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March/April 2011

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March/April 2011 HEDDA LITWIN, PROJECT COUNSEL & EDITOR MARCH-APRIL 2011 The Cyber Crime Newsletter is developed under TABLE OF CONTENTS the Cyber Crime Training Partnership between the National Association of Attorneys General (NAAG) FEATURES………………………………………………1 and the National Center for Justice and the Rule of AGS FIGHTING CYBERCRIME……..………….2 Law (NCJRL) at the University of Mississippi School IN THE COURTS………….…………………………..5 of Law. It is written and edited by Hedda Litwin, SUPREME COURT NEWS….……………………..7 Cyberspace Law Counsel ([email protected], 202- NEWS YOU CAN USE…………………..…….…...9 326-6022). LEGISLATIVE NEWS……….…………………….11 This project is supported by grants provided by NEW PUBLICATIONS…………..………………..12 the Bureau of Justice Assistance. The Bureau of REGISTRATION FORM…..…….…….…….…..13 Justice Assistance is a component of the Office of Justice Programs, which includes the Bureau of like to feature articles written by you. Please con- Justice Statistics, the National Institute of Justice, tact us with information, proposed articles and com- the Office of Juvenile Justice and Delinquency ments about this newsletter. Thank you. Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the authors and do not represent the offi- cial position of the United States Department of Jus- “CYBERSECURITY: WHAT tice. STATE PROSECUTORS NEED The views and opinions of authors expressed in TO KNOW” TRAINING SCHED- this newsletter do not necessarily state or reflect ULED FOR JUNE those of the National Association of Attorneys General (NAAG). This newsletter does not provide any legal advice and is not a substitute for the ―Cybersecurity: What State Prosecutors procurement of such services from a legal Need to Know,‖ a two and one-half day training for professional. NAAG does not endorse or recom- prosecutors and policy attorneys, will be hosted by mend any commercial products, processes, or the partnership between the National Association of services. Any use and/or copies of the publication Attorneys General Research and Training Institute in whole or part must include the customary (NAGTRI) and the National Center for Justice and the bibliographic citation. NAAG retains copyright and all Rule of Law (NCJRL) at the University of Mississippi other intellectual property rights in the material pre- School of Law in Oxford on June 14-16. sented in the publications. Among the topics to be addressed at the In the interest of making this newsletter as use- training are: Legal Theories in Malware Prosecu- ful a tool as possible for you, we ask that you keep tions; Phishing, Pharming and Spoofing – State Ap- us informed of your efforts. Additionally, we would proaches and Pitfalls; Infrastructure Vulnerabilities © 2009, NAAG, 2030 M STREET, NW • 8TH FLOOR • WASHINGTON, DC 20036 • (202) 326-6022 • WWW.NAAG.ORG CYBERCRIME NEWSLETTER MARCH-APRIL 2011 to Cyber Attacks; Unauthorized Access; and Com- ers were told they could save money on their pur- puter Theft and Larceny. CLE credit for the training chases, plus earn commissions and rewards, by con- will also be available. vincing others to shop on the site, but they never received such rewards. Instead, their gains were There is no registration fee for prosecutors based on recruiting others to buy memberships, and and policy attorneys from Attorneys General Offices, having those purchasers recruit others. Member- and travel scholarships to attend will be available. ships cost between $19.95 to $99.95. In addition, A nomination form to attend the training is the men sold phony stock in Big Co-op, pitching the on the last page of this e-newsletter. company as the future of e-commerce, when in real- ity Big Co-op was never profitable. The men each face a maximum of 20 years in prison. ATTORNEYS GENERAL CONNECTICUT FIGHTING CYBERCRIME Attorney General George Jepson joined Con- sumer Protection Commissioner William Rubenstein MULTI-STATE in seeking information from Hartford Healthcare and Delaware Attorney General Beau Biden and its Midstate Medical Center affiliate about a data Maryland Attorney General Douglas Gansler sent a breach that may have compromised medical records letter to both Apple and Google calling on them to of 93,500 patients. The hospital notified Attorney ban smartphone applications that help users avoid General Jepson that a hard drive containing pro- drunk driving checkpoints. The applications, cur- tected health and personal information was taken rently available for download for Apple iPhone and home and lost by an employee. In a letter to the Google Android phones, provide the location of po- hospital‘s attorney, Attorney General Jepson asked lice checkpoints and allow users to report check- that affected patients be provided with two years of points to others. The letter, sent to Apple‘s Senior credit monitoring services, identity theft insurance Vice President for iPhone Software and Google‘s and reimbursement for the costs associated with Chief Executive Officer, call on the companies to