers, Europe’s receive often consist of trained to promote real self-reported are organized, includes remote forensics Convention on government remote recognize time decision onto a & trained to acquisition & capabilities & Cybercrime sponsored best acquisition of digital evidence making by Universal work directly analysis of data assistance flow Protocols practices evidence devices; multiple Police Report with law • With court down to even ratified by 100 training upon • Digitally applicable jurisdictions that is verified enforcement authorization, the smallest nations purchase of “patrols” the criminal • Procurement by any PD prior • Law critical cases police agency • Countries digital devices Information statutes; & can processes to submitting it enforcement are forensically • Digital agree to enable • State/Federal highway via protect digital changed into it’s system relies on citizen analyzed in real evidence swifter governments spiders & bots, crime scenes • Increased • Decentraliza- groups & time retention & collection of enact “shall noting • Organize demand for tion: Cases are business • Solid state reliable storage digital issue” user deviancies & citizen Internet reliable data assigned to owners to devices enable capacities & evidence, licenses that abuse patterns Patrols “CIPs” retention & investigator(s) identify trends, terabytes of lengthening render mutual put onus for in to act as eyes storage according to target data to be times for assistance, & safe operation communication & ears, capabilities codified perpetrators & stored as forensic share & use of digital traffic reporting • Powerful indicators, prevent evidence analyses information devices upon • Becomes suspicious catalogue, which may escalation of • Statutory present unique • Best form of citizen-users; proactive as activity to Data index, search & involve multiple fraudulent changes challenges “law” will set compel well as Fusion Centers retrieval investigators activities. address both • Standards for out the basis manufacturers reactive; (DFCs) software working in • Voluntarism volume and both tools and for continual & software concentrating • Police developed different accepted in the timely nature of practitioners change of the developers to on prevention proactively use • Digital geographic analog world digit evidence will emerge law make low cost rather than just social media fingerprints are areas will become training prosecution and the eyes & required • Information acceptable in programs ears of authentication shared via the digital world available to consumers to secure wireless purchasers “patrol” the telecommunicat • Call-home Internet & ion systems mechanisms identify enable LE to antisocial track & recover behaviors, stolen digital fraud trends, devices. perpetrators & • Changes victims made to the underlying protocols – SMTP etc. – to better enable processes of authentication, non-repudiation and data integrity Private Sector • Routinely • Citizens • Newly • Businesses • Citizens • Businesses • Enables • Threat of store & participate in developed AI- may routinely attend digital regularly work product banishment transport CIPs & report driven track & device with LE to encoding & from digital financial & suspicious technologies anonymously workshops, prevent & RFID tracking devices other sensitive activities track usage report abuse earn prosecute to prevent becomes data on • Financial patterns & patterns, virus certifications in digital criminals piracy & effective networked Institutions deviancies attacks, etc to security • Prevention is copyright deterrent computers work directly • Mechanisms DFCs • Schools prioritized over violation • Development • Businesses with LE embedded into compel prosecution • Retains data of new must certify that systems & students to use files, images & detection & employees use software enable best practices surveillance analysis best security tracking to secure user videos technologies practices license through training • Will continue & testing to drive the development and rollout and applications of new technology Cybercrime • Rely less on • Use Internet • Continue to • Facilitate • Form • Adopt more •Employ anti- • Surveillance • Threat of loss Outlaws Internet & more to share stay a few mass temporary sophisticated forensics of society of access to on mobile information, paces ahead of mobilization alliances encryption & • Use full disk challenges digital devices technology communicate & LE (“flashmobs”) • Contract-hire activity-cloaking encryption to privacy, civil deters criminal such as smart plan • Increased via real-time rogue techniques to impede forensic liberties activity phones, PDAs • Exploit social stigma sharing of programmers counteract examination vulnerabilities against information • Use encrypted detection • Commission cybercriminals devices of offences for the purposes of technology , e.g.”happy slapping,” etc) 43 Cybercrime in the Year 2025 and encryption as methods of protecting data in cyberspace. Gene Stephens In some other areas, forecasts weren‘t as accurate. A fascination with In 1981, this author wrote: ―Data the embryonic field of nanotechnology from all areas of the [criminal justice] lead to a prediction of organic system will be computerized and cross- nanocomputers implanted in citizens‘ referenced. Computers will store the brains by the early 21st century and thus modus operandi of convicted felons, and forecasts of terrorists sending subliminal when a crime occurs, police may call on messages directly to the brain implants the computer to name the most likely of potential recruits, cyber extortion by suspects, or, in some cases, the exact hacking into brain implants and offender‖ (Crime in the Year 2000, The scrambling or threatening to scramble Futurist, April 1981, p.52). It seemed information in it, and the problem of quite logical at the time, but turned out persons with brain implants being to be overly optimistic, underestimating unable to separate virtual reality— the antipathy to change and the turf perpetrated by cyber offenders—from protection within the system. flesh-and-blood reality. In defense, it‘s The first paragraph of a still early 21st century—plenty of time for subsequent article was more on target: this technology and these disturbing ―Billions of dollars in losses have crimes to begin to appear. already been discovered. Billions more In the 1995 article, this author have gone undetected. Trillions will be was rather pessimistic about the short- stolen, most without detection, by the term capacity of police to cope with emerging master criminal of the twenty- emerging cybercrime: first century—the cyberspace offender‖ (Crime in Cyberspace, The Futurist, The outlook for curtailing cyberspace Sept-Oct 1995, p. 24). Admittedly crime by technology vague, it still seems to be a fairly or conventional law-enforcement accurate evaluation of the evolution of methods is bleak. Most cybercrime. agencies do not have the personnel In the same article, this author or the skills to cope with went on to correctly predict an explosion such offenses…. Cybercrime cannot of cellular time theft and phone fraud; be controlled by conventional increased cyber attacks and fraud methods. Technology is on the side against the government and business; of the massive credit card theft and fraud; cyberspace offender and motivation internal theft of identification of clients is high—it‘s fun, exciting, and by financially-struggling and/or greedy profitable (p. 28). employees of credit bureaus, banks, etc.; more cyber stalking and cyber As far as a suggested solution: porn, as well as cyber harassment and cyber vengeance; and use of biometrics 44 The only real help is one that has not will become a reality, as education, proven very successful in recent business, and entertainment also will be decades: conscience and personal increasingly computer based. values, the belief that theft, Roadways, Kurzweil forecasts, will be deception, and invasion of privacy automated and computer controlled, are simply unacceptable (p. 28). while human-robot relationships will be commonplace.[1] This approach could work, but Possibly the most renowned of unfortunately seems even more Kurzweil‘s predictions is the coming of ―pollyanna‖ today. So what can we ―the singularity‖—the melding of humans expect in the next few years? and machines. Kurzweil sees this process well underway by 2025, as Technology Explosion nanobots begin to surf the human bloodstream on search and destroy According to Ray Kurzweil‘s ―Law missions to combat pathogens, and data of Accelerating Returns,‖ technological nanobots augment human intelligence change is exponential rather than linear; and access to information. thus, ―we won‘t experience 100 years of Transhumans will be on their way to progress in the 21st century—it will be having within their bodies the capacity to more like 20,000 years of progress (at communicate and interact with others— today‘s rate)‖ (www.kurzewilai.net, humans, machines, and transhumans. published March 7, 2001). Predicting As for this author‘s forecasts, the advances and their impact on crime here goes: Computer/internet use will and crimefighting by 2025 then is become increasingly seamless, as analgous to reviewing the next 5,000 hands-free, voice-activated years of technological progress in communications and data entry and society. retrieval will be commonplace by the Kurzweil himself made several early teen years of this new millennium. predictions that could have major impact That will mean the world community has in the field of cybercrime, such as that moved a long way in a few short years, by 2010 PCs will be capable of as even in late 2007, when it was answering questions by accessing reported 1.25 billion people had access information wirelessly via the Internet to the internet, only about 2% of the (one prediction that arrived a little early). world population regularly accessed it By 2019, he held a $1,000 personal (www.internetworldstats.com). Science computer will have as much raw power fiction writer William Gibson, who coined as the human brain but possibly more the term ―cyberspace‖ in his 1982 short important, computer chips will be story, ―Burning Chrome,‖ forecasts a everywhere, embedded in furniture, ubiquitous fully-wired world—a single jewelry, walls, clothing, etc. Also by unbroken interface without need for 2019, he predicted computers and computers—will complete the evolution humans would communicate via two- to full access of all citizens of earth. way speech and gestures rather than (www.williamgibsonbooks.com). [2] keyboards. Virtual sex, via computer, 45 Whereas the Defense Advanced The geometrically-enhanced Research Projects Agency (DARPA) set capabilities of the emerging web up the internet and set it in motion technology spotlights the long-ignored (www.arpa.mil), DARPA will likely issues of who owns the worldwide overhaul its invention in the teen years, web, who manages the worldwide and not only will the outcome be faster web, and who has jurisdiction over and larger capacity usage, but by the worldwide web? The answer now virtually ―starting over‖ with the security is: nobody! Can the world‘s most aspects, the new internet will be safer powerful socio-politico-economic and more difficult to attack and disable. network continue to operate almost at [3] random, open to all, and thus Nanotechnology will increasingly excessively vulnerable to cyber impact cyberspace by the late teen criminals and terrorists alike? Yet any years, and in trying to gain the most attempt to restrict or police the web can advantage possible from its use, new be expected to be met by extreme security gaps (which could turn into resistance from a plethora of users for a nightmares if not handled carefully) will variety of reasons, many contradictory. emerge. For example, as data Another sound prediction would nanobots are implanted in the brain of be that the internet will become not only users (later organic bots will become an the number one means of integral part of the individual), special communicating, conducting business, attention will have to be paid to socializing, entertaining, and just ―living,‖ providing advanced firewalls to keep in the future but indeed will handle a intruders from cracking into the bots and huge majority of such interactions; thus terrorizing the recipient. Could there be failure to establish and enforce some a more frightening crime than having basic ground rules will lead to your brain-stored knowledge erased or socioeconomic disaster, at the very scrambled, or hearing voices least. threatening to destroy your memory If exchange of resources is to be unless you pay extravagant blackmail— accomplished almost exclusively over mindstalking? [4] the internet, anonymous surfing will be a Designer nanobots may also be potential threat and moving funds released on the worldwide web to without identification could perpetrate engender types of mischief and not only individual fraud but could destruction not yet contemplated. All bankrupt the system itself. Biometrics advanced technology has the capacity and more advanced systems of ID will to be used for good or evil, dependent need to be perfected to protect users on the developer/user, and nanotech and the network. In addition, would appear to be the ultimate multinational cybercrime units will be example, as it literally can be used to required to catch those preying on users develop nanosize weapons that could worldwide, as web surfers in destroy the world while providing Arlington,Virginia, USA, and Victoria, nanosize defense systems that could British Columbia, Canada, may be protect the planet. victims of cyber scams perpetrated in 46 Cairo, Egypt, or Budapest, Hungary. powerful central force controls all activity Coordination and cooperation will be in a seemingly free society. The keys to making the internet a safer place reaction in individualistic societies, such to travel and conduct business. as the U.S., would likely be similar to As we near the year 2020—with that in these fictional portrayals— its accumulation of 4,000 years rebellion with a goal of destruction of the equivalence of tech advancement from web of control. A counter force that the beginning of the 21st century—it could create a different type of harm for becomes more difficult to forecast, as the individual would be continuance of even the concepts, theories, and the policy of no control of the internet, formulae for the changes have not yet allowing often destructive activity—e.g., emerged from the plethora of ongoing harassment, terrorism and fraud— research and development. without jurisdiction and authority to But again, here goes: Every curtail it. Which would be worse would square meter of atmosphere hugging depend on which value dominates— the earth will be filled with unseen nano security (i.e., safety and order) or civil devices designed to provide seamless liberties (freedom and chaos). As communication and surveillance among always, the role of public safety in all all persons in all places. Humans will this is finding the balancing point, where already have nanoimplants to the degree of safety is enough to allow accommodate both the instant the pursuit of individual happiness. communications and identification capacity of the omnipresent network, Cybercrime Progression with everyone on earth having a unique Internet Protocol (IP) address. Nano As technology advances at a storage capacity being almost limitless, dizzying pace, so will the ways and all activity and utterances will be means of those wishing to use the recorded and recoverable. rapidly changing cyberspace as a Transparency will become increasingly tool/milieu for fun and profit or worse. In ubiquitous as word and deed—whether the immediate future, the increasingly spoken or acted out in anger, frustration, creative scams to bilk internet users of or as a joke—can be almost instantly their resources will continue, with compared to ―the record.‖ Can human literally scores of new schemes or even transhuman behavior evolve appearing daily on the worldwide web. rapidly enough to withstand such Sheiks, abandoned Russian women, scrutiny? If current laws were enforced and unclaimed lottery winnings will be with this level of supporting evidence, joined by relatives seeking heirs and who could pay for the prison space other electronic ―pigeon drops‖ yet required to carry out the mandated unimagined. punishment? For those who burn with faith or Another possibility would be the passion for a cause, the internet will perfection of The Matrix—envisioned by continue to provide a means both to Gibson and subject of a series of fleece infidels for funds to pursue their popular books and movies—where a goals, while at the same time providing 47 an avenue for recruiting others to their soon replaced by a multinational and flock, as well as presenting opportunities finally a worldwide net. While the net to target their enemies for economic and becomes more powerful as it grows, it even physical destruction via cyber also becomes more vulnerable to attack. terrorism. A shutdown of a regional net would Already the number one crime in create havoc, but the slack could be the U.S. and rapidly expanding picked up by other nets. However, if the throughout the internet world, identity worldwide net is closed, true chaos theft can be expected to increase at a ensues, leaving banks/customers at the faster pace and wreak havoc on the mercy of financial and social worlds of millions blackmailers/extortionists/terrorists. around the globe. It well may be that Thus, the larger the networks (e.g., the only way to gain control over this energy, medical, education; regional, profitable criminal enterprise will be the international, worldwide), the more suggested DARPA reconfiguration of critical security becomes. the web and its security apparatus. On the other hand, many may These, however, are short-term see a greater threat evolving from the crises, which thanks to the rapid pace of powerful technology available to thwart change will be outmoded by the cybercrime and, indeed, all criminal ubiquitous wireless communications activity. Authorities have long said, ―If network that should be fully evolved by you have nothing to hide, you have the middle to late years of the second nothing to fear‖ when talking about decade of this new millennium. police state surveillance capabilities. It What type of cybercrime will come with would appear that theory will be well the absence of computers and only tested by the evolving technology of the signals in the air to handle all social and next few years, as all activity will be economic activity is yet to be invented. seen and recorded and ready for Yet, unless a values revolution (whether retrieval and prosecution and then spiritual, religious, or humanistic in development of preventive strategies. origin) occurs and humans/transhumans Do we really want to live in a society choose to refrain from stealing, killing, where law is supreme, without recourse, and defiling one another, you can bet and mistakes are not allowed, where creative malcontents will develop new ―the record‖ is proof positive and there is methods to manipulate the system for no place for plea bargaining or their own ends. mediation/arbitration. Have we evolved In its quest for speed and to this level of ―perfection?‖ efficiency on the web, networks will grow in size and scope. For example, a Conclusion network including all branches of a large bank becomes a larger net when The future path through several banks merge and larger still cyberspace is filled with threats and when all banks in a region join to reduce opportunities, most of which cannot costs and speed service delivery. Then even be imagined at this time. With a national banking net emerges and is 5,000 years of technological progress 48 expected between 2100 and 2125, it‘s goods and services without government difficult to forecast the dilemmas that lie interference, but with a substantial ahead, but thanks to the creativity and threat to the economic and social lives genius of William Gibson, Ray Kurzweil, of individuals and society itself posed and others like them, some predictions by cyber offenders. have been made and can be used as a By 2025, it is likely the whole base for an examination of future concept of the internet and cybercrime cybercrime and crimefighting. may be passé—part of the dustbin of The internet as we know it— history. The greatest threat then might computers, websites, email, blogs, be the extreme difficulty of separating commerce, etc.