Internet Fraud May 2001 Cybercrime II Volume 49 Number 3 In This Issue United States Department of Justice Executive Office for Interview with Michael W. Bailie, Director, Office of Legal United States Attorneys Office of Legal Education Education ........................................ 1 Washington, DC 20530 The Rising Tide of Internet Fraud ..................... 6 Mark T. Calloway By Jonathan Rusch Director Contributors’ opinions and Tracking a Computer Hacker ........................ 13 statements should not be considered an endorsement By Daniel A. Morris by EOUSA for any policy, program, or service Tracing in Internet Fraud Cases: PairGain and NEI Worldweb18 The United States Attorneys’ By Christopher M.E. Painter Bulletin is published pursuant to 28 CFR § 0.22(b) Communications Assistance for Law Enforcement Act (CALEA)22 The United States Attorneys’ Bulletin is published bi- By CALEA Implementation Section monthly by the Executive Office for United States Attorneys, Office of Legal Novel Criminal Copyright Infringement Issues Related to the Education, 1620 Pendleton Internet ........................................ 33 Street, Columbia, South Carolina 29201. Periodical By David Goldstone and Michael O’Leary postage paid at Washington, D.C. Postmaster: Send address changes to Editor, The Economic Espionage Act of 1996: An Overview ..... 41 United States Attorneys’ By George “Toby” Dilworth Bulletin, Office of Legal Education, 1620 Pendleton Street, Columbia, South It’s Not Just Fun and “War Games” — Juveniles and Computer Crime ... 48 Carolina 29201 By Joseph V. DeMarco Managing Editor Jim Donovan The Computer and Telecommunications Coordinator (CTC) Program ... 55 Assistant Editor By Stacey Levine Nancy Bowman Law Clerk Todd Hagins Internet Address www.usdoj.gov/usao/ eousa/foia/foiamanuals.html Send article submissions to Managing Editor, United States Attorneys’ Bulletin, National Advocacy Center Office of Legal Education 1620 Pendleton Street Columbia, SC 29201 Interview with Michael W. Bailie Michael W. computer system for USAOs. We have come a Bailie began long way since then. his legal JD: Nobody had desktop computers at that time? career with the MB: No. When I came to EOUSA in 1988 there Department were only 600 PCs throughout the country in of Justice in USAOs for a workforce of about 8,000 or 9,000 1979 as an people. Most of the attorneys did not have any Attorney- type of word processing capabilities on their Advisor in desks. the Justice JD: Did you foresee at that time the technological Management wave of the future? Division. He joined the MB: I didn’t realize the extent to which PCs Executive Office for United States Attorneys would be installed in the USAOs or the role that (EOUSA) in 1988 as an Assistant Director for e-mail would play. Today, you go without e-mail Office Automation. Since that time, he has held a for a couple of hours and it’s like you are having number of positions with the EOUSA, withdrawal. culminating in his appointment as Director of the JD: How do you feel your background has Office of Legal Education (OLE) in 1997. He prepared you for your current position as Director supervised the move of the OLE from of the Office of Legal Education? Washington, D.C. to the National Advocacy Center in Columbia, South Carolina in April MB: When I was Deputy Director of Operations 1998. in EOUSA, I was responsible for many different aspects of administration in USAOs and that Mr. Bailie (MB) was interviewed by Jim included facilities, technology, communications, Donovan (JD), Managing Editor of the budget, personnel, and office automation. I used United States Attorneys' Bulletin. to refer to it as Deputy Director of Mops and JD: How did you develop an interest in 1979 in Brooms. When I came to the NAC, I was ready to technology and what experience did you have at deal with all the different aspects of running a that time? large building complex and conference center. What I wasn’t prepared for was being a hotel MB: I didn’t have any experience. I was just manager. For the most part though, the coming out of law school and I was looking for a background that I had in the EOUSA and in the job. Actually, at that point in time, it seemed Department prepared me for many of the interesting and I stayed involved with the administrative aspects associated with putting technology for about ten years. together a viable training program, as well as When I came to the Executive Office for efficiently running the conference center. United States Attorneys (EOUSA), the districts JD: You recently received a very prestigious had twelve different word processing systems. We award. Why don’t you describe that for us. couldn’t exchange information between United States Attorney’s Offices (USAO) so it was a real MB: The award really should have gone to the mess. My job was to replace the word processing staff. It was a Presidential Rank Award that is systems with PCs that were compatible. Shortly given to members of the SES around the country. after I came onboard, they awarded the Eagle I was certainly honored to receive it, but the Contract and installed the first nationwide reason I received it was because of the work that MAY 2001 UNITED STATES ATTORNEYS’ BULLETIN 1 OLE has done here in Columbia. We have fifty still making improvements on a daily basis. Our people here that do a tremendous job on a day-to- students have been happy with what we have done day basis and are dedicated to making this the best here. We hear very few complaints from anybody training facility in the United States. I think that these days. We might get one evaluation out of they are succeeding. 250 that asks why the seminars aren’t held in New Orleans or Washington, but those are few and far JD: You have been at the National Advocacy between. Center (NAC) since its inception. What is the mission of the NAC? JD: Has the move to the NAC changed the operations of OLE? MB: Our charter is to provide legal education and training to the federal legal community. That MB: Yes, in a positive way. In the old days we involves providing training and educational used to have our materials printed, then we would services to the Department of Justice and USAOs, pack them up and ship them out to the location. as well as the lawyers that are in the Executive We would send our staff to a hotel where we Branch of the government. We train about 15,000 would attempt to convert a hotel ballroom into a people per year at the NAC. classroom. We would have to rent AV equipment, easels, etc. It was a logistical nightmare. Now, JD: Has the mission of the NAC changed over the everything is here. We even have our own three years that it has been in existence? printing facility. It is run by South Carolina MB: No. Our job here is to provide the Vocational Rehabilitation Program. We print substantive knowledge that our attendees need to about 1.8 million copies per month. The seminar do their jobs on a daily basis. At the same time it binders are put together here and they are wheeled is our belief that if we make people as comfortable to the courtrooms. All of our AV equipment is in as possible, they will not focus on satisfying their place and is state of the art. All of our taping creature comforts, but will focus on learning. facilities are here. We have the classrooms in place and we can assure that the lighting and JD: Were you apprehensive, at all, about asking sound is proper. We also have video the Assistant United States Attorneys (AUSAs) teleconferencing (VTC) equipment here that we from around the country to come to training in would not have had in a hotel. We can do hands- one central location when they previously had on computer training at the NAC. Centralized been able to train in different cities throughout the training offers us a multitude of advantages over United States? the way that we used to do things. MB: Yes, I think we were all apprehensive. There JD: With the move to South Carolina, have you was a lot of talk from AUSAs before we opened had any trouble in bringing in quality instructors that they did not want to come to South Carolina. or judges for your volunteer faculty? They saw it as perk of their job that they could go to other locations. Our primary focus in the MB: No, we haven’t had any problem. In fact, we beginning was to show them that this was going to probably have more people than we can use. We be a great place to learn. Our philosophy was to have many people who are continuously bring in the people that could carry the message volunteering. We even have District Court Judges back to their offices that this was a premier booked in the Center through October of this year. facility. When we did the first course here, we JD: One initial complaint about having the NAC invited First Assistant United States Attorneys in Columbia was the difficulty in getting direct (FAUSAs) and did a one and one-half day flights in and out of Columbia, South Carolina. I program to show them that it was not going to be know that you have put a great deal of time and bunk beds and dorm rooms and that we had a effort into making travel connections a lot easier state-of-the-art training and educational facility. to arrange. How is that going? The FAUSAs went back to their offices and spread the word.