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Internet Vulnerabilities & Criminal Activity. Online Pharmaceuticals & Online Gambling 7.1 3/8/10. Drugs Online.

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Internet Vulnerabilities & Criminal Activity

Online Pharmaceuticals

& Online Gambling

7.1

3/8/10


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Drugs Online

Federal law prohibits buying controlled substances such as narcotic pain relievers, sedatives, stimulants, and anabolic steroids without a valid prescription from a doctor. Most state laws requires a physical examination. Prescriptions written by "cyber doctors" relying on online questionnaires are not legitimate under the law

DOJ - DEA


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Problems with Prescription Drugs Sold Online

  • Selling drugs not approved by the FDA

  • Selling drugs without a prescription

  • Making fraudulent claims about drugs

  • Selling contaminated or altered drugs


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How Illegal Online Pharmacies Operate

  • Purchaser fills out online questionnaire

  • Online pharmacy pays doctor to review questionnaire

  • Purchaser’s order is filled without a prescription

    • Some allow faxing of prescription

  • Often advertise services via spam e-mail


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Problems with Illegal Pharmacy Drugs

  • Past expiration date

  • Banned in the United states

  • Counterfeit

  • Mislabeled

  • Adulterated

  • Sub-potent or over-potent

  • Contaminated

  • Made from suspect raw materials


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Worst Countries for Drug Impurities

  • Argentina

  • Costa Rica

  • Fiji

  • India

  • Mexico

  • Pakistan

  • The Philippines

  • Spain

  • Thailand

  • Turkey


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Why Consumers Buy Drugs Online

  • Price

  • Privacy

  • Abuse

    • “More Americans used narcotic pain medicines recreationally than all other drugs except alcohol.”

Crimes of the Internet p.103


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Law Enforcement Challenges Online Drug Sellers

  • Outside of the US

  • Most sales in small amounts

  • Maybe doctors or work with doctors

  • Sites may redirect to other sites



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Ryan Haight Online Pharmacy Consumer Protection Act of 2008

  • Amends the Controlled Substances Act to prohibit the delivery, distribution, or dispensing of a controlled substance that is a prescription drug over the Internet without a valid prescription.

  • Defines "valid prescription" as a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by a practitioner who has conducted at least one in-person medical evaluation of a patient.


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Law Enforcement & Online Drug Sales

  • Overwhelming to law enforcement

  • Using same skills as used in child exploitation

  • Difficult to intercept shipments

  • Need foreign government cooperation

  • Easy to change domain name & location


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Gambling

“Risk-creating device as compared with Insurance which is a risk-reducing or eliminating device.

Risking something of value.”


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Online Gambling

“An activity that takes place through a non-redirected, live Web site that allows monetary transactions in one or more of the following categories of gaming: casinos, lotteries, sports betting, or horse or dog racing.”

US Government Accounting Office


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The Appeal of Gambling

Recreation

Challenge

Heightened emotions

Sense of excitement

Plays into human desire to obtain money with little work

Income to states & other organizations


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Online Gambling vs. Gambling

Solitary activity

No external checks

Not occurring in real time

No time lags between wage & results

Borderless

Loss of revenue

States

Gambling casinos

Native-American casinos


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Individual’s Gambling Behavior

Based on three dimensions

Personal motivation

Willingness to take risks

Overall intensity of behavior

Time and money spent on gambling


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Typology of Internet Gamblers

The Accidental Tourist

Casual Internet users

Rarely plays online for money

Beachcombers

Wastes hours per day on the Internet

Sporadic, binge gambling

Recreational Surfers

Casual online user

Prefers traditional gambling atmosphere

Card Sharks

Primary focus is card playing


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Typology of Internet Gamblers

Steamers

Flashy games with little skill

Higher likelihood of addiction

Wi-Fi Trekkers

Access gambling sites through mobile means

Handicappers

Primary focus is sports events

Fad Gamers

Imagination gamblers

Will place wagers on almost anything


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Internet Gambling Concerns

Money laundering

Loss of tax revenue

Addiction

Underage gamblers

Identity theft

Fraud


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States Outlawing Internet Gambling

Illinois

Indiana

Louisiana

Nevada

Oregon

South Dakota


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Foreign Jurisdictions Outlawing Internet Gambling

Estonia

Hong Kong

Iceland

Norway

Uruguay

Approximately 50 countries have legalized Internet Gambling


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The Wire Act of 1961

  • 18 U.S.C. § 1084(a)

    • Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.


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The Travel Act of 1961

  • 18 U.S.C. § 1952

    • Aimed at prohibiting interstate travel or use of an interstate facility in aid of a racketeering or an unlawful business enterprise

    • “Unlawful business” - liquor, gambling, drugs, extortion, bribery, or arson

    • “Interstate travel” - mail, telephone or telegraph, newspapers, credit cards and tickertape


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SAFE Port Act of 2006

  • Unlawful Internet Gambling Enforcement Act

  • 31 U.S.C. § §5361-5367

    • Amendment to indirectly outlaw Internet gambling

    • Does not apply to individual bettors

    • Bettor must risk something of value

    • Prohibits illegal Internet gambling sites from accepting payments

  • Onus on banks, financial institutions, & Internet Service Providers (ISP)


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Is Internet Gambling a Victimless Crime?

“Willing & private exchange of strongly demanded yet officially proscribed goods and services”

Crimes of the Internet pg. 418


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Internet Gambling - Victimless?

Willing exchange

Informed consent

Lack of harm to others

Immediate - friends, family

Removed - society at large

No willing complainant

Online gamblers lose more $$


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