—may be outdated as virtual (cyber) reality from physical soon as the early years of the next reality. Already psychologists warn that decade when a seamless, wireless perception is more important than truth; network of airborne signals received thus, if cyber reality is more convincing directly by transmitters in the than physical reality, does the virtual possession of individuals and nanobots world become the ―real‖ world? implanted in the bodies of individuals Welcome to The Matrix. handle all communication. At this point, cyber offenses will become very personal, as an attack on the web is a direct attack on the user—possibly even invading his brain and memory stored in neural networks. Notes As nanoscience advances to the point that bots in the atmosphere [1] Much more about Kurzweil and his capture and record all spoken and work can be found at: physical activity, the choice will evolve: www.kurzweilai.net and tightly control all human interaction by www.kurzweiltech.com. holding individuals responsible for every deed and action (each of which is [2] In addition to a brief review of his life supported by permanently stored and works, partially in his own words, at evidence) in a efficiently networked Gibson‘s ―official website,‖ worldwide web or allow creativity and www.williamgibsonbooks.com, a more individualism to emerge by refusing to complete listing of his full body of work set boundaries and jurisdictions on the can be found at internet, leaving it much as it is today— www.skierpage.com/gibson/biblio.htm. without management or enforcement. The former would curtail cybercrime and [3] For details on DARPA‘s role in make the web a safe vehicle for developing the internet, go to the communication, socializing, commerce, Internet Society website at etc., but at a substantial cost to privacy, www.isoc.org/internet/history/brief.shtml. freedom of speech, and other civil liberties. The latter would allow a free flow of information and exchange of 49 [4] For details on nanotechnology go to: www.crnano.org/whatis.htm and www.nanotech-now.com. 50 Street Crime in a Cashless Economy Identification Numbers (PINs) and passwords comprise knowledge-based Michael Buerger security. When the abstract money of a At some point, in the not-too- debit or credit card is presented as distant future, we will stop using money. payment, an additional abstraction (a Indeed, the old ―Life Takes Visa‖ TV PIN and/or a code printed on the commercials, in which the easy flow of reverse side of the embossed card) is commerce in various settings comes to required to validate the numbers visible a grinding halt when a patron tries to on the card. A thief who obtains the pay with cash or check rather than primary numbers needs a second set of swipe a card, is a harbinger of such a numbers or letters (presumably known transformation. Criminal enterprises only to the rightful owner) to use the depend upon the relative anonymity of primary string. When doubt arises, cash because it severs the link between numbers integral to complementary the crime and its profits, and the systems – the last four digits of a Social disappearance of a cash economy will Security Number (SSN), for instance – have implications for crime. serve to backstop the system-created The nature of economic safeguards (see note 1) transactions has changed through the The rise of identity theft years. The ―hard currency‖ of coins and necessitates a foolproof way to verify bars became abstracted into paper that the often-unseen individual representations: dollar bills, bearer presenting a number as payment is the bonds, and personal checks. Further rightful owner of that number. That abstraction into credit and debit cards search has taken a quantum leap from has permitted the wedding of commerce the four-digit PIN and the three-digit, with electronic communications: a printed security number on the back of series of numbers (whether on checks credit cards. The newest form of identity or on plastic cards) represents actual verification is one thought to be almost wealth held elsewhere, or potential invulnerable to the vagaries of human wealth. memory and considerably more Money transformed into numbers resistant to most ordinary forms of theft. conveyed across the electronic network It replaces ―what you have‖ and ―what changes the nature of security as well. you know‖ systems with ―who you are‖: At the present time, two models of biometrics. security exist—a third is emerging. The dominant security models are token- Biometrics based (―what you have‖) and Biometrics is not yet a mature knowledge-based (―what you know‖) technology, but it is rapidly developing, (Woodward, Orlans, and Higgins, 2003). expanding with the proliferation of digital Tokens include the form of identification media. Some banks already offer requested for paying by check (and in thumbprint verification for check- some cases by credit card), electronic cashing, and biometric identification is passkeys, and the like. Personal being encoded into U.S. passports. 51 Facial recognition software remains a predetermined code by the person. goal of security system developers, There are additional issues related to despite its early failures. this, of course, but they are explored in In controlled spaces, biometrics another elsewhere (see Buerger, 200x). already serve to verify the identity of Taking the concept one step persons seeking entrance into secured further, a biometric security code is and restricted areas. Joined to a simply a concrete string of numbers network of closed-circuit televisions verifying an abstract and randomly- (CCTV) in both public and private assigned string. The security code can spaces, biometrics represent a capacity easily substitute for the intermediate, for locating wanted persons, even within institutionally assigned numbers. the seeming anonymity of a crowd. The lack of accurate, In biometric security, a short inexpensive, hygenic, and affordable string of numbers (the check number or reader devices currently limits the use of 16-digit credit card number) is replaced the technology. However, once an by a long string of ones and zeroes that easily useable biometric verification represent visual patterns of a fingerprint system is in place, or at a ―tipping point‖ or iris pattern. The technology underlies level of use throughout the country, the Automatic Fingerprint Identification purchases and payments can be made System (AFIS) now in use throughout completely electronically, authenticated the United States. Its adaptation to by biometrics without any intermediate larger use is simply a matter of scale representation of cash or credit. and of social engineering. Each point-of-sale station will be Digital representation of a part of a web of direct communication fingerprint or iris pattern is unique to the between the point of contact, a network individual, independent of the of databases storing previously-encoded possessor‘s ability to remember, and so biometric ―identities,‖ and the repository lengthy when transformed into computer of each individual‘s accumulated or code that discovery by accident is all but potential wealth. Once a fully impossible. It has the additional developed system of electronic advantage of being less intrusively transactions is in place, it will be applied than DNA. possible to do away with cash. With a sufficiently developed The changeover will not be electronic background, a person can immediate, nor all-encompassing. It will change their biometric code much as be a convenience at first, they would change a computer accommodating the realities of an password. Ten fingerprints and two incompletely-distributed system. Once eyes to choose from (for most people) over the tipping-point, however, the allow mutiple iris-fingerprint, fingerprint- economics of the system will take over; fingerprint, and iris-iris combinations. the initially voluntary alternative system Changing from right thumb to left ring- will eventually become the only system finger, or any other combination, can be available. done at will, at any participating A parallel ―corporometric system‖ institution, or according to a must be developed to enable corporate 52 entities to participate in electronic foolproof electronic economy will not commerce. It is no more difficult to quell turf wars among gangs of implement than electronic signatures, or disenfranchised youth, drive-by revenge a highly complex UPC code, available to shootings, and the like. Domestic authorized corporate users, though. assaults, fights created by alcohol and Token economies based on cash stupidity, hate crimes, and a host of transactions will survive for a while. other forms of violence occur During this time, such systems will independently of financial motives. parallel the biometric system, as long as Nevertheless, we must anticipate both a it is possible to convert physical cash reduction of crime in some areas, into its electronic equivalent at some permutations in others, and a shift in point or another (overseas economies criminal enterprise to computer-based are the most likely ―other point‖). Once theft. the government no longer assures the value of the coin or bill, however, its Pawnshops worth in even local commerce is nil. Pawnshops and second-hand Forced conversion of even the most goods dealers have long represented hardened resisters will be a matter of the nexus between street crimes and simple necessity. money. The majority of shops and transactions are legitimate, but overt or Crime in a Cashless Society tacit fencing operations are the At first blush, the creation of a necessary link between criminal activity biometrics-based system would seem to and the general economy (see, e.g., be a boon for the criminal justice Klockars, 1983; Steffensmeier, 1986). system. While it might not curtail all Most cities have ordinances requiring forms of fraud, it holds the promise of panwshops to keep records and make drastic reductions in certain types of them available for regular inspection by crime. Street robberies, street-level the police, in order to identify and drug trades, bootlegging of stolen and recover stolen goods. pirated goods, certain firearms markets, Biometric codes would and some forms of welfare fraud all immediately identify anyone attempting depend to some degree upon the to pawn stolen property, linking the anonymity of the cash economy. transaction to a specific individual, and Cash is stolen to buy drugs, or for potentially to a specific crime. The use other personal use. Goods are stolen to of confederates is possible, but be fenced, traded in for a fraction of confederates are unlikely to place their value in cash. When cash themselves at risk once the efficacy of disappears, such economically- biometric tracking becomes known. motivated crime will either will disappear The entire premise of pawning – which is highly unlikely -- or be forced goods -- stolen or otherwise -- currently into forms of adaptation that should revolves around the cash economy, and diminish the illicit markets. the disappearance of cash may render Public mayhem of other sorts will the pawnshop industry obsolete. still be prevalent, of course. Even a Pawning is possible, though, with 53 electronic funds linked to banking of the drug trafficking industry are accounts. It requires that the owner of wedded to money. the property have such an account, Burglaries and robberies now however. support much of the drug trade at the The present parallel economy of street level, along with fraudulent ―fringe banking‖ services those who conversion of food stamps and other cannot or do not participate in the scrip. The interdependent economies of mainstream economy (see Canskey, fencing and drug trafficking require the 1994). Fringe banking may disappear if conversion of the tangible object into cash ceases to be a medium of cash at some point. A certain amount of commercial exchange, but to goods-for-drugs exists under current compensate, a larger ―electronic conditions, but there is always a cash umbrella‖ will be necessary. All citizens transaction at some point in the barter will have to hold accounts in mainstream chain. When that no longer is possible, institutions. Presumably, all the nature of the drug trade perforce mainstream institutions will be required must change. to service all citizens fairly, including When cash disappears, and the those on the economic fringe. Each of only means of purchase is a recorded, these steps represents a fairly major traceable electronic transaction, we can transformation for the respective anticipate an initial constriction of the community. drug markets, followed by adaptation. At the higher end of finance, The ideal result is a market constriction sham sales, or fees for ―consultant severe enough to drive addicts into services,‖ can easily mask the transfer rehabilitation programs. The of large funds from one account to documented history of short-term drug another. Because those events are market constrictions is not hopeful in relatively rare, they are likely to escape this regard, although at least one the automated pattern analysis that alternative – changing from one drug would identify sham transactions at type to another – would be far less much lower levels. A different level of available in a non-cash economy than in law enforcement and regulatory the current one. diligence will be necessary to cope with Short-Term Adaptation. Four such transactions. primary alternatives are available in the short term: a switch to ―home-grown‖ or Drug Markets self-produced drugs; targeted burglaries Anonymous, untraceable cash is for legal drugs; drug tourism; and the the life-blood of many criminal use of foreign monies (while they remain enterprises but none more than the illicit in use) as a black-market currency. drug trade. While sex and other Eventually, we should anticipate that the commodities may serve instead of cash drug trade will become an electronic at the low end (drugs themselves may chameleon, disguising its transactions serve as an economy, buying sex from through an ever-changing series of false ―crack whores‖ and certain other fronts, (discussed below under services) the middle and upper reaches 54 ―Adaptation‖) because the issue applies Targeted burglaries for legal to more crime than just drugs. drugs. ―Scrip mills‖ – doctors who write Self-Production. ―Home-grown‖ prescriptions for legal drugs in high marijuana has been a staple of the volume, with no medical justification (the American drug scene for decades. recent Oxycontin indictments are one Hydroponics and indoor production example) – will remain a route through capacities accelerated the marijuana which addicts can obtain drugs. market, boosting THC content and However, if paper money disappears, it overcoming the physical limitations of is probable that paper scrip will do so non-tropical climate and soil. Pot also (paper scrip is one potential form of remains a relatively mild drug, however, alternate currency for the drug- and is an unlikely alternative to harder dependent subculture). Prescriptions drugs. forwarded directly to pharmacies from The transformation of physicians‘ offices bring the physician, methamphetamine (meth) the pharmacy, and the patient under manufacturing from a product of greater and automatic electronic clandestine laboratories to a ―do-it- scrutiny. At most, the scrip mill will be a yourself‖ industry remains a problematic short-term accommodation, as any large possibility. The process is widely influx of addicts from the street will draw understood and involves the use of attention to the mill very quickly. More chemicals commonly employed for other circumspect operations will remain a purposes. A limited number of addicts boutique industry. will probably attempt to create similar The next most vulnerable target processes, the modern-day equivalent will be the homes of those who have of ―bathtub gin,‖ for their drug of choice. purchased drugs legally for legitimate While sales of medicines can be medical purposes. There are three tracked, the pharmaceutical industry broad models for this level of remains vulnerable to a variety of other adaptation. The first is simply serial threats: shrinkage at the manufacturing burglary until drugs are discovered. The source, hijacking in transit, and second is a variation of the first (serial shrinkage at the retail source are major burglaries that obtain drugs) where sources. Shrinkage can be controlled individuals target specific residences for through surveillance and competent return visits after the stolen drugs are inventory control measures, though replaced. Both are relatively low-skill such measures are themselves approaches that leave the predator vulnerable to corrupt insiders. Hijacking vulnerable to law enforcement. can be curtailed by GPS and RFID The third involves a greater skill tracking, and additional security level in computer hacking, targeting measures can make theft more difficult either doctors‘ offices or pharmacies to for individuals acting alone. All of these obtain prescription data. Burgling additional measures come at addresses known to have desirable considerable cost, which likely will be drugs, but with sufficient diversity of passed on to consumers. addresses to avoid or forestall capture, 55 may be the mark of the higher- system is fraught with additional functioning addict. potential risks that might imperil their At the present time, such a resort business model. would be limited to higher-functioning Token economies. It might be addicts, who have greater-than-normal possible for token economies, based computer skill level combined with upon foreign currency, to emerge in reasonably sophisticated burglary pocket areas of the United States, prowess. (Drug-sharing between particularly near ports of entry: land hackers and accomplished burglars is borders, cities, and metropolitan areas one possible networking adaptation, of with major international airports, etc. If course.) As more of the population that phenomenon develops, it may well grows up with computer skills beyond be accompanied by internal drug- those of the transitional generation, that seeking migration, creating equation may change. Police should concentrations of addicts in the zones anticipate a spike in burglaries, and of where alternative economies allow open incidental violence associated with drug markets to survive. home invasions. Since precious metals and jewels Drug Tourism. If drug tourism is have served as safeguards against possible, it means that there are cash currency fluctuations through the ages, transactions for drugs somewhere in the we can anticipate that they would world, and the drug traffickers remain in constitute the first resort of an business on the old model in other parts alternative currency for street level of the world. Those with the means to markets. The logical result would be an travel will do so, converting American upswing in burglaries and street electronic money to local cash robberies, at least in the short term. equivalents to purchase drugs in foreign locales. A quasi-legal variant of that has Street Robberies already been observed in the border- Street robberies would no longer crossing into Canada for cheaper yield cash, credit or debit cards, food pharmaceuticals. Returning to the stamps, or welfare cash cards. The country with sufficient quantities of proportion of robberies committed to drugs for long-term personal use will gain cash for drugs is largely remain problematic. undocumented, but they likely constitute Drug tourism, whether foreign or a fairly large proportion. Robbery for domestic, is a speculative adaptation. It jewelry or high-end sneakers remains a would require the acquisition and possibility, as anything that has importation of large amounts of foreign immediate value to the robber would still currency on a fairly regular basis. It be a target. might temporarily deflect fraud, We would not expect robbery burglaries, and robberies to foreign reports to disappear entirely, but they lands but would also have a ripple effect could become a category dominated by on border areas in the U.S. Drug the fringe elements of society that dealers might encourage the practice in operate purely local, token economies. order to retain their markets, but such a A homeless person hitting another 56 homeless person over the head for a New motivations for burglary may blanket or a whiskey bottle still arise. Since computer-based financial constitutes a robbery. transactions can be tracked, the smarter The most important impact would thief will not use his or her own likely be the reduction in violence computer to attempt to use stolen attending street robbery. Incidental codes. Concealing the trail initially will injuries that attend the low-violence not long delay the identification – crime of purse-snatching will be reduced indeed, the ownership of the receiving to a minimum, even if purse-snatching account will be more important than the continues for other reasons, such as IP number of the origin of the transfer – obtaining prescription drugs (see note but it provides a small cushion of time 2). for the robber to move. Welfare Fraud A secondary benefit in Firearms this area may be the reduction in On the surface, a cashless welfare fraud. The crime spike economy could be seen as a barrier to associated with ―Mothers‘ Day‖ – the unrestrained firearms market, robberies and burglaries for the cash leading to a reduction of firearms obtained when welfare checks are violence. Whether that would be the cashed -- would be abated. Direct result is not clear, although it is not linkage of appropriated funds to the unrealistic to hope for market individual client via biometrics makes it constriction. Political resistance is a impossible to claim that a welfare check, predictable countermeasure (an card, or scrip was stolen, in hopes of extension of the current political debate obtaining a replacement (or a second over gun control); the value of firearms check to augment the first one). in an underground token economy is another variable. Burglaries Having to purchase firearms in a It would be rash to anticipate the biometric system, automatically linking end of burglary. We tend to associate the buyer to their particular weapons, burglary with the theft of goods for would constitute a de facto registration resale for cash, but burglaries are also process in the view of the Individual committed ancillary to assault, rape, and Right of Ownership movement. The murder. Certain goods may also be impact on gun shows, currently an end- stolen for their own use, especially run around the requirements of the liquor, jewelry, fetish items, and small Brady Law, is uncertain, although as electronics; the targeted burgalries for long as parallel systems exist, we would drugs discussed above fit this category. expect firearms sellers and buyers to Thrill-seeking burglaries, those use the most anonymous form of committed to install eavesdropping exchange available. equipment (for salacious purposes, Perhaps the staunchest blackmail, or other purposes), and resistance to biometric commerce will break-ins of vacant premises for come from the NRA and other activists partying or other illicit activities will still who interpret the Second Amendment occur. as permitting individual ownership of 57 firearms. The political clout of the the threat of exposure, is another), but movement is likely to endure, electronic transfers cannot be stored forestalling additional gun registration separately in a freezer or a safe-deposit and tracking legislation. It is less likely box. They have to be available to the that the movement can require the candidate or office-holder, and thus are existence of cash solely for the vulnerable to scrutiny (unless the purposes of permitting untraceable payments are made to an avatar). firearms purchases. The political The end-game remains that all emphasis would probably shift to electronic transfers can be tracked, fostering legislation that exempted eventually. To be a criminal in the firearms purchases from data-mining electronic economy will require one to and certain types of government review, shift from one false identity to another an ephemeral gain at best. with sufficient speed and agility to Firearms will be highly prized forestall discovery by human commodities in any token economy, and investigators or an Artificial Intelligence gun ―swaps‖ – forearms traded for other system. Although older forms of firearms – is a likely countermeasure. criminal coercion will not disappear, the new criminal elite will be those who can Adaptation command expertise in rapidly-evolving The logical implication of the electronic technologies. foregoing issue is that the focus of crime We should anticipate a brisk will shift to beating the system or business in the creation and corrupting it. The former will probably maintenance of false on-line identities, continue to be the province of the lone both for individuals and for corporate hacker or small hacker network; the entities. There may even be a new latter will become the provenance of market for dissolution, ―electronic acid‖; organized crime. it is far easier, and considerably less