Forensics Journal - Stevenson University 2012 | Page 37

FORENSICS JOURNAL The Modern Day Crime: Exploring Cyber Crime in the United States Donyiel Carr INTRODUCTION TRENDS Advances in technology have dramatically changed the way society, business, and individuals operate. This reliance on technology as the command and control vehicle for daily interactions raises a legitimate concern about the security of computer networks against cyber attacks. A 2011 study by Symantec, a company which specializes in computer security software, found that “…at an annual price of $388 billion globally based on financial losses and time lost, cybercrime costs the world significantly more than the global black market in marijuana, cocaine and heroin combined…” (Albanesius, 2011, September 7). Cyber crime is a global issue, and many cyber security experts agree that there is inadequate preparation to combat cyber attacks. The increase in social media websites, online shopping, and online bill paying, enables cyber criminals to hack into computer networks to steal and/or destroy critical information. Unlike a physical crime where a criminal might walk up to someone at an ATM machine, point a gun, and force cash to be withdrawn, cyber crimes are committed every day with a key stroke by criminals who are hidden from view. Online criminals tend to organize in groups, allowing the ability to commit larger scale attacks on individual, business, and government computer networks. The increase in mobile attacks is a growing trend. The Symantec study cited earlier predicts that almost 70% of adults will be a victim of cyber crime at some point in their lives, and with the increased dependency on mobile devices, mobile attacks will become more common. In a New York Times article, “For Hackers, the Next Lock to Pick,” author, Claire Miller, included a statement from Charlie Miller, a research expert from Accuvant, a company which specializes in security consulting. Charlie Miller noted that “…the bad guys are going to slowly follow the money over to your phones....most consumers, though they protect their computers, are unaware that they need to secure their phones…but the same thing that can happen on your computer can happen on your phone” (Miller, 2011). Shortly after being elected to office in 2009, President Obama stated cyber security is a serious economic and national security challenge that needs to be re-evaluated. On May 29, 2009 during a White House Press conference on Cyber Security, President Obama said: It’s about the privacy and the economic security of American families. We rely on the Internet to pay our bills, to bank, to shop, to file our taxes. But we’ve had to learn a whole new vocabulary just to stay ahead of the cyber criminals who would do us harm -- spyware and malware and spoofing and phishing and botnets. Millions of Americans have been victimized, their privacy violated, their identities stolen, their lives upended, and their wallets emptied (Obama, 2009). CURRENT CHALLENGES Some of the biggest challenges with cyber security include a lack of knowledge about how common cyber crimes are and inadequate preparation, particularly training. Even the most updated anti-virus software or cyber security team does not prevent a hacker from inserting a virus into a computer network. Some cyber experts are not optimistic that there are effective ways of combating cyber crime, and argue that it might never be eradicated because cyber criminals continually modify and create new materials faster than laws can be enacted or system protection can be developed. This paper examines cyber crimes in the context of how they are executed, investigated, and prosecuted with a primary focus on attacks that impact individuals, businesses or corporations, and critical infrastructure in the United States. WHAT IS CYBER CRIME? Dan Kaplan, in his article “Bringing Justice”, argues there is not enough being done about cyber crime for the “little people.” Kaplan stated, “…sure law enforcement is more aware of threats, laws have been created or strengthened, and major cybercriminals busts are becoming common headlines. Yet, at the local and state levels, knowledge and capabilities needed to bring electronic fraudsters to justice are severely lacking” (Kaplan, 2010, p. 24). Kaplan noted that the public should be educated and that local and state law enforcement agencies need better training on how to work cyber crime cases (Kaplan, 2010, p. 24). In his book, Essentials of Criminal Justice, Larry Siegel defines cybercrime as “the theft and/or destruction of information, resources, or funds via computers, computer networks, or the Internet” (Siegel, 2011, p. 504). Siegel further notes that there are three forms of cybercrime: cyber theft, cyber vandalism, and cyber terrorism (Siegel, 2011, p. 504). According to Siegel, cyber theft is the “use of cyber space to…distribute illegal goods and services to defraud people for quick profits;” cyber vandalism is the “use of cyber space for revenge, for destruction, or to achieve malicious ends;” and cyber terrorism is “an effort by enemy forces to disrupt the intersection where the virtual electronic reality of computers meets the physical world.” (Siegel, 2011, p. 505) In a PC Magazine article, “White House Unveils Cyber-Security Plan,” author Chloe Albanesius discusses a White House proposed cyber security plan that was brought before Congress in May 2011 for future legislation. This proposed plan notes some challenges 35