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Cyber Crime. Chapter 7. BUSINESS LAW TODAY Essentials 9 th Ed. Roger LeRoy Miller - Institute for University Studies, Arlington, Texas Gaylord A. Jentz - University of Texas at Austin, Emeritus. Learning Objectives . What distinguishes cyber crime from “traditional” crime?
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Cyber Crime Chapter 7 BUSINESS LAW TODAYEssentials 9th Ed.Roger LeRoy Miller - Institute for University Studies, Arlington, TexasGaylord A. Jentz - University of Texas at Austin, Emeritus
Learning Objectives • What distinguishes cyber crime from “traditional” crime? • How has the internet expanded opportunities for identity theft? • What are three reasons that cyberstalking may be more commonplace than physical stalking? • What are three major reasons the internet is conducive to juvenile cyber crime? • How do encryption programs protect digital data from unauthorized access?
Computer Crime and the Internet • Computer Crime: violation of criminal law that involves “knowledge of computer technology for its perpetration, investigation, or prosecution.” • Three Categories: • Computer is object of a crime. • Computer is subject of a crime. • Computer is the instrument of a crime.
Cyber Crimes Against Persons and Property • Cyber Computer Fraud. • Persuade victims to spend money on various scams (Nigerian bank accounts, health insurance, travel). • Online Auction Fraud. • Online Retail Fraud.
Cyber Crimes : Cyber Theft • Cyber Theft. • Identity Theft using novel methods. • Low cost of black-market data. • “Phishing.” • Vishing. • Employment Fraud.
Cyberstalking • California passed first antistalking law in 1990. Today 48 states have cyberstalking laws. • Threat of Cyberstalking. • Ex-lovers using spyware to monitor keystrokes. • Cyberstalking on Social Networks. • CASE 7.1State v. Kline (2008). County where victim resides is appropriate venue for prosecution of cyberstalking crimes.
Cyber Crimes in the Business World • Credit Card Crime on the Web. • Companies take risks in storing customers private information online. • Hackers. • Botnets, malware, viruses, and worms can send information from your computer to third party networks. • Juvenile Cyber Crime is a growing threat.
Cyber Crimes in the Business World • Hacking and Cyberterrorism. • Cyberterrorists are stealth hackers trying to exploit computers for maximum impact. • Logic bombs may “explode” computers and online networks. • 2009 – Chinese and Russians hacked into our electrical power grid, leaving behind ‘botnet’ software that could hijack facilities. • Pirating Intellectual Property Online.
Spread of Spam • Spam: unsolicited “junk” emails with ads, solicitations, and other messages. • State Regulation of Spam. • Federal CAN-SPAM Act. • U.S. Safe Web Act. • Allows FTC to share information with foreign agencies investigating and prosecuting cyber crimes. Provides ISP’s with immunity from liability for supplying subscriber information to FTC.
Cyber Crimes Against the Community – Gambling in Cyberspace • Legal Confusion over Online Gambling. • Can citizens of a state in which gambling is illegal, place bets at online casinos located in another state — or country? • CASE 7.2United States v. $6,976,934.65, Plus Interest Deposited into Royal Bank of Scotland International (2009). Indictments were sufficiently ‘related’ to the civil forfeiture to apply the fugitive disentitlement statute. • Congress Takes Action. • Unlawful Internet Gambling Enforcement Act of 2006.
Fighting Cyber Crime • Prosecuting Cyber Crimes. • Threshold questions of jurisdiction and venue. • Identification of wrongdoers is difficult because they do not leave fingerprints or DNA. • Computer Fraud and Abuse Act. • Private Efforts to Combat Cyber Crime. • Encryption is a good, inexpensive security device. Requires a private and public “key.”