Countermeasures. Gaming the painful, to alter digital fingerprints than system with false accounts and physical ones. Corruption of purchases is the first probable enforcement officials at all levels is a countermeasure for laundering money in potential countermeasure, but the a, supposedly, all-seeing system. Shell currency of such corruption would still corporation and sham buyers are be electronic (absent elements of already well-known features in the blackmail and other forms of coercion). landscape of fraud and money- From the perspective of the criminal laundering; the new criminal science will elite, the best defense will be the be the creation of algorithms that can corruption or control of the system‘s fool whatever automated scanning guardians. system is used to assure system Second Life is already drawing integrity. attention as its on-line economy has One potential change in this already ―broken the fourth wall (see note arena may be the nature of political 3), merging real funds with the token on- corruption. Cash is the primary grease line economy. While probably not yet so of most political corruption (blackmail, well-developed that it could serve as a 58 money-laundering network for illegal percent of market value. Fernandez‘s drug trafficking or other criminal more recent report suggests that the enterprise, it represents a plausible market constraints have not changed future. Though avatars are still significantly over the last quarter- anchored in their flesh-and-blood century. creators, Second Life represents a The nexus between the value potential multiverse of rapid-fire physical property and its electronic transfers, bifurcations, and representation has intriguing potential recombination of funds. That we, in our for crime prevention. Applying a relatively abstract contemplation, cannot biometric code to identify property (most envision exactly how it will be managed likely in the form of an RFID-encoded does not mean that entrepreneurial chip, at least in terms of current criminal minds are not already hard at technology) makes no more sense than work creating the possibilities. using the Social Security Number (SSN) in the current system: the frequency NOTES can be captured, the number stolen, 1 - The Social Security Number is a converted, and subsequently employed ―complementary‖ system because was in fraudulent transactions. The system originally established for a single, is effective only if it identifies the person exclusive purpose. It has since become exclusively. the de facto universal identification That said, however, the number for the Internal Revenue transaction itself may inextricably link Service. Though nominally not to be the property to the buyer, certainly in the used for identification purposes, the first instance and as long as the item is SSN is required for all financial accounts resold through electronic channels. as a way of monitoring income and tax Item-for-item exchanges would not enter responsibility. As such, it is embedded the mainstream data records, of course, in the customer databases of all but one of the interesting areas for financial institutions. speculation (and perhaps for the writing of law) is the means by which legitimate 2 - In legitimate pawning, the rightful ownership of any property may be owner surrenders the property; when transferred within an economic system the pawnshop serves as a fence (witting defined and monitored by biometric or otherwise), the thief presents the assurances. Whether the law would property. The two actions are otherwise recognize informal transfers, or require fairly similar: the cash value of a formal transfers of property for legal pawned item is approximately 30 exchange, is a matter of speculation. percent of the item‘s market Canskey‘s (1994) examination of (Fernandez, 2007). The most ―fringe banking‖ focused upon the accessible source of information about provision of economic services to a stolen property lies in Steffensmeier‘s socially disenfranchised layer of society. (1985) study of fences; his sources The attendant crime of pawning stolen indicated that fences paid a price for goods was acknowledged, but not fully ―warm‖ goods ranging from 25 to 33 explored. Nevertheless, police in every 59 major city routinely examine local pawnshop records in an effort to recover Bequai, A. (1981). The cashless society: stolen property. The anonymity of cash EFTs at the crossroads. New transactions is somewhat mitigated by York: John Wiley & Sons. registration requirements, but a biometric economic system virtually Bolle, R. M., Connell, J. H., Pankanti, S., guarantees identification of the thief. Ratha, N. K., & Senior, A. W. (2004). Guide to biometrics. New 3– ―Breaking the fourth wall‖ is a York: Springer. theatrical term for those moments when an on-stage character addresses the Brin, D. (1998). The transparent society: audience directly, through the invisible Will technology force use to ―fourth wall‖ of the stage setting. (While choose between privacy and we understand that our colleagues are freedom? Reading, MA: Addison- fully aware of the meaning, we are Wesley. conditioned to explain obvious-to-us terms by our students, who seem to Fernandex, M. (2007, September 14). have been sheltered from the liberal arts Cash to get by is still pawnshop‘s of our upbringing.) Here the term is stock in trade. The New York used in a parallel setting, casting Times. 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The above should not shock; time John Jackson spent doing one thing generally is time Bud Levin that cannot be spent doing something else. At the very least, it is likely that The Internet provides virtual the more time we spend on the Internet, space for both activities and the less time we spend building relationships. In many cases, the connections with our household parallel to physical space is compelling. members and our neighbors. Given the This short essay lays out some of those connections between community and parallels, some differences, and some crime prevention, it should be clear that implications for police and policing. our increasingly networked society In 1998, Kraut and colleagues creates the potential for vulnerability to (Kraut, Patterson, Lundmark, Kiesler, crime. Mukopadhyay & Scherlis, 1998), Happiness, too, is threatened by published an interesting paper entitled, the Internet and other rapidly changing ―Internet paradox: A social technology features of modern life. For example: that reduces social involvement and ―One of the key insights of psychological well-being?‖ The happiness studies is that people question mark is still with us. have a very hard time being Kraut et al. (1998) found that, ―… content with what they have, at greater use of the Internet was least when they know that others associated with declines in participants‘ have more. Today, technological communication with family members in change is so rapid that when you the household, declines in the size of buy something, you do so their social circle, and increases in their knowing that in a few months depression and loneliness.‖ (p. 1017). there's going to be a better, faster These authors were appropriately version of the product and that cautious about generalizing their you‘re going to be stuck with the findings. old one. Someone else, in other The article has attracted a fair words, has it better. It's as if amount of interest – it has been cited in disappointment were built into more than 700 publications in the acquisition from the very ensuing years. While some of the beginning (unless you're buying a underlying issues have not been laid to 70-inch plasma screen, in which rest, more recent research seems in case you should be fine for at general to support the earlier least a couple of years). There's conclusions, e.g., ―Longitudinal analyses no way to circumvent this from a large national panel of Americans drooping of the spirit, which suggest that using the Internet may lead creates dissatisfaction in the to declines in visiting with friends and heart of the modern consumer.‖ family. This effect is largest for those (Surowiecki, 2005, unpaginated). who initially had most social contact, 62 Few police prefer to work with or ―serve‖ unhappy people. Increasingly, thanks to 7. Is the Internet a conduit or [social] the Internet and other rapidly changing process? If it is process, it is not domains, that will be our lot. content-neutral. Rather, it shapes what passes through it. Consider how that The above putative effects of the might influence social relationships, both Internet are the tip of the iceberg. temporally and qualitatively. Also Consider the following, as they apply to consider whether the Internet can policing: function as a ―safety net‖ versus merely as a set of ―knowledge resources‖ 1. How are the anchoring effects of reference groups, perceived normality, 8. Huntington‘s (1993) clash of mores and norms affected by civilizations has implications for the participation in virtual ―communities‖? digital world as well. Consider again both conduit and [social] process. 2. How are identities, privacy, confidentiality, secrecy, the ―personal‖ 9. The umwelt of the line dog has affected by such participation? changed markedly. Cops have always been about relationships, including 3. How do communities and networks relationships with other cops. morph as we shift from physical to Increasingly, those relationships are virtual realms – and back? Dimensions becoming virtual rather than physical one might consider include and external to the organization or formal/informal, dynamic/static, organizational unit. Those new adaptive/maladaptive behavior, the relationships enhance the flow of mutual influences of physical and virtual information. Information breeds power. interaction, etc? Power to the line dogs will likely affect power relationships within the agency 4. What are the implications for life and but also have implications for training for policing of the differential use of the and other professional development, Internet by different social strata, e.g., cultural change, and officer the Pew datasets? marketability. 5. Technology increasingly is the way References the world works, but like the physical world the virtual world filters both Huntington, S. P. (1993). The clash of passively (effort required) and actively civilizations. Foreign Affairs (banning, expulsion, triangulation, etc). 72(3), 22. Retrieved September 15, 2006, from 6. When we talk about the ―global‖ http://www.foreignaffairs.org/1993 (economy, migration, etc), what is the 0601faessay5188/Samuel-p- virtual equivalent? Is the Internet a huntington/the-clash-of- solution to problems of jurisdiction or civilizations.html. just another problem? 63 Kraut, R., Patterson, M., Lundmark, V., Kiesler, S., Mukopadhyay, T. and Scherlis, W. (1998). Internet paradox: A social technology that reduces social involvement and psychological well-being? American Psychologist, 53(9), 1017-1031. Shklovski, I, Kraut, R. & Rainie, L. (2004). The Internet and Social Participation: Contrasting Cross- Sectional and Longitudinal Analyses. Journal of Computer- mediated Education, 10(1). Retrieved September 15, 2006, from http://jcmc.indiana.edu/vol10/issu e1/shklovski_kraut.html. Surowiecki, J. (2005). Technology and happiness: Why getting more gadgets won't necessarily increase our well-being. Technology Review. Retrieved September 15, 2006, from http://www.technologyreview.com /printer_friendly_article.aspx?id=1 401. 64 Insights into the Hacking seen more of these attacks and we don‘t Underground think this problem will disappear soon. Michael Bachmann & Jay Corzine Unless globally supported measures are taken, it can become a global problem‖ (Johnson, 2008, p. 1). The Exigency of Cyber-Crime The above example is merely one Research and Intervention incident of what have become a long series of high-profile hacking attacks Estonia, April 26, 2007. In retaliation (Aguila, 2008). Although warnings of the for the removal of a World War II-era societal-level threat posed by cyber- statue of a Soviet soldier, pro-Russian attacks on critical network hackers launched a month-long infrastructures have been heralded campaign that has become known as since the 1980s, it is only in recent the first war in cyberspace. Using a years that the problem has made it onto technique known as distributed denial- the radar screens of governments. of-service (DDoS) attack on a hitherto- Partly due to the experience of Estonia, unprecedented scale, the attackers the U.S. and other countries around the managed to effectively shut down vital globe are now reassessing the security parts of Estonia‘s digital infrastructures. situations of their key information In a coordinated effort, an estimated one systems. They are enacting new million remote-controlled computers security measures to better protect their from around the world were used to critical network infrastructures, and they bombard the web sites of the President, are increasing their readiness to the Prime Minister, Parliament and other respond to large-scale computer government agencies, Estonia‘s biggest incidents (NCIRC, 2008). In Britain, for bank, and several national newspapers example, Conservatives have recently with requests. The attacks were so proposed the creation of a new position massive that NATO rushed a cyber- for a cyber-security minister and a warfare team of international security national hi-tech crimes police squad to experts to assist the Estonian better combat the ―growing and serious government, and Jaak Aaviksoo, the threat to individuals, business and country‘s defense minister, described government […] that will continue to the attack as a national security escalate as technology changes‖ situation and requested that the (Johnston, 2008, p. 1). European Union classify it as an act of The implementation of effective terrorism (Landler & Markoff, 2007). In technological countermeasures against reference to the events in Estonia, hacking attacks is facilitated by the Suleyman Anil, the head of NATO‘s knowledge that has already been incident response center, later warned accumulated through computer science attendees of the 2008 E-Crime research (cf. Chirillo, 2001; Curran et Congress in London that ―cyber defense al., 2005; Erickson, 2008). Several is now mentioned at the highest level studies conducted by computer along with missile defense and energy scientists and computer engineers have security.‖ According to Anil, ―we have closely examined the technical details of 65 the various attack methods and have A particular challenge for researchers produced a significant body of arises from the various methodological information that can now be applied to obstacles entailed in the sampling of help protect network infrastructures cybercriminals. As a result of these (Casey, 2004). Unfortunately, the difficulties, available data sources are guidance provided by these studies is scarce, and quantitative studies, such limited to only the technical aspects of as the annual CIS/FBI Computer Crime hacking attacks and, in contrast to the and Security Survey, are limited to substantial amount of knowledge surveys of cybercrime victims. At this already gathered about how the attacks point, only a few qualitative case studies are performed, answers to the questions (eg. Mitnick & Simon, 2005; Schell, of who the attackers are and why they Dodge, & Moutsatsos, 2002; Taylor, engage in hacking activities continue to 1999, 2000) and biographies (eg. remain largely speculative. Today, the Mitnick, Simon, & Wozniak, 2002; persons committing the attacks remain Nuwere & Chanoff, 2003) exist that mysterious for the most part, and examine individual hackers; their information about them continues to be motivations, preferences, and hacking only fragmentary. careers. While such studies are well The current lack of information suited to provide in-depth insights into concerning the sociodemographic the lives of a few individuals, they are characteristics and the motives of unfit for providing generalizable cybercrime offenders can be attributed information about the population of to a number of issues. One of the main hackers at large. Yet, just ―like in reasons can be traced back to the traditional crimes, it‘s important to try to unfortunate circumstance that, until understand what motivates these people recently, mainstream criminology has to get involved in computer crimes in the underestimated the potentially first place, how they choose their targets devastating societal impacts of and what keeps them in this deviant cybercrimes and has diverted only behavior after the first initial thrill‖ limited attention to this relatively new (Bednarz, 2004, p. 1). type of criminal behavior (Jaishankar, The aim of this paper which is excerpted 2007; Jewkes, 2006; Mann & Sutton, from the first author‘s dissertation 1998). Cyber-criminology is only now research is to begin filling the wide gap beginning to evolve as a distinct field of in our knowledge about hackers and the criminological research, and it has yet to hacking community by providing the first overcome many methodological and quantifiable insights into the hacking theoretical problems that other areas in underground. Such insights are needed criminology have already solved (Yar, to create a more profound 2005, 2006). Law enforcement understanding of the nature of the threat responses have also been slow to and a more complete assessment of the develop and are hampered by several problem and its solutions. The characteristics of cybercrimes, notably identification of the reasons and motives the frequent location of perpetrator and behind cyberattacks is not only victim in different states or nations. beneficial for the effective direction of 66 investigation and prosecution efforts and experts (Grecs, 2008), thus making it resources; it also helps to better identify the ideal candidate to gather information the actors‘ behaviors, to develop better about the larger population of hackers. countermeasures, and to make IT Since its first convening in 2004, systems safer. ShmooCon has developed into one of the largest annual conventions Research Design worldwide. Today, it is the largest hacker convention on the East Coast, The goals of the study were to provide and it is attended by both U.S. and generalizable answers to the questions international hackers and security of who hackers are and why they hack. experts. The 2008 convention was held To achieve these goals, the research over the weekend from Friday, February project was designed to produce 15 to Sunday, February 17 in the quantifiable results that are more Marriott Wardman Park Hotel in representative and can be generalized Washington D.C. It was attended by a to a wider target population than those total of 800 hackers and security from previous qualitative case studies of experts. Of those, only hackers who had hackers (Jordan & Taylor, 1998; Taylor, broken into computer systems, 1999). A survey was developed and networks, or websites illegally, i.e. used for data collection (Boudreau, without an explicit permission from an Gefen, & Straub, 2001), because authorized party, were selected for the surveys are the data-collection method study. This restriction systematically best suited to produce quantitative excluded about one-third of all results that can be generalized to other attendees, who either claimed to hack members of the population of interest only when legally contracted for testing and oftentimes even to other similar purposes or attended the convention populations (Newsted, Chin, simply because they were interested in Ngwenyama, & Lee, 1996). The survey computer security issues but had never consisted of a total of 72 items and committed an actual hacking attack. The gathered detailed information about the final sample consisted of 124 various phases of the respondents‘ individuals, yielding a response rate of hacking careers. It embodied items approximately 25 percent of the eligible pertaining to the initiation of the hacking attendees. activity, its habituation, and the eventual desistance from hacking. It further Findings assessed several other details of the respondent‘s hacking activity, including The study shows that the common a variety of involved decisions and stereotype of the hacker as a clever, but motivations. lonesome male adolescent whose The survey was fielded during the 2008 computer proficiency compensates ShmooCon convention in Washington social shortcomings barely begins to tell D.C. The ShmooCon convention was the whole story of hackers‘ identities. selected because its profile attracts a That is not to say that this stereotypical wide variety of hackers and security portrayal of hackers is completely 67 mistaken. Several aspects of the appearances. Their physical stereotype were indeed confirmed by expressions of individualism ranged the survey results as well as the from extravagant haircuts and hair researcher‘s personal observations colors, to unusual clothing styles, to during the conference. The participants large tattoos on various body parts, in this study were indeed highly sometimes even on faces. educated, intelligent persons who The two most important inadequacies of focused their intellectual interests on the hacker stereotype seem to be the technological developments. Ninety notions that hackers are invariably percent of all respondents had at least young and that they are socially inept. some college education, and over one- The average hacker in the sample was fourth (27 percent) had attained either a 30 years of age, a finding that calls the Masters or a Ph.D. degree. Many of common notion of the prototypical these technophiles appeared to be hacker as a delinquent teenager (Yar, equally inventive, creative, and 2005) into question. It is reasonable to determined. These personality attributes assume that the higher average age in emerged in several findings, including this study of convention attendees was the predominant role of inquisitive caused by the sampling frame of this motives for hacking activities, hackers‘ particular research project. The unusually high confidence in their attendees‘ profile at the ShmooCon general decision-making ability, and convention was geared more toward their typically extensive portfolio of security experts and computer various attack methods. professionals than to teenagers who Consistent with the dominant pursue their hacking interests merely as stereotype, the convention attendees a leisure-time hobby. Thus, while the were also predominantly male (94 per distribution in this particular sample is cent), and minority hackers were rare certainly not enough to refute claims exceptions. Over 93 percent of the that the majority of hackers are hackers in the sample were Whites, a teenagers, nevertheless, it indicates that fraction that substantially exceeds their the hacking community is by no means percentage in the U.S. population. limited to youth. To the contrary, it Another noteworthy finding is the fact involves many mature security experts that Asians (5 per cent) were the largest and many seasoned hackers who minority in the sample. This result pursue their hacking activity in a reflects the racial distribution in most IT professional manner. The data clearly professions (Zarrett & Malanchuk, show that hacking is not just a ―young 2005). The near uniformity with regard man‘s game.