cybercrime1

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Keiser University *

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107302018

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Information Systems

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Apr 3, 2024

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docx

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Kadian Brooks Keiser University Cyber Crime Homework Professor Lien Chapter 1 3. Identify and describe two or three traditional crimes in which computers are now used as an instrument. How has the nature of these crimes changed as a result of the technology? Cybervandalism is the virtual defacement of someone else 's property. Traditionally it was physical vandalism such as graffiti on the walls. Where in society today it taken place on a computer and individuals can personally deface a website. Another crime that changed because of the Internet was cyberextortion. Cyberextortion is a crime via email, threatens to attack an individual, business, or organization if money is not provided to prevent the attack. 4. What are the two main categories of cybercrime? Provide a few examples of each. The two main category of cybercrime is “The Computer as Target of the Crime” and “The Computer as Tool Used to Commit Crime”. The first category “The Computer as Target of the Crime” consist of crimes that target the computer. For instance, the perpetrator would be attempting to break into a computer, stealing information, bombards the computer and/or launching an attack from the outside, and/or causes damage to the computer. Major component of crimes that target the computer are hacking and cracking, DoS, DDoS, and malicious software dissemination synch as worms, viruses, logic bombs etc. The second category is “The Computer as Tool Used to Commit Crime” consist of crimes that use computers as a tool. Some crimes consist of embezzlement, phishing, infringement, cyber-harassment/stalking/bullying, Internet gambling and illegal online sales of prescription drugs and controlled substances. 8. What is embezzlement? Embezzlement is a type of theft in which an employee of a company transfers the company’s financial assets to his or her own account, often using a computer. 9. How does copyright infringement occur? Copyright infringement occurs when part or all the creator’s work is copied without authorization or when and individual has enabled others to make such copies. 10. What are the dangers associated with online sales of prescription drugs? Knowing if the substance is correct and safe, the side effects/important information a doctor would provide when prescribing the medication. Lack of physical examination and no contact at all within this process.

11. Which problems does cybercrime pose to authorities seeking to investigate it? Cybercrime pose problems regarding speed, thinking ahead, countermoves etc. against authorities. Authority needs to develop the capacity to anticipate the features of computer, information and communication technology that might open new opportunities to cybercriminals to engage in illicit activity. Chapter 2 1. What is computer forensics? Computer forensics involves using specialize tools and techniques to image and capture data and information housed on computer hardware and embedded in software applications so that the integrity and chain of custody of such evidence is protected and can be admitted into a court of law. 2. What are the major differences between public and private investigations? There is one major difference between public and private investigations. Public investigations are investigations conducted by law enforcement or government agencies while private investigations are investigations conducted by non-governmental agencies, businesses, and individuals. 3. What are the similarities and differences between criminal and civil law? There are several similarities between criminal and civil law. According to the text, “A criminal case is initiated by the state, and the burden of proof is on the state to prove that the defendant (the individual charged with a crime) is guilty beyond a reasonable doubt (the highest standard of proof). Criminal law deals with public offenses—that is, actions that are harmful to society as a whole”. 4. What is the difference between circumstantial and direct evidence? Circumstantial evidence- is a fact that is admitted into court to prove the fact of the crime. For example, if a man was accused of robbing a bank, the court can allow information from his bank statement stating that he deposited the money that was stolen. Direct evidence is like a testimony. One must have been there to experience what was going on. 5. When is hearsay evidence admissible in court? Rules and statues are what make hearsay admissible in court. Whether hearsay evidence will be admissible in court or not has been heavily debated but well established. Hearsay Evidence is a statement made by someone testifying at trial which could prove the truth. The person must directly hear, see, or sense the fact for it to be admissible since it will support direct evidence. According to rule 801 hearsay evidence must prove truth to the matter. The Federal Rules of

