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<channel>
	<title> &#187; Computer Crimes</title>
	<atom:link href="http://www.defending.com/category/white-collar-crimes/computer-crimes/feed" rel="self" type="application/rss+xml" />
	<link>http://www.defending.com</link>
	<description>What you should know before meeting your criminal lawyer</description>
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		<title>Congress Takes on the Cyberterrorist</title>
		<link>http://www.defending.com/cyberterrorist</link>
		<comments>http://www.defending.com/cyberterrorist#comments</comments>
		<pubDate>Sun, 08 Nov 2009 20:56:50 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Computer Crimes]]></category>
		<category><![CDATA[Terroristic Threatening]]></category>
		<category><![CDATA[Cyber sleuthing]]></category>
		<category><![CDATA[cyberterrorism]]></category>
		<category><![CDATA[cyberterrorist]]></category>
		<category><![CDATA[due process of law]]></category>
		<category><![CDATA[federal agents]]></category>

		<guid isPermaLink="false">http://www.defending.com/?p=487</guid>
		<description><![CDATA[The Patriot Act, passed by congress in 2001 is part of statutory law, and this article looks at the implications of the act on cyberterrorism, and considers the crimes of the cyberterrorist amongst other types of computer crimes. Pushed through in the wake of the terrorist attacks on the World Trade Center and Pentagon the [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft size-thumbnail wp-image-488" title="cyberterrorist" src="http://www.defending.com/wp-content/uploads/2009/11/cyberterrorist-150x150.jpg" alt="cyberterrorist" width="150" height="150" />The Patriot Act, passed by congress in 2001 is part of statutory law, and this article looks at the implications of the act on cyberterrorism, and considers the crimes of the <strong>cyberterrorist</strong> amongst other <a href="http://www.defending.com/types-of-computer-crimes">types of computer crimes. </a>Pushed through in the wake of the terrorist attacks on the World Trade Center and Pentagon the legislation&#8217;s full name is, “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act” (Public Law 107-56, 115 Statutes § 272, 2001). Following the act it became a federal crime to commit dangerous and illegal acts on U.S. soil where those acts have the intent to intimidate or coerce a civilian or the government.</p>
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<p>Cyberterrorism is the act of hacking into government computer systems, but under the Patriot Act also extends to hacking into and damaging any networked computer. It is punishable by up to twenty years in prison. Cyber sleuthing laws were also taken into account, and it was determined that Federal agents can gather information about suspected terrorists once they have a court order. The information must be relevant to an ongoing investigation, and enables the agent to track the sites being visited, and the names and organizations that are corresponded with via email. In order to see the contents of the emails additional authority is required. Federal agents are also able to obtain court orders for roving wiretaps on individuals suspected of terrorist activities. The law enables them to listen in on any of the phones the suspect uses.</p>
<p>In 2006 the Patriot Act was reenacted, with some sections of the original law deleted or amended. One of the most significant changes was the creation of a new Assistant Attorney General for National Security. This had the effect of consolidating previously disparate national security and intelligence operations.</p>
<p>The act is a controversial one, with many believing that it violates the constitution. In particular, it has expanded the rights of law enforcement to seize and search which seems to violate the right to privacy. It is also contested that the vagueness of the definition of “domestic terrorism” means that those using their First Amendment rights in expressing disagreement with government policies could fall into this category. Some attorneys have suggest that the act does away with the right to the due process of law, particularly in the case of immigrants. At the end of the day it is down to federal agents and judges to exercise the new powers in a legitimate fashion, but this leaves the act open to interpretation that violates the constitution.</p>
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		<title>Internet Fraudsters go Phishing</title>
		<link>http://www.defending.com/internet-fraudsters</link>
		<comments>http://www.defending.com/internet-fraudsters#comments</comments>
		<pubDate>Sun, 08 Nov 2009 14:45:05 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Computer Crimes]]></category>
		<category><![CDATA[White Collar Crimes]]></category>
		<category><![CDATA[Anti-Phishing Working Group]]></category>
		<category><![CDATA[electronic crime]]></category>
		<category><![CDATA[identity theft]]></category>
		<category><![CDATA[phishing scam]]></category>