‖ The oldest active hacker to the sex and race distributions, in the sample was 52 years old, and he however, stood in sharp contrast to the reported to have been hacking for close strong emphasis of many attendees on to three decades. Most importantly, the individualism. Many hackers conveyed data also revealed that hackers undergo their individualistic nature in a maturation process over the course of conversations with the researcher as their hacking careers and that the more well as through their physical experienced and seasoned hackers 68 tend to be the most dangerous ones. The falseness of this assumption was They are more likely to attack higher further reaffirmed by some of the profile targets, and some engage in their observations the researcher made illegal hacking activities with financial during the convention. Most attendees profits as their primary motivation. appeared to be outgoing and sociable. Young and inexperienced hackers can Many attended the convention together certainly cause damage with their with their friends, and most of the activities, but the study shows that these attendees seemed to share a distinct hackers attack primarily private targets sense of humor and mingled quickly. and do so out of intellectual curiosity, Certainly, the informal observations love for knowledge, experimentation, or during the convention and the finding boredom. Many hackers first become that hackers are skilled in manipulating interested in hacking in their teenage and ―programming‖ other persons, years, and, typically, they are not driven oftentimes managing to exploit the trust by a pronounced initial criminal intent or or carelessness of other computer users the desire to make financial profits. As for their hacking purposes, are not their hacking activities continue to sufficient evidence to strongly reject of become habitualized, however, many of the notion that hackers are social them develop into more professional hermits. It might be that the sociability of and ambitious hackers. Over the course hackers is limited to interactions with of their hacking careers, many intensify likeminded technophiles and that, their hacking activities and begin to also although many appear to be skilled attack higher profile targets such as manipulators, genuine and affectionate governmental and corporate information social relations are of lesser importance systems. Some hackers even reported to them. Additional examinations of the having turned their once merely deviant social networks of hackers; including juvenile behavior into a criminal their amount, frequency and quality of business activity. A total of 15 percent of interactions with close contacts, the all respondents said that hacking has types of contacts they engage in (face- become their main source of income to-face or online), and the importance and that they would reject a target they attribute to these social contacts, unless it was profitable. Undoubtedly, are needed. these experienced veteran hackers The debate about the sociability of should receive the bulk of attention from hackers aside, one of the most law enforcement. important findings of the study was the Although the comparatively high fraction significant role of social hacking of unmarried hackers showed that many methods. While many persons think of of them may indeed be hesitant to hacking attacks as performed solely engage in serious relationships and through technical means and exploits, commitments, the vast popularity of they are in fact more diverse and social hacking methods and their high oftentimes involve a combination of success rates also indicated that the technical methods, social methods, and commonly presumed social circulations of different kinds of incompetence of hackers is misleading. malicious code, such as viruses or 69 Trojan horses (Erickson, 2008). In the This very high success rate for social context of hacking attacks, the term methods was one of the most surprising social methods denotes a variety of findings in this study. It demonstrates attacking techniques that can be that the popular image of hackers as summarized as attempts to establish social hermits who launch their hacking and subvert trust relationships with attacks solely through remote computer victims or to predict the behaviors of and network technology, or even do so victims. Once such a relationship is mainly to compensate for social deficits, established, the attacker tricks the victim has to be revised. The opposite seems into revealing information or performing to be the case. Hackers seem to be an action, such as a password reset, for socially capable persons who know how example, that can then be used in the to successfully manipulate and trick attack. To gain a clearer picture of the other persons. Moreover, the study prevalence of each of the three types of showed that hackers who combine attacks and to obtain a better social and technical attack methods understanding of the composition of were the most successful ones. The typical hacking attacks, all three types of common perception of hacking attacks attacks were assessed independently. as being executed solely through The separate analyses of the technical means and the perception of three main hacking techniques showed hackers as socially incompetent are that many hackers combine social and most likely part of the reason why the technical methods and launch attacks danger posed by social engineering that are comprised of both tactics. The attacks is oftentimes underestimated. more detailed examination of Unless these perceptions are revised preferences for certain types of and the awareness of social hacks is technical hacking attacks confirmed that raised, social engineering methods will many hackers combine different predictably continue to be very reconnaissance methods with different successful and will continue to pose a intrusion and cover-up techniques. Of serious threat to individuals and the different technical methods to gain organizations. access to a system, the various Different from social and technical techniques to obtain passwords were attack strategies, which were very the most frequently used. These results popular and oftentimes used in suggest that the classic exploitation of combination, the reported distribution of password weaknesses remains popular malicious codes was rare. Thereby, the today. Overall, the success rate surveyed hackers demonstrated having reported by all respondents showed a strong preference for directed attacks that, personally, they estimated about on selected targets over widely half (48 per cent) of all their technical dispersed and randomly distributed intrusions to have been successful. attacks without specific targets. It While a close to 50 percent success rate appears that phishers, spammers and of all technical intrusions is high, the virus coders are a group of estimated success rate of social cybercriminals that is distinctively methods was even higher (62 per cent). different from ―traditional‖ hackers. 70 Policy Implications present, and many of them do not lead to swift or severe punishments (Brenner, The conclusions that can be derived 2006). The continuing unlikeliness of from this study are not limited to punishment is particularly problematic contributions to the scientific discourse because it severely undermines any about cybercrime offenders. They also efforts to deter criminal behavior in hold some important implications for cyberspace. Indeed, the findings of the efforts to combat cybercrimes. Experts present study demonstrate that many agree that current strategies to combat hackers are aware of the slim chances this threat face a multitude of challenges of being detected and punished. The that have to be addressed. Aside from current improbability of becoming the resource shortages and other prosecuted even led some hackers to practical difficulties, law enforcement report that they have never been afraid efforts to combat cybercriminals are also of being apprehended or prosecuted. hampered by a shortage of substantive Furthermore, the risk awareness of most and reliable information that can be hackers seems to decrease over time as used for the creation of offender profiles. they repeatedly learn that their actions Detailed profiles of the different types of have no negative consequences for cybercriminals, their skill levels, and them. their motivations are critical because Nevertheless, several findings from this they provide helpful guidance for study also signify that deterrence can be ongoing investigation of cybercrimes a successful strategy to prevent and, thereby, increase the effectiveness cybercrimes. The study revealed that of current prosecution efforts. A more many hackers have a nuanced risk effective response by both the criminal awareness. For example, the majority of justice system and the private sector is hackers report having become more urgently needed—not only because it concerned about risks in recent years, a would increase the number of convicted finding that suggests that increased cybercriminals but, more importantly, efforts to combat cybercrimes do not go because it would also have a preventive unnoticed in the hacking community. deterrence effect on the larger hacking Furthermore, many hackers evidently community. distinguish between the chances of In relation to law enforcement, the becoming detected and apprehended findings of this study suggest that the and the consequences of these two creation of a deterrent effect through events. Most importantly, the data also enhanced apprehension and indicate that the most successful prosecution is an essential component hackers are the ones that also have the of efforts to combat cybercrime. highest risk awareness. Thus, these Unfortunately, present efforts to curb hackers seem to be the ones that are cybercrimes are hardly suited to most susceptible to changes in risk accomplish this goal. Despite the estimates. annually increasing number of Deterrence undoubtedly is an cybercrimes, only a relatively few high indispensable component in the control profile cases are successfully tried at of all criminal behaviors, but is seems to 71 be particularly suited to prevent middle-class computer experts from cybercrimes. Unlike other, less becoming involved in computer crime. deliberately acting types of criminals, Unquestionably, the establishment of hackers plan their hacking attacks, and effective deterrence efforts as an they oftentimes do so in an explicitly integral part of cybercrime prevention rational manner. Consequently, they strategies will not be an easy should be more easily dissuaded than undertaking. The vast range of criminals who commit their crimes cybercrime activities and the multitude spontaneously when opportunities arise. of different offenders considerably Taken together, the findings of this complicate the selections of the most study suggest that a more pronounced appropriate deterrence policies. deterrence perspective needs to Strategies that are most effective for become a central addition to the existing leisure-time juvenile hackers will most technical approaches to cybercrime likely be unfit to deter destructive prevention. However, merely adding computer-security experts or other deterrence as one separate component seasoned hackers from attacking will not suffice. To be effective, a computer systems for monetary gains. deterrence perspective has to be Nonetheless, deterrence should be integrated into currently existing national pursued as a mitigation strategy, policy efforts beyond the criminal justice because even limited accomplishments system. One promising approach to can prevent some crime incidents and establish deterrence policies in the provide some protection from an private sector could be directed at increasingly serious problem. businesses and organizations. The Companies in branches that typically study showed that most hackers pursue employ hackers can certainly be legal careers in legitimate jobs and particularly helpful in deterring computer companies. Organizations and crimes, but the results of this study also companies that offer IT security services indicate that all companies and or are otherwise attractive to hackers organizations need to do more to should be encouraged to promote actively prevent victimization, regardless awareness of the potential of their branch. The analysis of the consequences of committing different hacking methods showed that, cybercrimes. For example, they could of the three main types of attack distribute information about methods, social engineering attacks are punishments that have been given to the most successful ones. It also convicted computer criminals as well as revealed that the various methods to other informational materials that obtain user passwords, whether the directly highlight what constitutes a systematic guessing of weak or crime under the law. Other informal standard passwords or the theft of user control mechanisms, such as extra-legal logins, remain the most common ways social stigmata or the systematic hackers gain access to their targets. introduction of negative effects on job Thus, it seems that the weakest points opportunities, might also be strong of companies and organizations are incentives to prevent particularly young, their employees. Corporations have to 72 educate their employees about social of criminological research and the hacking methods. They need to raise development of successful strategies of awareness of the seriousness and prevention and apprehension by law frequency of the problem, educate their enforcement and prosecution by the staff about the wetware tactics courts. commonly used by hackers, and give them instructions of how to avoid References becoming victimized. The education of employers, while Aguila, N. (2008). The fifteen greatest definitely an important protective hacking exploits: The birth of measure, is not the only contribution hacking. March 16. Retrieved that will be required from organizations. from They also need to start reporting all their http://www.tomshardware.com/20 victimization incidents to the authorities. 08/03/14/the_fifteen_greatest_ha The current situation, in which many cking_exploits/index.html. organizations refrain from reporting incidents to protect their own interests and thereby harm the interest of all Bednarz, A. (2004). Profiling businesses, needs to be changed cybercriminals: A promising but because, unless more incidents are immature science. May 3. reported, computer crimes are unlikely Retrieved from to become controllable. The benefits http://www.networkworld.com/sup and detriments of a mandatory reporting p/2004/cybercrime/112904profile. system are debatable, but a reporting html. requirement would certainly benefit efforts to manage cybercrimes. It would Boudreau, M. C., Gefen, D., & Straub, put law enforcement agents in the D. W. (2001). Validation in position to decide which cases to devote information systems research: A their attention to rather than be state-of-the-art assessment. MIS dependent on the willingness of Quarterly, 11(1), 1-16. organizations to submit their cases in order to press charges. Concluding, it has to be pointed out that Brenner, S. (2006). Defining cybercrime: cybercriminology is only just beginning A review of state and federal to develop and our knowledge about Law. In R. D. Clifford (Ed.), cybercrime offenders remains Cybercrime: The investigation, fragmentary at best. The present study prosecution, and defense of a yields some important insights into the computer-related crime (pp. 13- composition of the hacking 94). Durham, NC: Carolina underground, and it sheds some light on Academic Press. the motivations and maturation processes of hackers. Nevertheless, it is but one step toward the establishment of cybercriminology as a distinct subfield 73 Chirillo, J. (2001). Hack attacks Johnson, B. (2008). Nato says cyber revealed: A complete reference warfare poses as great a threat with custom security hacking as a missile attack. May 2. toolkit. New York: John Wiley. Retrieved from http://www.guardian.co.uk/techno logy/2008/mar/06/hitechcrime.uks Curran, K., Morrissey, C., Fagan, C., ecurity. Murphy, C., O'Donnell, B., Firzpatrick, G., et al. (2005). Monitoring hacker activity with a Johnston, P. (2008). Tories want new honeynet. International Journal of cybercrime police unit. March 07. Network Management, 15(2), Retrieved from http://www.crime- 123-134. research.org/news/06.03.2008/32 36/. Erickson, J. (2008). Hacking: The art of exploitation (2nd ed.). San Jordan, T., & Taylor, P. A. (1998). A Francisco: No Starch Press. sociology of hackers. The Sociological Review, 46(4), 757- 780. Grecs. (2008). ShmooCon 2008 infosec conference event. April 25. Retrieved from Landler, M., & Markoff, J. (2007). Digital http://www.novainfosecportal.com fears emerge After data siege in /2008/02/18/shmoocon-2008- Estonia. The New York Times. infosec-conference-event- August 25. Retrieved from saturday/. http://www.nytimes.com/2007/05/ 29/technology/29estonia.html?pa gewanted=1&ei=5070&en=15ee9 Jaishankar, K. (2007). Cyber 940d96714da&ex=1188187200. criminology: Evolving a novel discipline with a new journal. International Journal of Cyber Mann, D., & Sutton, M. (1998). Criminology, 1(1), 1-6. Netcrime. More change in the organisation of thieving. British Journal of Criminology, 38(2), Jewkes, Y. (2006). Comment on the 210-229. book 'Cyber crime and society' by Majid Yar. September 09. Retrieved from Mitnick, K. D., & Simon, W. L. (2005). http://www.sagepub.co.uk/books The art of intrusion: The real ProdDesc.nav?prodId=Book2273 stories behind the exploits of 51. hackers, intruders & deceivers. 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New Directions for Child and Adolescent Development, Nuwere, E., & Chanoff, D. (2003). 2005(110), 65-84 Hacker cracker: A journey from the mean streets of Brooklyn to the frontiers of cyberspace. New York: Harper Collins. Schell, B. H., Dodge, J. L., & Moutsatsos, S. (2002). The hacking of America: Who's doing it, why, and how. New York: Quorum. Taylor, P. A. (1999). Hackers: Crime in the digital sublime. London and New York: Routledge. Taylor, P. A. (2000). Hackers - cyberpunks or microserfs. In D. Thomas & B. Loader (Eds.), Cybercrime: Law enforcement, 75 CYBERVICTIMIZATION conception of force or coercion against a victim. What constitutes ―force‖ for Jeri N. Roberts these offenses is somewhat flexible but Tina Jaeckle commonly will involve a physical Thomas A. Petee element. Consequently, ―crimes against John P. Jarvis persons‖ is sometimes used interchangeably with ―violent crime‖, One aspect of computer crime although they are not fully synonymous. that has been underdeveloped in the With conventional criminality, there is a cybercrime literature is victimization. notion that personal crimes require a More specifically, there has been a certain degree of propinquity between paucity of information on the victimology the offender and victim, as is the case of cybercrime – characteristics and with most instances of crimes such as demographics on those individuals and assault, murder, rape or kidnapping. organizations that are victimized by Although there are exceptions (e.g., a cybercriminals. Do they look like the situation where a sniper shoots a victim victims of conventional crime, or are at some significant distance), the vast they different in some respects? majority of these types of personal crime Moreover, as the cyber landscape do involve direct contact between the continues to evolve, will victim offender and the victim. Computer- characteristics change to any significant related crime, almost by its very nature, degree? can be devoid of this type of physical contact. A cybercriminal can use TYPES OF CYBERVICTIMIZATION computer technology in such a way as to at least initially remove him/herself The nature and variety of from direct contact with the victim. victimization with cybercrime in some Consequently, personal cybercrime to ways parallels the complexity we see some degree becomes a misnomer, so with conventional criminality. A long that these offenses could be almost standing distinction has often been described as ―impersonal‖ personal made in criminology between crimes crimes. against persons and crimes against There are a wide variety of property. That same distinction can be behaviors that could be classified as made with computer-related crime, personal cybercrime, ranging from although there are some unique relatively minor vandalism-type offenses elements that occur with cybercrime that to more serious, threatening behavior. blur that distinction and which may More specifically, there are a number of change the nature of criminal personal forms of cybercrime which victimization in the future. have generated a good deal of attention: Personal Forms of Cybercrime ● Cyberstalking: generally defined as Crimes against persons, or the use of the internet, e-mail or other personal crimes, usually involve electronic communication devices to situations where the offender uses some repeatedly harass or threaten an 76 individual (Department of Justice, 1999). Economic and Property-related Some experts view cyberstalking as an Cybercrime extension of offline stalking – a preexisting problem exacerbated by Crimes against property usually technology (Ellison & Akdeniz, 1998). involve situations where the victim suffers some type of economic loss or ● Online threat-related extortion: where property damage. Economic loss can an offender uses threats sent through e- be something that is tangible, as with mail in order to extort money from the most situations classified as theft, or victim. more abstract, as would be the case with the loss of productivity resulting ● Disruption of services: where from criminal activity. Property damage individuals are targeted for the certainly involves an economic element disruption of computer-related but is usually related to the replacement telecommunication services through or restoration of the damaged property. techniques such as mass spamming or With cybercrime, property-related the transmission of computer viruses. offenses encompass many of the same types of behavior seen with more ● Online sexual predation: primarily conventional types of crime but involve situations where pedophiles and other the use of computer technology to sexual predators solicit underage facilitate