Evidence have several exceptions to allow hearsay evidence when it is related to public records such as reports, officers, and agencies unless they are deemed untrustworthy. Research question: Kumho Tire v. Carmichael Background - While Patrick Carmichael was driving, one of his tires blew out. It caused an accident that killed one passenger and injured others. The people who survived sued the maker of the tires and claimed that they were defective. Major Players - Patrick Carmichael, the other people in the car, Kumho Tire Company Crime - This was a civil case so there was no crime committed. A tire failure analyst wanted to testify that there was a defect in the tire and his opinion was based on visual inspection of the tire. Evidence - A tire failure expert looked at the tire and concluded that the blow out was due to a tire defect and not tire abuse. Outcome - A testimony was excluded. Carmichael's testimony was determined to be non-specific (not valid or tested). The Supreme Court ruled that all evidence had to meet the Daubert Standard . Chapter 3 What is the Sarbanes- Oxley act of 2002? Sarbanes-Oxley Act is a law that sought to improve the accuracy and reliability of corporate disclosures so as to protect investors from fraudulent business practices. 1. What do you believe? And why? The U.S. Carnivore system was MS-Windows based workstation, which was implemented by FBI for monitoring the email and other electronic communications. This system can monitor everyone's internet traffic. After the September 11 attack, Congress has passed the PATRIOT Act with intent to track down the terrorist's activity before something happens. I believe this kind of cautions is very much necessary for any country to protect the people of the nation from terrorist attack. 2. How does carnivore fit with existing laws? Carnivore fit with existing laws in the following ways like the information gathered by Carnivore are not shared by anyone, but it is accessible by the FBI whenever there is a suspicious activity. It represents responsible and permissible approach. It does not violate the existing laws. It enables law enforcement to take one small step against the criminals who misuses the electronic communication wrongly. I think, the Carnivore system is a prudent and appropriate law enforcement technique which balances the security with appropriate values of freedom.

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Chapter 4 1. What are your thoughts on the Carey-Winick approach? Is it beneficial or bad news? 2. In your opinion, what is the best strategy for reviewing privileged information on computers and why? The Carney-Winick approach is a deeply flawed method in that since it requires law enforcement to speculate what they are likely to find before they get to the computer. In majority of the cybercrime cases, investigators do not know what forensic tool they require until they begin going through the hard drive. Also, this approach can easily be safeguarded against by criminals, who can purposely mislabel files to hide them from specific searches. The CDT approach is much more effective both in ensuring that law enforcement carry out their duty effectively and protecting the Fourth Amendment rights of citizens. 1. Is all evidence that is illegally searched and seized inadmissible in court? Why do you think this is the case? The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment provides everyone in the United States with the right to be free from unreasonable searches and seizures. The Fourth Amendment applies only if government action is involved. Applies if private agent acting as government instrument Does not apply if private agent acts on own accord. 2. How is the “reasonable expectation of privacy” test applied to computers? This test is applied to computers because the information you share to the public can be used against you in court. For Instance, the use of emails. 3. Does an employee have a reasonable expectation of privacy in the workplace? Individuals reasonably expected files to remain private, indicated by effort to conceal disclosure -locks, locked offices, lockers -Discarded files -Effort to prevent physical access Situation also based on workplace policy -policy must be disclosed.

4. When does the government need a search warrant to search and seize a suspect's computer? If the government has probable cause they can search the computer for evidence. 5. What are some examples of warrantless searches, and under what circumstances may they be conducted? Exigent circumstances -if the destruction of evidence is imminent -probable cause required -allows for the seizure of device, not necessarily search of device Search incident to arrest -when arrested, search conducted -protect arresting officer -Ensure evidence not destroyed Stop-and frisk procedures -pat down on belief of preventing crime -based on reasonable suspicion 6. Under what circumstance can a portable device be seized and searched after a suspect is arrested? Portable devices can be searched when an individual is under arrest in order to prevent any destruction of evidence that is needed. 7. Which type of exigent circumstances might arise in respect to computers? The threat of damaging the evidence and or deleting files. 8. When can a third-party consent to a search? If an individual who has authority over the place or items to be searched has contented to the search 9. Should search protocols be used in investigations? Why or why not? Searched protocols should be used to benefit from them in a more efficient and faster attempt. Search protocols help narrow down and still maintain privacy for individuals. 10. What should investigators do if a computer that is being searched might contain privileged information? Special care is to be exercised when planning to search computers with privileged information. Investigators need to review the files on camera and to include third parties for searching and sorting files. The second method is taint teams which are prosecutors and agents not related to the case in any form. The last method is a judge appoints a neutral third party to review files. Chapter 5