re- placing and lifting security freezes. The case is be- move the applications. ing handled by Assistant Attorney General Matthew Fitzsimmons. CALIFORNIA DELAWARE Attorney General Kamala Harris announced that James Sweeney of Tennessee and Patrick Ryan, Attorney General Beau Biden‘s Child Preda- who stole millions of dollars through a sham online tor Task Force arrested Eric Aldrich on 27 counts of rewards scheme, were convicted on 65 counts of dealing in child pornography. The arrest followed grand theft and securities fraud. the execution of a search warrant at Aldrich‘s resi- dence by the Task Force and State Police Troops #4 The men operated Big Co-op, Inc., also operating and #7. Multiple computers and other digital media EzZWin.biz, which purported to be an online shop- were seized, and an initial forensic analysis re- ping hub where consumers could go to purchase vealed multiple images of child pornography. The goods and services at discounted prices. Consum- undercover investigation was initiated after a refer- 2 CYBERCRIME NEWSLETTER MARCH-APRIL 2011 ral from the Pennsylvania Internet Crimes Against Lauderdale County Sheriff‘s Office. Special Assis- Children (ICAC) Task Force. tant Attorneys General Brandon Ogburn and Tina Herron from Attorney General Hood‘s Cyber Crime division prosecuted the case. Risher faces up to 40 ILLINOIS years in prison. Attorney General Lisa Madigan joined state Senator Toi Hutchinson to recognize the Senate‘s MONTANA passage of SB 1035, a bill in which her office par- ticipated in crafting. The legislation would authorize Attorney General Steve Bullock‘s Office is prosecutors to issue administrative subpoenas for jointly sponsoring an essay contest on cyber bullying evidence in Internet-related child exploitation of- with the state Police Protective Association. The fenses, resulting in accelerating the time it takes to contest is for eighth grade students and invites identify and arrest offenders. The bill would also them to focus on prevention. Prizes will be awarded extend prison time for offenders charged with multi- to approximately 70 students, in addition to a grand ple child pornography offenses and those convicted prize of $1,000. The contest is in its 14th year. of trafficking or possessing multiple pornographic images of children. Currently, an offender who pos- sesses thousands of child pornography images can OHIO receive the same sentence as an offender who pos- Attorney General Mike DeWine‘s Office devel- sesses one image. The bill now moves to the state oped a proposal for legislation that would provide House. oversight of gaming that takes place in Internet ca- fes and similar establishments. Under the proposal, any skill-based amusement or sweepstakes machine LOUISIANA operator would be required to: 1) Undergo a pre- Attorney General Buddy Caldwell‘s High operation certification; 2) Obtain and display a li- Technology Crime Unit arrested Jordan Allen on por- cense from the Casino Control Commission certifying nography involving juveniles charges. The arrest that the machines have been tested by an outside resulted from a joint investigation by the Unit, the laboratory; and 3) Post inspection stickers on each Baton Rouge Constable‘s Office and Police Depart- machine. An operator that violates the licensing re- ment and the Nicholls State University Police De- quirements would face criminal penalties. partment. PENNSYLVANIA MISSISSIPPI Acting Attorney General Bill Ryan‘s Child Predator Unit arrested Lawrence McElroy, a substi- Attorney General Jim Hood announced that tute teacher and retired State Police officer, who is Stephen Risher, a music teacher, entered an open accused of using the Internet to sexually proposition guilty plea to one count of exploitation of a child. what he believed was a 13-year-old girl, transmitting The investigation began when Risher took his com- a nude webcam video and then traveling to meet the puter to be repaired and technicians discovered girl for sex. The ―girl‖ was actually an undercover child pornography. The case was investigated by agent using the online profile of a young teen. Attorney General Hood‘s Internet Crimes Against McElroy also made a series of calls to what he be- Children (ICAC) task force with assistance from the 3 CYBERCRIME NEWSLETTER MARCH-APRIL 2011 lieved was the girl‘s cell phone, and at least three of Attorney General Marty Jackley announced the calls were made using telephones at the high that Dr. John Coddington was sentenced on two school where he worked. Unit agents obtained a counts of possession of child pornography. Cod- warrant to search McElroy‘s vehicle, seizing gift dington received five years for each count to run items he had allegedly promised the girl. They also consecutively. The investigation was handled by executed a search warrant at McElroy‘s home, seiz- Attorney General Jackley‘s Division of Criminal In- ing a computer and webcam which will be analyzed vestigation, the Pierre Police Department and the by Acting Attorney General Ryan‘s Computer Foren- Potter County Sheriff‘s Office.
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