the offense, often in new and children online, usually in chat rooms innovative ways: (see, for example, any of the cases featured on Dateline NBC‘s ―To Catch a ● Phishing: ―Phishing‖ is a general term Predator‖ series). for criminals‘ creation and use of e-mails and websites – designed to look like e- The volume of personal mails and websites of well-known cybercrime victimization is likely to legitimate businesses, financial increase in the coming years. As more institutions, and government agencies – and more people gain access to in order to deceive Internet users into computers, and particularly to online disclosing their bank and financial forms of communication, they will find account information or other themselves at risk for being victimized personal data such as usernames and by some form of personal cybercrime. passwords. The ―phishers‖ then take The popularity of chat rooms, instant that information and use it for criminal messaging and other online purposes, such as identity theft and communication forms increase the fraud (Department of Justice, 2007). likelihood of exposure to potential victimization by predatory individuals. ● Identity Theft and Identity Fraud: Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or 77 deception, typically for economic gain (Department of Justice, 2007a) ● Hijacked Websites- This type of cybercrime involves situations where ● Hacking: Hacking is a term used to attempts to view a website (most describe situations where a secure commonly a popular webpage or a computer system is breached and search engine) are redirected to an perhaps altered. The best analogy in alternative website designated by the conventional crime for hacking would be hijacker without the consent of the user. criminal trespass and vandalism. There are any number of motivations for this type of offense, most frequently ● Cloned Websites: This usually those associated with hacking and involves the creation of a mirror version computer-related fraud, but recent of an authorized website, where internet incidents include hijacking perpetrated users are lured into the cloned website for political retaliation, such as the case believing that they are entering the in 2007 where Chinese hackers hijacked actual authorized website. Information several popular search engines and obtained from the users (i.e., credit card redirected them to Chinese websites information or personal identifiers) can after President Bush warmly welcomed then be used for fraudulent purposes. the Dalai Lama to the United States. ● 419 Scams: The ―419‖ in the name of All of these exploits noted above both this type of cybercrime refers to continue to be descriptive of the nature Section 419 of the Nigerian Criminal of cybervictimizations today and will Code. This is a reworking of the likely continue into the foreseeable classic ―bait and hook‖ scheme future. The character of these where the e-mail recipient is lured victimizations may change, but the use into providing personal information and exploitation of individuals that utilize such as bank account numbers with computing devices is a virtual certainty the promise that they will be given a that law enforcement and the share of millions of dollars if they communities they serve will confront in help the sender move funds out of the future. the country. The 419 scams typically depend on the greed of the e-mail References recipient, although they sometimes also prey on the goodwill of the Department of Justice. (2007a). Identity intended victim by framing their story theft and fraud. Retrieved around some catastrophic event September 27, 2007, from (e.g., the source claims to have http://www.usdoj.gov/criminal/frau recently lost his/her parents, or d/websites/idtheft.html. alleges that they are dying of some disease). There numerous variations Department of Justice. (2007b). Special on this scam, with more recent report on ―phishing.‖ Retrieved examples seemingly originating from September 27, 2007, from the United Kingdom. 78 http://www.usdoj.gov/criminal/frau d/docs/phishing.pdf. Department of Justice. (1999). Report on cyberstalking. Cyberstalking: A new challenge for law enforcement and industry. A report from the Attorney General to the Vice President. Retrieved September 27, 2007, from http://www.usdoj.gov/criminal/cyb ercrime/cyberstalking.htm. Ellison, L., & Akdeniz, Y. (1998). Cyber- stalking: The regulation of harassment on the Internet. Criminal Law Review, Special Edition: Crime, Criminal Justice and the Internet, 29-48. 79 What Role and Responsibility Does the old and young, are not able to give the Government Have in Protecting meaningful consent to the use of their Consumer’s Rights to personal information and are not aware Privacy/Security on the Internet? of the consequences when they respond to requests for it on-line. Andy Bringuel Ask most people if the Wayne Rich government should be responsible for warning the public about possible Consumer privacy and Internet threats to their privacy/security and they security are not mutually exclusive will give you a quick answer in the concepts, as it is often the consumer‘s affirmative. The public expects privacy/security that is threatened by warnings on all known and potential actions taken sometimes intentionally, threats whether natural or man-made. sometimes not. The government has Should the public expect the tried a couple of times to legislate government to warn them about the Internet privacy with the threat posed on the Internet? Should Communications Decency Act of 1996, the casual Internet user be warned that which was ruled unconstitutional by U.S. their identity can be easily stolen, or that District Court Judge Dalzell who stated: they could be propositioned or taken ". . . the strength of the Internet is chaos, advantage of by visiting certain so the strength of our liberty depends websites, opening certain files, or upon the chaos and cacophony of the answering certain emails, participating unfettered speech the First Amendment in drawings, etc? At what point does the protects." government‘s responsibility end, and If Judge Dalzell is correct that the how effective are these warnings strength of the Internet is chaos, then anyway? the strongest users are those who The government does warn understand how to exploit that chaos. If people not to break the law through that is the position of government, that public service announcements. We chaos is an acceptable state for the know through these messages not to Internet, then it follows that the drink and drive, to wear a seatbelt, and government should be responsible for at not to copy licensed materials for least warning those who venture into personal use or profit. Certainly, having this chaotic environment. Those the government warn us about possible interested in regulating the Internet are threats to our personal privacy/security aware that personal information, like is not new. Perhaps the first warning medical records, credit card information, from our fledgling government could be and information used by minors, can be attributed to Paul Revere who warned easily used by unscrupulous marketers colonists Samuel Adams and John or identity thieves. These pieces of Hancock that the British were on the personal information are frequently march. In today‘s government there are protected only by a simple password the modern day equivalents of Paul which can be accessed by a clever Revere. These agencies, like the cracker. New Internet users, particularly Department of Homeland Security, have 80 a responsibility for issuing terrorist threat What about man-made threats? warnings through the color-coded Historically, these warnings come well terrorist warning system. There are after the threat has become real and the other regulatory agencies warning the victims or families of victims demand the American public about a number of government act more proactively. possible threats, including not to eat Groups like Mothers Against Drunk bagged spinach and the dangers of Drivers (MADD), who lobbied for smoking. No doubt millions of taxpayer stronger penalties against drunk drivers, dollars are spent every year in also promoted a public awareness developing, drafting, and disseminating campaign warning people about the these messages from Uncle Sam. evils of driving while intoxicated (DWI). There are precedents for the The direct result might have been an government issuing warnings to the increase in DWI arrests, but the indirect public on issues that the populace might result was more lives saved. Many be ignorant about or where there is a special interest groups might not be as direct threat. In natural disasters, the altruistic in their motives. The Motion government‘s ability to provide warnings Picture Industry of America (MPIA) is has been greatly enhanced by interested in protecting the profits of the technologies, the result being fewer motion picture industry and successfully fatalities. It is now an expected role of lobbied for legislation mandating our government to warn its populations warnings labels that state copying being threatened by hurricanes and protected materials is a felony impending severe storms. If the punishable by fine and prison. government fails in this area, agencies So an Internet Personal Security are severely criticized and politicians are campaign that provides education and a voted out of office, as was seen in New warning to the public about the evils of Orleans after Hurricane Katrina. blindly or ignorantly surfing the Internet Tornado warnings also are issued by might serve the interests of business as the government and disseminated well as educating the general public. through the public, as well as private, Companies like AOL and Comcast do sources. In fact, it is good and ―big provide their users some free software business‖ for local and national T.V. to help protect from unwanted materials stations, like the Weather Channel, to found on the Internet, including filters to pass along weather related warnings to keep out pornography and blockers to the public keep away annoying pop-up ads, but Perhaps computer companies should the government legislate that like Dell, Compaq, Gateway, and these companies and others do more? Hewlett Packard would be willing to There are really three areas bundle a government sponsored where the government could require educational program on protecting warnings regarding Internet dangers. personal privacy/security while online. Legislation could be passed requiring They then could have the ―bragging‖ that all manufactures of computer rights for future marketing campaigns. equipment include a Personal Internet Security users learners‘ guide that 81 would include warnings and an encourages all users to access educational module before allowing the www.http://ilearn.isafe.org to take a computer‘s web browser to operate. Personal Internet Security Could there be ways around this educational training class before requirement? The new user could using the Internet. easily have an experienced user take the test to unlock the computer, or a Thirdly, the government could program could be loaded that writes require or encourage all Internet-based over the existing web browser. Services (IBS) to comply with a Secondly, the government could certification system wherein users see a also require that any software which familiar logo or trademark indicating allows access to the Internet to have a approved membership in trade simple warning about the threat to organizations sensitive to consumer personal privacy/security on the privacy/security issues (Liberto, Internet. But what is a simple warning 1998). The consumer would be good for? How would a warning cover educated to do business only with all the potential threats on the Internet? members of reputable trade The U.S. tobacco industry started organizations who display this seal of carrying warnings in 1965, and the approval. It would be up to the IBS to government had a few different earn the seal of approval by adopting warnings. The liquor industry was and posting one of several security required on November 18, 1989 to have warnings. a warning on all alcoholic beverages So if there were warnings that reads: regarding security threats would they make any difference in terms of GOVERNMENT WARNING: (1) consumer‘s use? In the summer of According to the Surgeon general, 1993, four major television networks women should not drink alcoholic adopted a warning for televisions shows beverages during pregnancy that read: "Due to some violent content, because of the risk of birth defects. parental discretion advised." A survey (2) Consumption of alcoholic (Stacy and MacKinnon, 2000) of high beverages impairs your ability to school students from a county in the drive a car or operate machinery, Midwest measuring their exposure to, and may cause health problems. beliefs about, and memory for the TV advisory found the majority had seen Perhaps an Internet warning would read the advisory. The students‘ awareness something like: of and memory for the advisory increased over time. However, students' GOVERNMENT WARNING: (1) advisory-related beliefs and the amount According to the Attorney General, of violence they watched on television use of the Internet poses a remained unchanged. substantial threat of personal identity So if that study holds any truth, theft, fraud, and unsolicited then any government, private industry, pornography. (2) The government or special interest group sponsored 82 warning system must have security training to go along with the warning for it to be effective. A training module, like the ones offered by www.http://ilearn.isafe.org, should be imbedded in software or on a particular digital device. References Gerend, M.A., MacKinnon, D.P., & Nohre, L. (2000). Awareness and memory for television advisory warnings among high school students. Journal of Applied Communication Research, 28, 291-308. Liberto S. M. (1998). WWWiz magazine. Retrieved September 23, 2006, from http://www.libertolaw.com/11- 98.html. 83 The Not-So-Distant Average School Internet Safety course – which included Day getting a parent‘s signature – before he could log on to the Internet. He was Mary O‘Dea issued a certificate upon completion and Wayne Rich the information from that completion had to be sent to his school before he was Sixteen year-old Harris is allowed to participate in classes. He will beginning his school day in Buffalo, New have to do this each time he begins a York. He‘s scheduled to meet with his new class, or set of classes, with the art group this morning at 10:00 AM. His school. If he wants to use a computer group consists of five students who are other than his own, it will be necessary roughly the same age as Harris. They that he use his certification information are lead by their instructor, Ms. to use the Internet. Rodriguez, who is just finishing her early Several hours pass, and Harris morning cup of coffee in Santa Fe. finishes his time with his classmates. Harris enjoys the work he does for the He‘ll head downtown now for his course, and he‘s looking forward to business class. He‘s interning at a local sharing his latest interactive video shop, earning credit for school while project with his group. he‘s learning basic accounting and As Harris finishes his breakfast, business skills. He‘ll log his intern hours he takes a seat at his laptop – the one every day with the school, via the his school provided – and boots it up. Internet, and weekly his supervisor will This morning he‘ll meet his group in the communicate with his instructor in classes‘ assigned chat room, at the Birmingham to make sure Harris is scheduled time. His teacher, of course, gaining the necessary skills. Every two will be there, as will his classmates, weeks, Harris will take an online test as even though they live scattered part of his class requirements. Once hundreds of miles apart. This school again, before logging onto his school has no traditional walls other than those account, he‘ll need to supply the used for administrative purposes, yet it necessary certificate information before graduates hundreds of students each he will be allowed to go online. year and offers classes to other Harris‘ week continues in the students who must fulfill their own same vein. He won‘t set foot in the type schools‘ graduation requirements. It is, of classroom our generation is of course, a completely paperless accustomed to. At times, his classes environment. All of the schools‘ courses may meet at odd hours in order to are taught this way, and the school is accommodate schedules and classes typical of the times. offered around the world. Internet and As Harris logs on to his laptop, he varied communications technologies will must complete a series of steps to get be necessary for any child to complete a onto the Internet and then into his school education. Harris‘ elementary- classes‘ chat room. Earlier this year, aged sister spends several hours a day when he opened the new computer from at the ―school‖ provided by her mother‘s his high school, he had to complete an business as her mother works. 84 Basically, this is a gathering of communications. For obvious reasons, elementary-aged children, too young to though, it creates the possibility of an be unsupervised, who will accomplish ever increasing threat to the personal work at the facility just as Harris did at security of anyone naïve to the methods home. These children, too, will have of cyber criminals. It stands to reason taken an age-appropriate Internet safety that as the use and availability of certification course prior to getting online technology increases, a logical way to to do school work. Much of the begin to ensure awareness is through youngsters‘ work will be completed from our schools. It‘s an old, but true, home, as their parents and older premise that the best place to begin siblings will spend much of their time social awareness is with our children. working from home as well. As we teach our children – and their While this scenario is certainly parents – about safety on the internet, only one of many possibilities, it for example, we begin a cycle of provides modest insight into the awareness that perpetuates through the realization that technology will play an ages. ever-increasing role in our children‘s In both traditional and non- lives as in their educations. As we traditional constructs of schools, continue to increase the use of technology will increasingly be used as technology in our lives, and our an educational tool in the foreseeable children‘s lives, we must increase our future. In one example, in a first of its awareness and preparation for the kind program, the state of Maine has increasing threats posed to our children partnered with Apple Computers in by criminals familiar with the cyber order to supply all of the states‘ seventh world. and eight grade public school students with laptops. Virginia is following suit ―The more that we use the Internet, with negotiations for computers from the more likely we are to forget to do Apple and Dell, and Philadelphia the things necessary to keep our partnered with Microsoft to open its data, ourselves, and our family safe School of the Future: a no-paper, no- online. It is this complacency that textbook, high-tech high school. we must struggle with every time we Maine‘s program, now in its second sign online.‖ year, is working well, and is a success (www.Secureflorida.com). for the state and the students. The laptops are wonderful educational A Double Edged Sword: Technology devices, but experience also tells us that and School Children putting laptops into the hands of school- aged children, or anyone unaware of There is little doubt that in the personal security safety problems, can near and far-term future, technology will be a dangerous prospect. be increasingly available to children of The answer, of course, is not to all ages. Clearly the availability of stem the flow of technology to our technology to our youngsters is a boon children but to work to protect them. to learning, education, and open It‘s imperative that we arm our children 85 – and their parents – with the ability to practice cyber safety. They‘re offering protect themselves against cyber crime. classes and websites to help people With laptops and PC‘s in the hands of, learn how to take care of themselves or at least available to, nearly every and children in the cyber realm. This is child in the U.S. right now, internet the first step in protecting and teaching security is an ever increasing issue that our children and ourselves. The FBI and schools, counties, and governments will the Office of Juvenile Justice and become progressively more involved Delinquency Prevention (through the with. Internet Crimes Against ChildrenTask Awareness is the most important Force) both offer very insightful and aspect of ensuring safety for our informative information via their children and their children. Society is in websites regarding internet crimes a state of technological transition. As against children, how to prevent them, adults and parents, how many of us statistics regarding the crimes, and state recall pre-computer and pre-ATM days? and local offices. While many of us utilize computers on a While no one can deny these, daily basis, how many of us are fully and many more across the country, are aware of the techniques needed to powerful weapons against cyber crime, protect ourselves, let alone our encouraging education may not be children? We may be continuously enough. After all, many parents who bombarded with virus warnings on our are concerned for their children‘s safety computers, and we may witness cyber are already aware of how to protect their stalkers being arrested on our children, or they are likely to find out by televisions, but are we actively doing voluntarily attending school or local enough to protect our youngsters and to seminars regarding the subject. It is teach them how to protect their own those children and their parents who are children when the time comes? How unaware of the need to take precautions many of us don‘t keep up – or are even or how to take those precautions who aware of – parental blocks we can use are most vulnerable. These are the to protect our kids? How often do our people who we most need to target. children go unsupervised in front of a Perhaps, then, it is a wise choice to computer screen? mandate cyber safety education As in many other educational whenever possible. domains, the most evident place to begin helping our children to protect Maine Is Doing It themselves against cyber crime is in the schools. It also follows that because In Maine‘s prototype program, cyber crime is a criminal act, some of during the first years, the state brought our strongest lines of defenses against it laptops into public middle school are our police departments and law classrooms (2002-2006). Schools were enforcement agencies. encouraged to implement Internet safety Right now, school districts and programs, but they were not required to counties across the country are do so. The lack of a mandate was more encouraging students and parents to a reflection of the political climate at the 86 start of the project than of a value gangs, and violence.