		<category><![CDATA[warning language]]></category>

		<guid isPermaLink="false">http://www.defending.com/?p=477</guid>
		<description><![CDATA[With the Federal Trade Commission reporting that nine million Americans fall victim to identity theft each year, and ever increasing types of computer crimes emerging, it is clear that internet fraudsters are a growing threat. One of their favorite scams is phishing where they set up web sites, or send emails, designed to solicit the [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft size-thumbnail wp-image-478" title="internet-fraudsters" src="http://www.defending.com/wp-content/uploads/2009/11/internet-fraudsters-150x150.jpg" alt="internet-fraudsters" width="150" height="150" />With the Federal Trade Commission reporting that nine million Americans fall victim to identity theft each year, and ever increasing <a href="http://www.defending.com/types-of-computer-crimes">types of computer crimes emerging</a>, it is clear that <strong>internet fraudsters</strong> are a growing threat. One of their favorite scams is phishing where they set up web sites, or send emails, designed to solicit the personal information of victims, which will then be used to commit fraud. The Anti-Phishing Working Group claims that the internet has never been more dangerous, and reports that malicious code has broken new barriers as electronic crime’s sophistication and ambition has grown unchecked.</p>
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<p>An advanced phishing scam will set up a web site made to look like a legitimate site, for example, a replication of a bank or e-commerce site. More common is a simple email encouraging you to click on a link. The email will state something like, “We suspect an unauthorized transaction on your account. To ensure that your account is not compromised, please click the link below and confirm your identity” or, “During our regular verification of accounts, we couldn’t verify your information. Please click here to update and verify your information.” Even if these are emails from a known source they are fake – these days internet fraudsters are able to send emails that makes it look like they came from an email address that you know.</p>
<p>If you get these emails you should never reply, and certainly not click on the links. Just clicking on the links could infect your computer with a virus that then logs your key strokes and sends the data back to the fraudster. Cutting and pasting the link into your web browser is just as dangerous. In order to protect your computer you should use anti-virus and anti-spyware software, as well as a firewall, and ensure that you update the programs regularly.<br />
In addition to fake web sites and emails you may suddenly see a pop-up on your computer requesting that you update information – you should not click these even if they use threatening warning language.</p>
<p>A good rule of thumb is to never email personal information, and if you receive any email asking you to do so consider it a scam. Email is not a secure means of communication at all, particularly if you are using POP3 technology. If you are in any doubt about a communication the best thing is to phone the company. There is no foolproof method of protecting against internet fraudsters, and they are getting more and more sophisticated. The best advice is to be a sophisticated internet user, be familiar with what scams look like, and use adequate security software.</p>
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		<title>How do you prevent identity theft?</title>
		<link>http://www.defending.com/how-do-you-prevent-identity-theft</link>
		<comments>http://www.defending.com/how-do-you-prevent-identity-theft#comments</comments>
		<pubDate>Sun, 08 Nov 2009 14:31:40 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Computer Crimes]]></category>
		<category><![CDATA[White Collar Crimes]]></category>
		<category><![CDATA[dumpster diving]]></category>
		<category><![CDATA[identity theft affidavit]]></category>
		<category><![CDATA[pretexting]]></category>
		<category><![CDATA[prevent identity theft]]></category>
		<category><![CDATA[stealing identities]]></category>

		<guid isPermaLink="false">http://www.defending.com/?p=471</guid>
		<description><![CDATA[How do you prevent identity theft? With an estimated nine million Americans having their identities stolen each year this is clearly not an easy question to answer. As criminals have advanced from garbage rummaging on to hacking computers and infiltrating online social networks this is becoming one of the hardest types of computer crimes to [...]]]></description>