1. Distinguish between a Trojan horse, a computer virus, and a worm. A Trojan horse is a deceptive program that appears to perform certain functions but ends up compromising your system. A computer virus is an infectious piece of software that can infect files on your computer and copy itself to other computers. A worm may be either a self- replicating program or a live organism with the ability to reproduce itself. 2. What is the difference between spyware and adware? Spyware looks for information about you to pass to a Web site. Adware is displaying annoying ads on your PC. One is stealing information; the other is giving information. 3. What is a TCP handshake? How does a SYN flood attack occur? A prime example of this kind of attack is a SYN flood attack . To understand this type of attack, knowledge of how a Transmission Control Protocol (TCP) connection is established is required. A TCP connection occurs as follows: Step 1: Computer X sends a TCP request to start a session, consisting of a SYN packet to Computer Y. Step 2: Computer Y receives X’s SYN (synchronization request) packet. Step 3: Computer Y sends a SYN-ACK (synchronization acknowledgment) packet. Step 4: Computer X receives Y’s SYN-ACK packet. Step 5: Computer X sends an ACK (acknowledgment) packet. Step 6: Computer Y receives the ACK packet. This process, which is also known as a TCP handshake, is how a TCP connection is established. A SYN flood attempts to take advantage of the TCP handshake as follows: Step 1: Computer X sends a SYN packet to Computer Y. Step 2: Computer Y receives X’s SYN packet. Step 3: Computer Y sends a SYN-ACK packet. Step 4: Computer X receives Y’s SYN-ACK packet. Step 5: Computer X does not respond to Y’s SYN-ACK packet but rather sends another SYN packet. This process is repeated several times. Consequently, legitimate users are denied connection requests because Y is overwhelmed with multiple open connections waiting for X’s ACK. As a result, Y can no longer respond to legitimate users’ requests for connection. 4. List the types of fraud that people engage in . Auction Frauds Online sales fraud

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Investment Fraud Credit card fraud Telecommunications fraud Identity Theft and Fraud Embezzlement 5. Name and describe two types of investment fraud. Two examples of investment fraud are Ponzi and pyramid schemes. Ponzi schemes involve soliciting investors to contribute to investment opportunities that promise high returns for little to no risk. The money provided by new investors is used to pay existing investors, but none of the money that an investor provides is invested anywhere. A pyramid scheme requires new investors to become involved in marketing a product and recruiting other investors. The emphasis of this scheme is not on the product being marketed, but rather on the recruitment of new investors. 6. What is intellectual property? Should it be protected? Intellectual property is intangible property that the law grants ownership rights to. Intellectual property should be protected because it is critical to fostering innovation. Without the protection of intellectual property, businesses would focus less on research and development and artists/writers/inventors would create less because of the lack of compensation for their works. 7. What are trade secrets? Why should the theft of trade secrets be criminalized? Trade secrets include “all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing” (see 18 U.S.C. § 1839(3)). The theft of trade secrets should be criminalized because they unlawfully benefit a foreign government, foreign instrumentality, foreign agent, or competitor at the expense of the country or business from which the information was stolen. 8. What is the main difference between cyber harassment and cyberstalking? Cyber harassment is a crime that occurs when an individual uses the Internet, e- mail, mobile phones, fixed telephony, or other forms of communications to intentionally irritate, attack, alarm, or otherwise bother another individual. Cyberstalking occurs when an individual repeatedly harasses or threatens another person using the Internet, e-mail, or other electronic communications devices. When engaging in cyberstalking, an individual may harass or threaten someone to

the point where the target (the person being stalked) fears for his or her well- being. Name the 3 cases from chapter 2 that dealt with the admissibility of scientific evidence and give the ruling in each case. Frye v. United Sates: The court rejected his request on the grounds that the systolic blood pressure deception test had not received general acceptance in the scientific community. Coppolino v. State: The court held that a test may be admitted if its validity could be proven, even if the general scientific community was unfamiliar with it. Daubert v. Merrell Dow Pharmaceuticals Inc: The court ruled that the fact that a theory or technique has not been subjected to peer review or has been published does not automatically render the method in question inadmissible.

cybercrime1

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