‖ (www.dare.com). statement about Internet safety. Why not use this program as a model Last year, the Attorney General's for educating children about Internet Office and the Department of Education safety? Training police officers to help teamed up with NetSmartz.org, a well- children become aware of and avoid known Internet safety group. Since then, Internet safety problems seems an ―as part of the participation agreement, obvious place to begin, and it promotes [the state] mandated that schools interaction between police and children implement an Internet Safety program, at the same time it helps prevent terrible [and they] continue to work with the kinds of crimes. The D.A.R.E. program AG‘s office and with NetSmartz‖ says is widely accepted as having very Jeff Mao of the Maine Department of positive results with school children. As Education. a well established program, we suggest If Maine serves as precedent, we either adding cyber crime to the should be working to mandate Internet D.A.R.E. program curricula or building a safety programs in our schools. This is similar program for cyber crime. Another easy enough to do, as Maine did, as advantage of ―merging‖ with the part of a participation program, and D.A.R.E. program is the long list of parents can be brought into this fold. If supporters and sponsors that help to not as a requirement for participation, finance the ongoing project, making then local, state and/or federal cyber crime education more affordable, authorities can mandate this education thus more readily available, to a variety as curriculum required to maintain of clients. Ideally, programs such as accreditation or funding. Requiring D.A.R.E. will be coupled with consistent, students and parents to complete at recurrent programs within schools to least a basic awareness program (which ensure that students of all ages, could be done online, at local libraries, abilities, and backgrounds are provided etc) will assure that we educate more the tools necessary to protect students than on a voluntary basis. themselves against a variety of cyber Additionally, this requirement need not criminals. be tied to only those schools supplying Although there is no way to students with their own computers. guarantee the prevention of cyber crime, Since schools are sometimes the main there is much hope in raising source of computer exposure for some awareness. As today‘s children mature, students, it is a natural place to require our society will become more attentive safety training prior to allowing computer to the hazards of cyber crime as well as use. the skills needed to help prevent it. Today, our job must be to immediately The Role of Police Departments educate people of all ages about potential dangers to cyber space users. Since 1983, the D.A.R.E. (Drug We must remember that technology Abuse Resistance Education) program changes ―faster than the speed of light,‖ has worked to give ―kids the skills they and the future may hold even more need to avoid involvement in drugs, pitfalls for the next generations in the 87 cyber world. Still, with any luck, education today will sustain our children through adulthood, and they will have the ability to protect the children of the future. Related Websites http://bob.nap.edu/html/youth_internet/ www.dare.com http://www.fbi.gov/publications/pguide/p guidee.htm http://www.globalgateway.org.uk/Default .aspx?page=390 http://www.hackerhighschool.org/ http://www.icactraining.org/default.htm http://www.lhric.org/security/desk/letter7. html http://www.isecom.org/ http://www.netsmartz.org http://www.npr.org/templates/story/story. php?storyId=6210622 http://www.secureflorida.org/ http://www.state.me.us/mlte/ http://www.whitehouse.gov/news/releas es/2002/10/20021023.html http://www.whitehouse.gov/news/releas es/2002/12/20021204-1.html http://www.whsv.com/news/headlines/43 08577.html 88 College-Level Education for Cyber of identity theft and other cybercrimes Security that target individuals. Although education to increase Jay Corzine individuals‘ cyber security is necessary for students in the K-12 system, there is Colleges and universities provide an an important added risk for becoming a additional venue for the delivery of cybercrime victim when individuals educational programs to enhance both become legal adults at the age of 18, individual and institutional levels of namely the credit card. . The stuffing of cyber security for a large cross-section mail boxes with credit card offers of the younger population. A significant coincides with the entry of traditional- percentage of graduating high schools age college students into institutions of seniors enter a college or university higher education and is widely within 4 years of completing high school. supported by colleges and universities Besides the provision of a useful service through their selling of student lists to for their student populations, colleges companies hawking credit card and universities have an enlightened companies as well as a laundry list of self-interest in enhancing the cyber others products and services. In fact, security literacy of their undergraduate some universities sell the excusive right students. The contemporary university for a credit card company to distribute is ―wired‖ and highly dependent on the application forms on their campuses. operation of complex computer The possession of one or more credit networks for teaching, research, and cards increases the risk of being a management functions. Each fall victim of frauds perpetrated through semester, dependent on its size, a computers, and it can be argued that college admits several hundred to colleges and universities who facilitate several thousand first-year students who their acquisition by student have a moral will almost immediately be granted obligation to provide education to access to university email accounts and reduce the risk. One innovative online systems for browsing library approach would be for institutions of holdings, monitoring student records, higher education to require credit card completing course assignments, and so companies to provide cyber-security on. Similarly, higher education must education, perhaps in an online format, take steps to limit the incidence of illegal to students prior to the issuing of a downloads by students. Simply stated, credit card or forego access to student it is in the best interest of the colleges lists. and universities to provide mandatory Cyber security for incoming first- education that will decrease the risk of year students can easily be introduced students infecting computer systems through the new student orientations with viruses, worms, and spyware. that are increasingly required by most Programs that impart knowledge large state universities prior to designed to protect the university‘s enrollment for courses. Typically one- networks can also be used to convey to-two day events structured to information that will lower students‘ risk introduce the student to the campus and 89 complete bureaucratic paper work, most there would have to be an introductory- colleges and universities have sufficient level training module required for all flexibility in orientation schedules to students, however. The completion of require attendance at a 30 minute the base module could be tied to the segment on cyber security. Although issuance of a student ID. some time can be devoted to reinforcing To attain a higher level of strategies to protect against viruses and national cyber security, it is vital that worms, precautions that were hopefully higher education closely examine the part of students‘ K-12 education, content of introductory courses in attention should also be focused on computer science programs. Presently, identity theft, including phishing and these courses rarely include material pharming. The information can be relevant to cyber security. Although not provided through lecture and/or all students take these courses, they are videotape format with some provision for increasingly a mandatory or elective a Q&A period. In fact, some universities requirement for general education have moved in this direction. Many programs and enroll a significant colleges now include short 15 – 20 percentage of undergraduates in many video presentations on cyber security colleges and universities. They would often produced by its computer security provide a forum for more detailed technology departments as part of its readings and discussion focused on orientation sessions for new students. cyber security, and it is reasonable to Including cyber security as a topic in expect that in schools where they are student orientations has the advantage elective, these courses enroll those of reaching all incoming students before students who are likely to both have a they have access to university computer greater interest in and to make more systems. use of computers. These courses would An alternative to including cyber- be a logical place to cover precautions security education as part of orientation directly tied to network security, a would be to require the completion of a growing concern for all organizations, training program before allowing including colleges and universities. students to obtain a university computer Of course, there are two primary account. This would allow for a more limitations to an over reliance on comprehensive package of information colleges and universities to provide that could be delivered in an online education about cybercrime and cyber format and would be a reasonable security. First, not all people attend alternative for colleges and schools that institutions of higher education. do not require students to complete an Second, and perhaps more importantly, orientation program. An additional the risk of victimization from some types advantage is that a sequence of training of cybercrime, e.g., cyber stalking, programs could be developed with the occurs prior to high school graduation. specific requirements tied to the type of But colleges and universities can accounts desired by a student. In order provide an important part of a for information on individual cyber comprehensive, national educational security to be widely disseminated, 90 program designed to reduce cybercrime victimization. 91 Seniors and Cyber Space individuals contacting them via telephone and through elaborate Wayne Rich schemes obtaining their credit card and personnel information. These days, We have talked about education though, con men and scammers are with regards to children and young using similar and even more adults, but one of the largest sophisticated tactics via the Internet. populations in our society with a growing For example, the Centers for number of Internet users is our senior Medicare & Medicaid Services (CMS) is population. warning Medicare recipients to be wary More and more seniors are of schemes being played off the new entering the world of cyber space, Medicare prescription drug program. In drawn to it for various reasons. Some one scheme, people shopping for a enter the cyber space world as a form of Medicare prescription drug plan are additional entertainment. Having retired asked to withdraw money from their from the day-to-day work force allows checking account to pay for a plan that many retirees large blocks of time to does not exist. A more recent scam dedicate to surfing the web. Keeping in involves a new Medicare card instead of touch with friends and loved ones via a prescription drug plan. As part of the email is a chief reason many retirees new scams, callers are now asking for become connected to the web, their first bank information or telling beneficiaries computers probably being provided by they can provide a new Medicare card their grown children. for a fee. The new Medicare card or Seniors don‘t just use the Internet prescription drug plan they claim to be for keeping in touch, though. We find selling is not legitimate. Scammers may seniors shopping on the web for use the name of a fictitious company everything from personnel items to such as Pharma Corp., National Medical recreational items, clothing, furnishings, Office, Medicare National Office, and and even groceries, all of which require National Medicare. However, it is them to use a credit card to complete a against Medicare's rules to telephone purchase. Using the credit card is where and ask for a bank account number, the trouble begins! other personal information, or a cash While many of our seniors have payment over the telephone. No the means, time, and capability to beneficiary should ever provide that kind become cyberspacers, they have not of information to someone who calls. inherently been nurtured regarding the It is easy to see how this scam, pitfalls of cyber space, with the years of traditionally accomplished over the hands on experience, systematic telephone, is being adapted by awareness training, and learning from scammers who use the Internet. Once mistakes that has become common a scammer, or ―phisher‖ gets hold of a among the younger generations senior‘s email address, he can make an Seniors are no strangers to credit email look even more official than a card fraud, identity theft, and scams telephone call sounds. Bank account traditionally committed by unscrupulous numbers, personal information, and 92 money transactions then get handed over to cyber criminals by innocent elders who believe they are looking out for their own health. An Internet Personal Security campaign tailored specifically for seniors which provides education and warns about connecting to the web should be included when designing any personal awareness program. Additionally, legislation passing a requirement that all manufactures of computer equipment include a Personal Internet Security users learners‘ guide that includes warnings and an educational module would be a good start. These modules would need to be concluded before allowing the computer‘s web browser to operate. The government must require that any software which allows access to the Internet have a simple warning about the threat to personal privacy/security on the Internet along with the requirement that all Internet- based Services (IBS) comply with a certification system wherein users see a familiar logo or trademark indicating approved membership in trade organizations sensitive to consumer privacy/security issues. The D.A.R.E. program, which is widely accepted as having very positive results with school children, could easily be modified to address seniors, since the basic learning curve for both age groups on cyber crime is very similar. 93 Protecting and Strengthening because it was not shared across those Societies22 lines. Government is moving into the Jeff Frazier information age but not fast enough. Effective government is faced with a Before their arrests for the 21st-century governance paradox— ―Beltway sniper‖ attacks, which occurred minimizing the complexity of in the mid-Atlantic United States in administrative protocols to determine 2002, the license plate of the car driven who is responsible for what. How, to by John Allen Muhammad and Lee whom, when, and where information is Boyd Malvo was, in the space of a available can fundamentally influence month, spotted and queried by different the success or failure of public U.S. police organizations on 13 institutions charged with safeguarding separate occasions. But the individual communities. The need to reconfigure officers running checks on the car had how information is created and no idea that other police agencies also disseminated is critical in the face of a were on the lookout for the snipers. whole new world of threat. This need is If technology had been used to what Sir Ian Blair, London‘s metropolitan gather information from other police commissioner, refers to as the jurisdictional sources, that information ―new normality,‖ which describes the would have revealed more details, such tremendous rise in nonroutine problems, as the number of license plate queries such as terrorism and non-natural made by other police agencies. Knowing disasters, that threaten every society. this may have expedited the search. Senator Richard Shelby, former Using technology in this way vice chairman of the U.S. Senate Select would also have benefited police in the Committee on Intelligence, made a 2004 Madrid train bombings. The similar argument in his investigative primary suspect, Jamal Zougam, had report on the September 11 terrorist been tracked and followed by five attacks. Shelby pointed out that all the different crime and intelligence agencies missed, or misinterpreted, signals since 2001. He was finally detained two (information) that led up to the attack days after the attack. were not shared among the CIA, FBI, or In both examples, the agencies‘ the National Security Council. The access to information stopped in line information was there, but U.S. with their jurisdictional boundaries. intelligence agencies were unable to Information did not become knowledge ―connect the dots‖ of information, as Shelby put it, to possibly intercept the attacks. 22 Jeff Frazier did not attend the FWG conference but provided this entry after the Traditional Approaches conclusion of the conference. His contribution was accepted due to his affiliation with FWG A number of social scientists and group members. Mr. Frazier works for CISCO Systems, Inc. and this entry reflects only Mr. public safety experts have conducted Frazier‘s viewpoints and not necessarily those of experiments and research to understand CISCO Systems, Inc. 94 how threats against societies begin and community, however, and by the escalate. In 1982, James Wilson, usefulness of the organization and its Ronald Reagan professor of public capacity to share knowledge with other policy at Pepperdine University in organizations. But what if the problem is California and a former chairman of the larger than a community? What if the White House Task Force on Crime, and problem exists within a region or George Kelling, an adjunct fellow at the country? Manhattan Institute for Policy Research, developed the ―Broken Windows‖ thesis, Nature of Sovereignties which acknowledges the connection between disorder, fear, crime, and Because the dangers we face urban decay that have plagued today mutate from one place and source communities for decades. The theory to another, the prevalent approach is to behind the thesis is that if you leave a address each threat discretely with a window broken, it will invite more crime. separate agency. But the resources The Broken Windows thesis was available to each agency are finite and the inspiration for the cleanup of the subject to increasing demands and New York City subway system in the competition. Our inability to piece late 1980s and early 1990s. Removing together information hints at the problem graffiti and cracking down on the people of governance—that is, the attitude of who leaped over turnstiles without government officials/agencies that if the paying would solve two ―trivial‖ problems problem is not in their community, it is that were thought to encourage more not their problem. serious crimes. Not only did this strategy Although technology can provide work (since 1990, felonies have fallen a basis for improved interaction among more than 50 percent), but one of its governments and increased citizen architects, Chief of Transit Police engagement, getting it to work in William Bratton, would later take his practice depends first on adopting a new ideas about preventing crime to the city mind-set. This can be a challenging when he became commissioner of the prospect for agencies hampered by poor New York City Police Department management, siloed cultures, and (Bratton is currently chief of the Los inadequate communication. Old Angeles Police Department). hierarchies and control structures are In Bratton‘s approach to not flexible enough to predict and connecting the dots, he used a system respond to threats quickly. These called CompStat,23 which was inherent behaviors prevent agencies influenced by Broken Windows. from operating effectively in the new, CompStat (short for COMParative information-rich environment. STATistics) organizes computer Organizations need to change statistics in a particular way to predict and work with new, emerging models and combat crime in communities. This that demonstrate the power of approach is used today by many public connectivity to turn information into safety agencies; it is limited to a intelligence and make it available where, when, and for whom it is needed. 23 www.gladwell.com/2003/2003_03_10_a_dots.html. 95 Organizations must also understand given problem or risk, such as the how collaboration can traverse policemen in the examples above. The traditional boundaries and develop more we connect the right information to levers for action—both technological the right people at the right time, the and organizational—that will accelerate smarter we are about anticipating risks, progress in protecting communities. solving problems, and ensuring public Of course, making information safeguards. In other words, it is the available (capturing and sharing what ―wisdom of the crowd‖ that has the we know) to the right people at the right power to resolve problems and effect time is the fundamental basis for change. strengthening our communities. But the The wisdom-of-the-crowd constantly changing nature of threats mentality is true not only for human posed by a multitude of different networking but also for computer criminal, terrorist, and natural communications networks—those that catastrophes increasingly means that allow several hundred major traditional approaches to information communications stations to talk to one gathering and communication are no another, especially prior to and after an longer effective. This is especially true enemy attack or natural disaster. when dealing with criminality and Without an increase in the size of terrorism, which operate across borders agencies or their budgets, it becomes a and through loose coalitions of challenge to transform thinking about networked cells and individuals. strengthening our communities and Hierarchies and control structures have improving our public safety and security. mutated into much looser and disparate matrices and networks. Effective Distributing the Power 21st-century government requires a new approach to ―connecting the dots‖ by Social scientists and public safety coordinating activities across traditional researchers are taking a new look at this jurisdictional boundaries. age-old problem. With the evolution of increasingly intelligent networking and A Shift in Thinking: Power at the developments in next-generation Periphery Internet technologies (including Web 2.0), the model for effective public safety All information is quickly and security must shift from centralized, becoming digital. Take e-commerce, for command-and-control networks to example; 90 percent of online shared, relational systems in a communications involve connections— distributed framework that comprises connecting people to businesses, ―small pieces loosely joined.