OVERVIEW OF OVERVIEW OF COMPUTER CRIME COMPUTER CRIME

LEGISLATION IN HAWAIILEGISLATION IN HAWAIICHRISTOPHER D.W. YOUNGCHRISTOPHER D.W. YOUNG

Deputy Attorney GeneralDeputy Attorney General

Financial Investigations UnitFinancial Investigations Unit

(808)586-1160(808)586-1160

cdwy@yahoo.com

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Why should you be concerned about

cyber-crime?

INTERNET ACCESS95% of schools and 50% of all

classrooms have Internet accessThere are now over 300 million Internet

users, over 140 million in the USA aloneConsider how quick growth:

1994- 1 million users1998 – 100 million users2000 – 300 million users2009 – 1.9 billion users

50% of US households are online

WEB SITES# of web sites

1993 = 5,000 web sites2000 = 1+ billion web sites2001 = 3+ billion web sites

E-MAILMost popular online activityUsed by 85% of homes connected to Internet333.5 million e-mail accountsE-mail messages sent:

1994 = 777 million1997 = 618 billion1998 = 2.6 trillion1999 = 5.3 trillion2000 = 6.8 trillion

ISP – AMERICA ONLINE

23 million US members3 million International members1,602,000 Simultaneous Users120 million e-mails sent per day173 million e-mails received per day6 billion web hits per day245 million stock quotes per day

B2B Online Sales

Will grow faster than online retail salesBillions spent each year:

1998 = $5.1 billion2000 = $12 billion2002 = $327 billion

CSI/FBI 2000 COMPUTER CRIME AND SECURITY

SURVEY643 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

Internet Fraud Complaint Center

Between May 8 & Sept. 27, 2000, 15,295 complaints within the US

Average of $700 lossTotal losses: $10,706,500Auction fraud (48%) tops the list of

frauds

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; andImpose criminal sanctions

Awareness

Signed/Specific user agreementsMajority of intrusions/damage come

from an insider!

Update security measures regularlyRoutine back-upsHold people accountableCreate paper trail!

Updated LegislationHB 425 – 1st revision in 10

yearsMakes following acts

criminal:

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.

Computer Fraud 2

Knowingly, w/intent to defraud, transfers or disposes to another any

password or similar information (C FELONY)

Computer Damage 1Knowingly,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)

Damage =

loss aggregating at least $5000 in any one year period

Modification or impairment of medical record

Result in physical injuryThreaten public health safetyImpair the administration of justice.

Computer Damage 2Knowingly,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.

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)

FORFEITURE OF PROPERTY

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.

Unauthorized Computer Access 1Knowingly,Accesses a computer, system or network,Without authorization,Obtains information andOffense committed for purpose of financial

gain, orValue of information <$5000, orStatute or rule protects against unauthorized

disclosure (B FELONY)

Unauthorized Computer Access 2

Knowingly,Accesses a computer, system or network,Without authorization, andObtains information (C FELONY)

Unauthorized Computer Access 3

Knowingly,Accesses a computer, system or network,Without authorization (Misdemeanor)

Statute of Limitations

Felony = 3 years5 years after it is committed.

Commission on Computer Crimes Laws

First meeting by Sept. 1, 2001Report due 2003 session.

Successful ProsecutionPrompt reportingElectronic/Paper trailBanner warningsSigned and updated user

agreementsDocument losses

CHRISTOPHER D.W. YOUNGCHRISTOPHER D.W. YOUNG

Deputy Attorney GeneralDeputy Attorney General

Financial Investigations UnitFinancial Investigations Unit

(808)586-1160(808)586-1160

cdwy@yahoo.comcdwy@yahoo.com