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Cyber Crime

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

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  1. 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

  2. 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?

  3. 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.

  4. 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.

  5. Cyber Crimes : Cyber Theft • Cyber Theft. • Identity Theft using novel methods. • Low cost of black-market data. • “Phishing.” • Vishing. • Employment Fraud.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.”

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