‖ businesses to machines, and machines This distributed framework was to machines. But, these connections are created by Paul Baran, who developed not enough. It is critical to connect packet-switched networks to provide a information to people and organizations communications solution that would at the ―edge‖—those people who are withstand a nuclear attack. While this closest to and may have answers to a approach was important to the defense 96 strategy of the United States, it later other networks. A distributed network developed into what is known today as then pushes knowledge to the the Internet. Baran‘s theory of periphery, or the edge, so that people connecting the dots in a distributed, closest to the problem have the best horizontal way is the basis for information to solve the problem. This connecting communities, governments, approach is more resilient and effective and public safety agencies as never than any other. before. This new way of thinking seems Although there are a wide variety ideal, but how do we achieve it? We do of network configurations, all can be so by establishing a policy agenda that categorized as centralized (star), focuses more on problems than on decentralized (starbursts), or distributed organizational structure, which is (grid or mesh), as shown in Figure 1. imperative for a knowledge-based Figure 1. Network Configurations organization. Creating such a policy can be achieved easily through Net Learning, an organizational process through which people seek affinity and collateral relationships and then exercise their influence to share information. Adopting this approach allows organizations to recognize the dangers of overclassifying and compartmentalizing knowledge. The Right Platform Before we can create the right distributed communications platform, we Source: Paul Baran, ―On Distributed must answer two questions: How can Communications Series,‖ Introduction to we create open standards that allow Distributed Communications Networks communities to collaborate? How can (chapter 1), we address the growing need for RAND Corporation, 1964 nonhierarchical solutions? Rather than focusing on specific Unlike centralized and problems in isolation, looking at them in decentralized networks, which are a distributed manner creates a single, loosely sewn together and open to flexible platform that can respond and attacks, distributed networks are strong, adapt to a multitude of problems. The tightly sewn, self-supporting basis for this approach is the network or, infrastructures that enable better more specifically, a distributed network collaboration. The value of a distributed that achieves resilience and flexibility by environment is that the network learns maximizing the ability of agencies and faster and gathers more intelligence and citizens to interact, collaborate, learn, information than any individual or and share information directly with one organization and shares information with 97 another. In other words, we need to who access investments in this area. It capture what we know, or don‘t know; has only now become both technically analyze what we know; share what we and economically feasible to implement know; and improve what we know to a common platform approach without increase our knowledge about a writing off past investments in problem so that we can solve it. communication systems and equipment. Agencies have vastly improved Advances in IP enable the ability their ability to gather and use to learn and turn knowledge into quick, information. The next stage is to pool decisive, and intelligent action, and are together all information so that separate at the heart of successful organizations, pockets of knowledge are connected, systems, and societies. Public safety is rapidly increasing the amount of no exception. A networked organization intelligence that security services can gathers and uses information much address during a threat. faster than a non-networked This approach is starting to organization, and in the world of crisis emerge in projects such as Intellipedia, management and homeland security, established by the Office of the Director seconds count and can make the of National Intelligence in the United difference between success and failure. States, using the same technology that Taking a distributed network approach powers the online encyclopedia gives each organization infinite Wikipedia. Intellipedia allows authorized opportunities to define and implement users from 16 government intelligence new capabilities. These include the agencies in the United States to ability to detect and analyze relevant contribute, review, and edit security- information where and when it is related information and build resources needed, share voice/radio and analysis relevant to particular communications efficiently, and improve threats. To date, more than 3,600 response to crises as well as analysts have contributed more than management of day-to-day operations. 28,000 pages. Although there is no It is important, too, that this public access to the three ―wikis‖ approach focus on how information is (collaborative software) Intellipedia organized and distributed rather than on comprises, it is easy to see how this how it is acquired. An enormous amount framework could be adapted to link a of information already exists within and wide range of official and public users flows through political and civil and sources to build a new and powerful organizations. The challenge, therefore, intelligence community. lies in the ability to manage, coordinate, Additional advances in IP control, and communicate information (Internet Protocol) technology mean that already available. A distributed network investments in older (analog) platform provides great value in communications equipment for voice, connecting the following elements: video, and data can be converted into ● Right information. Major digital assets that use an existing decisions about which information is platform based on Internet technology. ―right‖ often compromise local needs These advances are critical for leaders and knowledge. Too much 98 information is as bad as too little. overcome to connect pockets of The distributed network‘s ability to knowledge and achieve the flexibility empower people at the edge of the and breadth required to strengthen our network to gather the information communities. Protecting public they need in a standardized safeguards and ensuring public trust are environment is critical and goes a issues much larger than any individual long way toward avoiding the trap of or organization. Using a distributed centralizing knowledge. network platform for collaboration and ● Right place, right person. Only cooperating in tandem creates a net authorized individuals should have effect—the wisdom of the crowd. A certain privileges for access to network, if empowered by the right information and responsibilities for people at the periphery, is far more command-and-control operations. effective at anticipating and solving ● Right time. As a situation problems than a single source. changes, the network platform Essentially, the sum of a number of provides the capability to self- people is infinitely smarter than a single synchronize and provide information person. Now that we have a roadmap, it instantaneously. is time to take action. Resolving the Paradox A distributed environment using Internet technologies provides remarkable, new opportunities for government and citizen interaction and involvement. It also creates a paradox: the actions of citizens and, regretfully, of our adversaries are moving faster than the governments‘ abilities to keep up. Technology alone won‘t solve this challenge. It takes cooperation among governments, stakeholders, agencies, and others. Knowledge and the power to act, therefore, must move to the edge of the organization, away from centralized control. It is also vital to have a coordinated plan and to forge agreements with all stakeholders at national, state, and local levels. Articulating this principle is one thing; putting it into practice is another. It is increasingly clear that barriers must be 99 Partnering With Others To Address embracing technology (or at least, Cybercrime resistance to technology that does not directly relate to catching criminal Gerald Konkler offenders), and there is little wonder there is much room for improvement in As should be evident from the how policing responds to cybercrime other chapters in this volume, and computer related crime. It has been cybercrime is a present and increasing said that every crisis brings opportunity. concern for policing and society. With Policing has an opportunity to partner existing levels of personnel, expertise, with others and improve services to the and equipment, most agencies are hard- community. pressed to address even the current For decades, community policing incidence level of these crimes. Most has pushed us toward involving others police agencies do not have the in policing efforts. In some cases, to resources to effectively or efficiently varying degrees, we have at least given detect, prevent, or investigate many lip service to the value of the expertise technology-related crimes, particularly and opinions of others. In order to cybercrime. This paper will suggest effectively and efficiently address some strategies for local police to more computer-related crime, policing must effectively address cybercrime in the become more willing to involve others future by identifying and utilizing by utilizing their expertise while still resources both without and outside their protecting the rights of those accused agency. and adhering to the vision, mission, and values of the agency. Some assumptions: An initial question might be The use of computers in criminal whether an agency needs a specialized activity will continue to increase. unit or section devoted to investigating Local agencies are behind the cybercrimes. While this is a decision curve in addressing cybercrime driven by agency size, local politics, and and computer related crime. resources, it seems axiomatic that Local agencies will continue to citizens who need to report a crime will investigate cybercrimes at least at least start with their local police to the degree they are capable agency. If an agency opts not to create (i.e., we will not totally abdicate a special unit/section/position, at the our responsibilities to citizens and very least it will need to identify will attempt to respond in some resources or agencies to whom the manner to these types of calls for agency can refer those who report service). cybercrime. At a conference held by the FBI The policing industry has in July 2000, it was forecast that more historically resisted involving outside police departments, even smaller entities in policing efforts. Coupled with agencies, would have personnel trained the sluggish nature exhibited by the in the investigation of computer crimes police in adapting to change and 100 (Futuristics, 2000)24. While this has examinations of computer systems? likely occurred, one could question Obviously the effective and efficient whether the levels of training are investigation of either of the types of sufficient. Are agencies simply using crimes will hinge on the ability to do so. decoys to troll for online predators? As These are questions that the agency laudable and necessary as this may be, head should consider before the need it does not require the level of training arises. that is necessary to address cyber Whether an agency has a unit or scams committed by organized crime elects to create a section, it is syndicates or sophisticated denial of imperative that they be aware of what service attacks or to do forensic expertise currently exists in the agency. examinations of computers to search for Without a doubt, police have more evidence. technologically savvy personnel now This then leads to another than in the past (as does society—and question to be answered by the agency: as does the criminal element!). Smaller what level of expertise should be (or can agencies perhaps will already be aware be) identified or developed internally? if they have someone already employed Does the agency have the ability to who has computer expertise and/or a investigate ―cybercrime,‖ i.e., where a technical background. Larger agencies computer is used to attack another may have personnel who possess computer or network? The investigation needed skills or at least a level of skill of denial of service attacks would be an which the agency can enhance to meet example and, as noted, would require a their needs. Some agencies may have high level of expertise. Or should the self-taught personnel who have some agency concentrate on ―computer expertise in computers. Unless the related crime,‖ those instances where agency has a personnel management the computer is used to store evidence system that identifies those with various of a crime or used as a communication skills/talents, an agency-wide survey of tool to commit a more traditional crime? talents should be considered. Because Examples of this type include fraud of their interest in the subject matter, schemes, child pornography, and online these personnel may have contacts with sexual predators. Does the agency have others in the field, either practical or the expertise to conduct forensic academic. These contacts can be beneficial in establishing partnerships. 24 In addition to identifying the trend, the Even if skilled personnel are Conference also suggested strategies. Two available internally, levels of expertise strategies are noteworthy and pertinent to the vary and may not be sufficient for the topic. First, the Conference stated one of the highest strategies for the future of policing was more complex investigations. To for agencies to develop tools and expertise in effectively deal with the variety of the investigation of cybercrimes. Second, it was cybercrimes, an agency needs to have suggested that agencies form partnerships with access to forensic computing experts academic institutions (in a variety of disciplines) and equipment and experts in tracking to educate and train personnel in emerging technologies which impact the policing other types of cybercrime. Hence, there profession. is still a need for partnerships. There 101 have been well-publicized incidents establishes procedures for the seizure where agencies with limited expertise of computer equipment and other and/or equipment have attempted to electronic data storage devices. examine computers and allegedly Improper recovery can result in the loss overlooked critical evidence (Ellis, of data (Standards, 83.2.5, 2006). If an 2004).25 agency does not possess a level of Whatever the level of expertise, local resources, private or involvement in cyber investigations, an public, must be identified. agency is obligated to collect evidence in a lawful and competent manner. Evidence of traditional crimes as well as STINGS cybercrimes is frequently found on computers. Officers who are involved in Apprehending online predators is virtually any investigation could face the an area where policing has received risk of destroying evidence by either assistance from other entities. Perverted illegally seizing it or causing it to be Justice is a private group that was physically destroyed because of traps started with a goal of cleaning up laid by the suspect. Agencies that are internet chat rooms. It has evolved to accredited through CALEA are required what they call a lead internet resource to have a written directive that for combating sexual predators online. This group uses volunteers posing as 25 children to go into chat rooms and wait For example, see ―Mom‘s sleuthing helped for sexual predators to initiate find missing daughter,‖ by Ellis above. In that case a 14 year old female was reported missing. conversations with them. As viewers of The Sheriff‘s Office was criticized for treating the NBC‘s Dateline are aware, these case as a runaway rather than an Internet contacts can evolve into actual attempts related abduction and for failing to conduct a by the predators to meet their target and forensic examination of the girl‘s computer even arrests of these predators (Perverted though it was believed she was with someone she‘d met online. The mother checked websites Justice, 2006). Initially, the television the girl had visited and ultimately contacted show did not involve law enforcement Perverted Justice. The director of Perverted and simply broadcast Chris Hansen‘s Justice expressed shock that a forensic interview with the offender in a sort of examination of the girl‘s computer had not been ‗public shaming‘ reminiscent of medieval conducted. Perverted Justice contacted the Internet provider who would only provide stocks. Because of viewer information to the law enforcement agency. At complaints/comments about letting the the urging of Perverted Justice, the investigator potential pedophiles escape contacted the Internet provider and discovered punishment, police were involved and the name of the suspect. It was discovered that began arresting suspects as they left the the girl had been kidnapped by someone she had met when she posted her poetry online. The house used in the sting. (McCollum, suspect was charged with kidnapping, rape of a 2007). This resulted in an alliance child, and sexual exploitation of a minor. The between NBC, Perverted Justice, and investigator noted that they had difficulty various local police agencies that opted examining the girl‘s computer because the to assist in these televised stings. County‘s firewalls blocked many of the sites the girl visited. It could be argued that there has 102 been a blurring of the line between Murphy Texas sting. These television news and ‗show business.‘ communications were sexually explicit Now, the lines between show business, and under Texas law constituted a law enforcement, and policing have felony even though Conradt never went become muddied. To long time to the target house. Warrants were observers of the police industry, it could obtained, and after police forcibly be said that this blurring started with entered Conradt‘s residence, he shot other police reality shows such as himself in the head and died. Resulting COPS. It seems clear, at least in some criticisms of the operation include instances, that officers behave allegations that the investigation was differently when on camera. While this botched (the search warrant had the sometimes might result in more wrong date and county for service), that restrained behavior of the part of both sexual predators were actually drawn to the police and citizens, it can also result the community by the sting, and that the in behavior that veteran police officers arrest was rushed in order to allow NBC see as ‗pure and simple TV‘ but to get the arrest on tape (McCollum, tactically flawed (Dittrich, 2007).26 2007). It is noteworthy that local Partnerships of this nature can prosecutors originally declined to assist result in unique problems and criticisms with the show, saying they were not for the police agency that becomes involved in ‗show business.‘ Even more involved in these shows. A variety of interesting is the fact that charges on allegations have surfaced after one of the twenty-three men arrested during the show‘s targets killed himself. A 56 the sting were not pursued when the year-old long time county prosecutor, district attorney ultimately found that ―the Murphy Police Department was Louis Conradt, Jr., is alleged to have communicated with a Perverted Justice merely a player in the show and had no decoy posing as 13 year-old boy in a real law enforcement position. Other people are doing the work, and the police are just there like potted plants, to 26 In the Murphy, Texas Dateline sting, a veteran make the scenery‖ (Dittrich, 2007). SWAT officer who was working off duty to Police agencies should explore provide security at the undercover house the motivation behind those with whom observed questionable tactics in the takedowns they partner and should carefully check of the suspects, particularly the drawn guns and potential cross-fire situations and intensity of the the background of those who assist takedowns. The article notes: ―All that them. If, as in the case of Perverted business—the guns, the tackling, the shouting— Justice, they are being paid for their struck Detective Patterson as pure and simple participation, careful thought should be TV: It might look good on camera, but if you‘re given to how that will impact the legality letting a camera influence how you do your takedowns, you‘ve got a problem.