OVERVIEW OF COMPUTER CRIME LEGISLATION IN HAWAII CHRISTOPHER D.W. YOUNG Deputy Attorney General Financial Investigations

1. OVERVIEW OF COMPUTER CRIME LEGISLATION IN HAWAII CHRISTOPHER D.W. YOUNG Deputy Attorney General Financial Investigations Unit (808)586-1160 cdwy@yahoo.com DO NOT COPY OR REPRODUCED INFORMATION CONTAINED IN THIS PRESENTATION WITHOUT PRIOR WRITTEN CONSENT OF THE AUTHOR!

2. Why should you be concerned about cyber-crime?

3. INTERNET ACCESS • 95% of schools and 50% of all classrooms have Internet access • There are now over 300 million Internet users, over 140 million in the USA alone • Consider how quick growth: • 1994- 1 million users • 1998 – 100 million users • 2000 – 300 million users • 2009 – 1.9 billion users • 50% of US households are online

4. WEB SITES • # of web sites • 1993 = 5,000 web sites • 2000 = 1+ billion web sites • 2001 = 3+ billion web sites

5. E-MAIL • Most popular online activity • Used by 85% of homes connected to Internet • 333.5 million e-mail accounts • E-mail messages sent: • 1994 = 777 million • 1997 = 618 billion • 1998 = 2.6 trillion • 1999 = 5.3 trillion • 2000 = 6.8 trillion

6. ISP – AMERICA ONLINE • 23 million US members • 3 million International members • 1,602,000 Simultaneous Users • 120 million e-mails sent per day • 173 million e-mails received per day • 6 billion web hits per day • 245 million stock quotes per day

7. B2B Online Sales • Will grow faster than online retail sales • Billions spent each year: • 1998 = $5.1 billion • 2000 = $12 billion • 2002 = $327 billion

8. CSI/FBI 2000 COMPUTER CRIME AND SECURITY SURVEY • 643 Responses – 273 organizations reported $265,589,000.00 in financial losses (proprietary info./financial fraud). • 90% detected computer security breaches; • 70 % reported serious breaches – viruses, laptop theft, net abuse; • 74% acknowledged financial losses

9. Internet Fraud Complaint Center • Between May 8 & Sept. 27, 2000, 15,295 complaints within the US • Average of $700 loss • Total losses: $10,706,500 • Auction fraud (48%) tops the list of frauds

10. THE COMPUTER HAS BECOME THE TOOL OF CHOICE FOR THE NEW MILLENNIUM • What must we do to protect the resources of our organizations? • Awareness (education and training); • Update Legislation to address new problems created by new technology; and • Impose criminal sanctions

11. Awareness • Signed/Specific user agreements • Majority of intrusions/damage come from an insider! • Update security measures regularly • Routine back-ups • Hold people accountable • Create paper trail!

12. Updated Legislation • HB 425 – 1st revision in 10 years • Makes following acts criminal:

13. Computer Fraud 1: • Knowingly, • w/intent to defraud, • access computer without authorization • and obtain control over property of another (B FELONY) • Defense: object of fraud and property obtained consists only of the use the computer, value <$300 in one year.

14. Computer Fraud 2 • Knowingly, • w/intent to defraud, • transfers or disposes to another any password or similar information (C FELONY)

15. Computer Damage 1 • Knowingly, • Causes the transmission of a program, information, code or command, • Thereby knowingly causes unauthorized computer damage to a computer, system or network OR • Intentionally, • Accesses a computer, system or network, • Without authorization, • And thereby knowingly causes damage. (B FELEONY)

16. Damage = • loss aggregating at least $5000 in any one year period • Modification or impairment of medical record • Result in physical injury • Threaten public health safety • Impair the administration of justice.

17. Computer Damage 2 • Knowingly, • access computer, • without authorization • and recklessly causes damage. (C FELONY) • Damage = any impairment to the integrity or availability of data, program, system, network, or computer services.

18. Use of Computer in the Commission of a Separate Felony • Knowingly, • Uses a computer to, • Identify, select, solicit, persuade, coerce, entice, induce, or procure the victim or intended victim of • Custodial interference, sexual assault, child abuse, child pornography (one class or grade higher than offense)

19. FORFEITURE OF PROPERTY

20. JURISDICTION • A person who causes, by any means, the access of a computer, system, or network in one jurisdiction from another jurisdiction is deemed to personally accessed the computer, system or network in each jurisdiction.

21. Unauthorized Computer Access 1 • Knowingly, • Accesses a computer, system or network, • Without authorization, • Obtains information and • Offense committed for purpose of financial gain, or • Value of information <$5000, or • Statute or rule protects against unauthorized disclosure (B FELONY)

22. Unauthorized Computer Access 2 • Knowingly, • Accesses a computer, system or network, • Without authorization, and • Obtains information (C FELONY)

23. Unauthorized Computer Access 3 • Knowingly, • Accesses a computer, system or network, • Without authorization (Misdemeanor)

24. Statute of Limitations • Felony = 3 years • 5 years after it is committed.

25. Commission on Computer Crimes Laws • First meeting by Sept. 1, 2001 • Report due 2003 session.

26. Successful Prosecution • Prompt reporting • Electronic/Paper trail • Banner warnings • Signed and updated user agreements • Document losses

27. CHRISTOPHER D.W. YOUNG Deputy Attorney General Financial Investigations Unit (808)586-1160 cdwy@yahoo.com