‖ of any arrests and the public perception. Prior to engaging in operations with others, the agencies should liaison with appropriate prosecuting authorities and heed their advice and warnings. To do otherwise invites failure and second 103 guessing. An operations plan should be group which includes local law prepared detailing the duties and enforcement from 5 counties, state responsibilities of all parties. During agencies, the FBI, the district attorney‘s operations the CEO must ensure office, and private corporations. The constant supervision to avoid the group provides high tech training to the tendency to take shortcuts. Periodic members and share expertise in high updates should be required and an after tech crime investigation. The forensic action report should be prepared to expertise of the university officers and critique the operation. the support and assistance of the faculty and staff has resulted in the successful UNIVERSITIES conclusion of numerous investigations (Aeilts, 2005). Other, perhaps less controversial, In addition to the immediate sources that policing should liaison benefits of assistance with more frequently with in the future are investigations and training, partnerships universities and colleges. Forensic with academic institutions can also computing degrees are being offered by result in fertile recruiting ground for the a number of institutions. Forensic agency interested in recruiting computing is the process of identifying, personnel with computer/technological preserving, analyzing and presenting expertise. An agency with a reputation digital evidence in a manner that is for being technologically friendly and legally acceptable (McKemmish, 1999). advanced is much more attractive to Partnering with a university that offers a recruits than one with a traditional view degree in computer forensics offers a of policing. number of benefits. The University of Tulsa (TU) provides assistance to the INFRAGARD Tulsa Police Department, the Oklahoma State Bureau of Investigation, and the Agencies should consider joining Secret Service. Members of these Infragard, a program of the Federal agencies are provided workspace in the Bureau of Investigation, started in 1996. Tulsa Digital Forensics Laboratory on Infragard is an association of the University campus to allow them to businesses, academic institutions, state work together on cyber criminals. The and local law enforcement, and others lab, funded by grants, has advanced dedicated to sharing information and computers and more space than the intelligence about potential hostile acts agencies are able to provide. In against the country. Of the top 100 firms addition, twenty TU students a year in the Fortune 500, 83 have an Infragard intern and assist the law enforcement representative. The group initially was agencies in investigations directed toward cyber-infrastructure (Marciszewski, 2005). protection but after the terrorist attacks The University Police Department of 9/11, the emphasis was broadened to (UPD) at California Polytechnic State include both physical and cyber threats University was the driving force behind to critical infrastructure. Local chapters the creation of a high tech resource hold regular meetings to discuss issues, 104 potential threats, and other issues that *identify companies/private entities impact their industries. Local chapters which have the skills, equipment, and provide training, local newsletters, and desire to assist the agency with contingency plans in the event of cybercrime investigations. attacks on the information infrastructure. (Infragard, 2007). The networking *have directives in place to ensure opportunities available with this group computer evidence is legally, properly can be beneficial to both large and small seized agencies. *keep abreast of the threat. Some ways CONCLUSION to do this include joining Infragard and reading the annual CSI/FBI Computer As in most areas of policing, Crime and Security Survey. partnering with others can be of assistance in addressing cybercrime. It References is critical that CEOs of police agencies not be seduced by the quick fix (as we are too often in policing) and that any Aeilts, T. (2005). Defending against partnership and operations be cybercrime and terrorism: A new consistent with the agencies vision, role for universities. FBI Law mission and values. Careful planning Enforcement Bulletin, 74(1), 14- and proper supervision can help in 20. addressing the pitfalls. Commission on Accreditation for Law Strategies for local agencies to Enforcement Agencies. (2006). combat cybercrime: Standards for law enforcement agencies: The standards manual *establish liaison with local universities of the law enforcement agency th or colleges which have resources accreditation program (5 ed.). Fairfax, VA: Author. *identify local/regional/state/federal resources that can assist them as Dittrich, L. (2007). Tonight on Dateline needed this man will die. Esquire. Retrieved September 23, 2007, *identify personnel within the agency from who have computer expertise http://www.esquire.com/features/ predator0907#story. *recruit new employees with the needed skills Ellis, M. (2004). Mom‘s sleuthing helped find missing daughter. The *train personnel in cyber crime and Columbian. Retrieved September computer related crime 23, 2007, from http://www.genderberg.com/phpN uke/modules.php?name=News&fi le=article&sid=98. 105 Futuristics & Law Enforcement. (2000). The Millennium Conference. Retrieved September 30, 2006, from http://www.fbi.gov/hq/td/fwg/confe rence.htm. Infragard. (n.d.). Infragard. Retrieved September 26, 2007, from http://www.Infragard.net/about_u s_facts.htm. Marciszewski, A. (2005, May 1). Students provide know-how for cops. Tulsa World, A19. McCollum, D. (2007). The shame game: ―To catch a predator‖ is propping up NBC‘s Dateline but at what cost? Columbia Journalism Review. Retrieved September 23, 2007, from http://www.cjr.org/feature/the_sha me_game.php. McKemmish, R. (1999). What is forensic computing? Canberra, Australia: Australian Institute of Criminology. Retrieved September 30, 2006, from http://www.aic.gov.au/publication s/tandi/ti118.pdf. Perverted Justice. (n.d.). The PeeJ guide: For parents and first-time visitors to Perverted-Justice.com. Retrieved September 30, 2006, from http://www.perverted- justice.com/guide/. 106 The Future of Cybercrime linked in some manner so as to create a network. It is this ability to inter- Earl Moulton connect, which I view as the sine qua non of cybercrime. For example, we Those of us in the Law can see that the keeping of a collection Enforcement community have seen vast of child pornography on a standalone changes in our world in these past few computer is both a crime and a years: changes in the demographics of computer crime. It only becomes a our society, changes within our own cybercrime when the computer storing agencies, and changes in the types and the collection is connected to other volumes of crime that we deal with, the computers and that connection is kinds of suspects that commit those utilized to acquire, trade, sell, produce crimes and the victims that they create. or otherwise deal with the pornographic Our legal environments have changed images. every bit as much as the physical No matter where we are heading or how environment that fast we‘re travelling, it is possible to get surrounds us. a sense of our direction and of our Given that state velocity by looking in the rear view of flux, what can mirror. What does our recent past tell we possibly us about that direction and velocity? predict for the Veteran cybernauts will recall that in future that can 1996, less than a mere decade ago, 1 have sufficient there were approximately 16 million credibility to base Internet users in the world. That our decisions on today? number grew to 513 million by 2001 and One of the most significant is now thought to be about 650 million. changes has been the advent of Recall, too, that the ‗80's and early ‗90's cybercrime. While we may say that we were characterized by standalone know what it is when we see it, the term personal computers, both in the ―cybercrime‖ has not been used with workplace and at home. The growth any degree of precision. For the since then of the Internet has been purposes of this article, I will use matched by the intranets that are ―cybercrime‖ to mean ―crime committed equally ubiquitous at work and, in relation to networked digital increasingly, in the home and home- technology.‖ To illustrate, it is helpful to office environments. The mid-‗90's also think in terms of a Venn diagram. saw a somewhat brief discussion, now Where all legislatively prohibited seemingly quaint, whether there really behaviour constitutes the complete set ought to be a ―dot-com‖ domain on the of crime, there is a subset which is Net and what constraints should be committed in relation to digital placed on it. As we move into the 21st technology. It is this subset which is century, the networked world continues more commonly described as ―computer to expand from wired to wireless. With crime.‖ A further subset is described convergence, telephony has become where those digital technologies are simply another aspect of our 107 interconnectedness. It is becoming a truism to say that Parallel to the changes in our digital technology has collapsed both network environment have come time and distance. Both information and advances in the digital technology that money now travel around the globe we connect. In the ‗80's, we marvelled virtually instantaneously. What happens at the speed of our 8088 based in Afghanistan is instantly known in machines working at 4.77 Megahertz, Tokyo, causing comment in London and which we connected to local bulletin causing reaction in Washington. Just as boards by means of 300 baud modems - significantly, that same information is but we could hit the ―turbo‖ switch to get reflected on the Hang Seng, the Bourse, all the way up to eight Megahertz! Now and the New York Stock Exchange. we use three Gigahertz motherboards to And each of those is always ―on‖ – connect via T1 lines to terabytes of connected 24/7. While law enforcement storage and demand even better has always been 24/7, what is new performance. today is that it is always rush hour Simply stated we are travelling at somewhere. ever greater speeds into an ever more In 1965, Moore‘s Law postulated networked world. data density will double about every 18 While looking in the rear view months. It is still true today. About mirror has predictive value, extending every 18 months, one will get twice the the automotive analogy also tells us that memory and twice the speed from looking in the rear view mirror is a very computers for the same price. With the bad way to drive a car. Clearly, advent of nanotechnology, there is although informed by our past, our focus absolutely no reason to believe that needs to be on the future. What might it Moore‘s Law will cease to apply for the hold? foreseeable future. The velocity that we perceived in the rear view mirror will The Macro Context continue. And recall, speed is distance over time while velocity includes As we look down the road, we acceleration. We are not just going can make some well-founded guesses faster, we‘re going faster faster. about where the road will go based on Another aspect of general the topography we see before us. In the application is the demand by the general cybercrime context, that topography is public for both greater transparency and determined by the interaction of greater accountability. For the Law changing technology and changing Enforcement community, we see this in networks with the human side of our the increased levels of civilian oversight, society. This is the topography that lies in the demands for the disclosure of outside of the Venn diagram discussed both the processes and the products of above. our investigations and, perhaps most In society at large, there are apparently, on the nightly news. As some general themes that are very technology enables greater and greater apparent and will have equally apparent sharing of information, there will impacts on cybercrime. continue to be greater and greater 108 demands to act effectively and efficiently on that information. Those demands will In the traditional crimefighting make ever greater inroads on our world, target hardening generally means resources and continue to reduce the making it more difficult for someone to resources available to prevent and commit a particular crime. It is also a investigate crime. maxim that things can never be made foolproof because fools are so Finally, we need to consider an ingenious. The same can be said of anti-intuitive outcome of the digital crooks. In the world of cybercrime, we revolution. In 1984, George Orwell see the introduction of new technologies posited a future entirely controlled by an and applications followed closely by omnipresent and seemingly omniscient criminals creating new scams taking government. That very compelling view advantage of those advances. is reflected in our latter day discussions Ultimately, security holes are plugged, of privacy and, in most prognostications, business processes are changed and of the future. The reality, however, is operating systems, protocols and entirely different. Rather than applications are re-written, and the controlling more, governments actually targets are ‗hardened.‘ This modern control relatively much less. This is day equivalent to the development of seen most notably with the Internet itself better bullets and better bullet-proofing which continues to resist efforts by is likely to continue - with the cybercops governments to control its content, condemned to eternal second place in reach and form. Indeed, one of the the race. greatest challenges to the Department Two other facets of this race are of Homeland Security is the fact that so of note. First, the length of time much of today‘s critical infrastructure is between the introduction of a new held by private, corporate interests. technology or application and someone Lessening even further the reach of taking criminal advantage is likely to governmental intervention are the twin decrease sharply. This phenomenon is realities that private interests are both already being seen in the virus arena. transnational and often larger than The time between the identification of a governments themselves. The true Big vulnerability and the release of an Brother is not Big Government; it‘s exploit has decreased dramatically in Equifax. As a function, and as a the past two years or so. The result creature, of government, the influence of has been the need to develop the Law Enforcement community has increasingly more sophisticated tools to been lessened to an equal degree. deliver timely patches, and, thereby circumvents system administration The Specific Context ignorance and indolence. The second facet is that havoc wreaked on ‗soft‘ There are specific aspects of targets before they can be ‗hardened,‘ is cybercrime about which we can make likely to be much greater simply based some educated guesses as to their on the sheer numbers of possible likely role in the future. targets. Nonetheless, we ought not to Target Hardening lose complete hope. We need only 109 recall the huge balloon of fraud that profile of a typical cybercriminal is not at occurred shortly after the introduction of all like that of what we now think of as cell phones. Fairly quickly, however, an ordinary criminal. We don‘t need there were technological responses and statistical analysis of offender a more informed user cadre, and those populations to tell law enforcement a levels of fraud returned to normal truth we know from the streets - the background levels. Tools to track levels of traditional crime are not falling offences occurring in P2P networks, off due to cybercrime. Bank robbers over the IRC, and by ‗spoofing‘ have and burglars are not acquiring new skills become increasingly robust and offer a sets to enter this new and exciting field. similar basis for optimism. Cybercrime is an additional burden on law enforcement. Nothing in my Anonymity experience as either a police officer or a futurist suggests that this is going to One of the contributors to change. cybercriminality is the anonymity that an There is special significance for Internet user experiences on the Net. raising the question of targets in addition While that anonymity is to some degree to both victim and suspect populations. mythical, there is a very clear user ethos In the world of cybercrime, machines that holds that the use of the Net is, and devices controlled by individual must be, should be, and need always be victims are themselves separate targets. anonymous. Both our current Where there used to be a single bank to experience of Internet use and broader be targeted by the bank robber, we now social science experiments have shown have automated teller machines located that the perception of being anonymous wherever there is a power source. Each lowers the barriers to criminal activity. of those machines are themselves Some have suggested that this may targets for what they contain—cash— explain the otherwise unfathomable but also for the fact that they are increases in child pornography activity. avenues of access into banking This ―nobody will ever know that it‘s me‖ networks and sources of access syndrome will only increase as the level information—card and PIN information. of Internet use rises from its‘ current Additionally, individuals now carry 10% worldwide level to levels multiple targets. We have multiple, approaching 50%. networked home computers, Web- enabled cell phones, Blackberrys, Palm Size of victim/suspect/target population devices, laptops, and cars communicating via satellites. Again, It is a concomitant of the rising each of these target possibilities are in participation level that the size of the addition to existing targets and never possible victim population will also rise. simply replacing existing ones. So, too, will the absolute numbers of cybercriminals increase. What will the Timeliness likely impact be on law enforcement? An answer to that question can be found We considered briefly above the in a reality that is all too often ignored. impact technology has had on the Early studies are showing that the collapse of previous concepts of time. 110 This area, however, has special What is a Cybercrime 9-1-1? relevance to a number of specific aspects of cybercrime. In traditional policing, we all know Fundamental to every criminal how to priorize our calls for service. investigation is the acquisition of Just like with the media, ‗if it bleeds, it evidence. In the cybercrime world that leads.‘ If there is any risk of bodily harm evidence is exceedingly ephemeral. occurring, the call goes to the top of the Network traffic logs, IP address list. The same can be said of most assignments, random access memory, budgeting processes. If there is a and Internet history files all pose special physically harmed victim involved, problems of timeliness. To the extent getting money into the policing budget to that current legal procedures, such as take action is seldom difficult. The final search warrants, require an inordinate chapter in this phenomena is played out amount of time to acquire and execute, in sentencing proceedings in court. The the likelihood of evidence destruction, sentencing of white collar criminals is either deliberate or inadvertent, notoriously lenient and can be increases. When we layer an evidence understood in the absence of a bleeding request with the Mutual Legal victim. The experience to date suggests Assistance Treaty process, the concept that cybercriminality is treated as simply of timeliness loses all practical meaning. another form of white collar crime and Timeliness is also important to receives equally light sentences. Each the identification of the modus operandi of these implications compound of a cybercrime. When thousands or themselves to make the future millions of similarly situated possible resourcing needs of law enforcement victims exist, it becomes extremely very difficult to meet. important that the manner and means There are many other aspects of by which a cybercrime has been cybercrime that will impact its future. committed is discovered. That Suffice to say at this point, that each of discovery must be then be made widely those factors leads to the inevitable known to protect those possible victims. conclusion that the challenge that will Like traditional crime, much, if not face the law enforcement community will most, cybercrime is committed for be bigger, badder, more resource personal gain. Unlike traditional crime, intensive, and more overwhelming than the proceeds are not television sets, anything we have faced before. cash, or cars. Rather the proceeds of cybercrime are bits and bytes which, Necessary Responses instantly, turn into credits in accounts, which get transferred into other If the situation is that critical, what accounts in other forms, in other can we do now to reduce the impact of institutions, in other countries, in other cybercrime in the future? time zones, in other legal systems. The One of the few things that has likelihood of ever extracting the profit remained unchanged in the law from cybercrime becomes almost zero enforcement world is the fundamental and raises the attractiveness of and essential importance of our human cybercrime in exact inverse proportion. resources. This fact of life will not change. How, then, do we ensure that 111 our personnel have the necessary of systems and processes would go a knowledge, skills, and abilities to cope long way to alleviate current anxieties. with the cybercrime challenge? The One reality that is shared by likely answer lies in the same every agency that now supports a ‗high technology that poses the challenge. tech‘ response capability is that these The use of computer-based training, are very costly units to create and distance learning, and the adoption of maintain. That phenomenon will not go ‗just-in-time‘ training models will all work away. We need to prepare our funding to ensure that timely information gets sources for a very significant and into the proper hands. Some of these ongoing cost centre. The analogy that innovations will require changes in our can be used is the different scale of institutional and educational mindsets. funding that was required to move from Nonetheless, initiatives such as the riding horses to driving cars. Canadian Police Knowledge Network Finally, we need to apply a are showing that there are real lesson from the traditional crime fighting alternatives to simply sitting and arsenal. Crime rates for particular wringing our hands in anguished worry. offence types really only change when It is also important to note that there is fundamental change in the our new personnel come to us with a outlook of the general public. We need significantly different technological to educate the public about the ‗dark background than our existing personnel. places‘ on the Net. We need to get For our new people, there is no such people to understand the importance of thing as a world without the Internet or firewalls and secure passwords. We 24/7 connectivity. They arrive on the need an educated public to understand job with skills and abilities that were not the risk to their private information and even dreamt of when we were recruited. to their very identity that is posed by Dealing adequately with the cyberspace. We need an informed and challenge of cybercrime may also engaged public to demand, either as require the law enforcement world to consumers or as an electorate, that modify what we consider to be our goal industry supply the cyberworld posts. For most agencies, success is equivalents of air bags and seat belts. It marked by the arrest, prosecution and is that same electorate that will need to sentencing of an offender for an offence demand that laws be made effective and affecting one, or relatively few victims. that artificial and archaic concepts of In many cybercrimes, it may be more jurisdiction be removed. appropriate to place the emphasis on As Sir Robert Peel understood centuries the determination of how a crime is ago ―the police are the public and the committed and then taking the public are the police.‖ necessary prophylactic measures to prevent thousands, perhaps millions, of Some things don‘t change. other victims being created. Such an approach might also address the existing difficulty in getting the corporate world to report cybercrime. Knowing that the primary focus is on cybercrime prevention and the proactive hardening 112