			<content:encoded><![CDATA[<p><strong><img class="alignleft size-thumbnail wp-image-473" title="how-do-you-prevent-identity-theft" src="http://www.defending.com/wp-content/uploads/2009/11/how-do-you-prevent-identity-theft-150x150.jpg" alt="how do you prevent identity theft" width="150" height="150" />How do you prevent identity theft?</strong> With an estimated nine million Americans having their identities stolen each year this is clearly not an easy question to answer. As criminals have advanced from garbage rummaging on to hacking computers and infiltrating online social networks this is becoming one of the hardest <a href="http://www.defending.com/types-of-computer-crimes">types of computer crimes</a> to protect against.</p>
<p>The first thing you need to do is familiarize yourself with the way thieves go about stealing identities. The information they are typically after is your name, credit card details, banks data, and social security number. Identity theft is the misuse of your personally identifying information such as your name and Social Security number, credit card numbers, or other financial account information. The criminals use a range of techniques: dumpster diving, skimming, pretexting, phishing, address changing, bribery, and plain old stealing!</p>
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<p><strong>How the Criminals Operate</strong><br />
Dumpster diving is the traditional approach which involves thieves rummaging in your garbage for useful data. Skimming is where criminals use a storage device to make a copy of your card when they are processing a legitimate payment. Pretexting is the use of false pretenses to get your information, such as claiming that you credit card details are needed in order to claim a prize. Another tactic employed by criminals is to complete a change of address form to divert your mail to another address, and thus gain access to credit card statements. If people, such as employees, have access to your personal data then criminals may bribe them for access to the data. Finally, some thieves simply steal your wallet.</p>
<p><strong>How to Protect Yourself</strong><br />
So now you know the tricks of the thieves, how do you prevent identity theft?</p>
<ul>
<li>The first thing to do is carefully monitor your personal information so that you can quickly identify any irregularities.</li>
<li>Never give personal information without being certain of the other party. If you get an email requesting personal information and are in doubt about its legitimacy you should phone the institution to ensure that it is genuine. It is very unlikely that any company would ask you to provide information via email.</li>
<li>Be vigilant with your social security number, and never carry it around with you</li>
<li>You should shred all papers with personal information on them before you dispose of them.</li>
<li>Do not click on links in emails that you are unsure of. Even if an email looks like it comes from a known address it may be disguised, so if the body of the email (the contents, the nature of the request, the wording) seems unusual the do not click.</li>
<li>When using passwords make them as secure as possible. They should be a combination of numbers and letters, and not relate to birthdays, names etc.</li>
<li>To protect your computer use firewalls, anti-spyware, and anti-virus software.</li>
<li>Keep your personal data safe and protected.</li>
</ul>
<p>Even with all these prevention methods in place you should keep an eye out for identity theft. If your bills are not arriving on time, your credit is being denied, you receive letters about purchases you did not make, or you receive an unexpected billing statement, these are all signs that you could be a victim of identity theft.</p>
<p>How do you prevent identity theft if you are already a victim? You defend it vigorously to stop things getting worse. You should immediately inform all the financial institutions you work with, file a police report, inform the major credit bureaus, and report it to the Federal Trade Commission. You should work with an attorney to prepare identity theft affidavits which inform all the financial institutions and credit bureaus that you are a victim of fraud. This affidavit will include a copy of the police report. Finally, if you are looking for more <a href="http://www.defending.com/help-with-identity-theft">help with identity theft check this related article.</a></p>
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		<title>Do you need help with identity theft?</title>
		<link>http://www.defending.com/help-with-identity-theft</link>
		<comments>http://www.defending.com/help-with-identity-theft#comments</comments>
		<pubDate>Sun, 08 Nov 2009 13:23:07 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Computer Crimes]]></category>
		<category><![CDATA[criminal identity theft]]></category>
		<category><![CDATA[identity cloning]]></category>
		<category><![CDATA[Identity Theft and Assumption Deterrence Act]]></category>
		<category><![CDATA[identity theft issues]]></category>
		<category><![CDATA[synthetic identity theft]]></category>

		<guid isPermaLink="false">http://www.defending.com/?p=465</guid>
		<description><![CDATA[One of the most serious types of computer crimes is identity theft. Although it is possible for criminals to gather your personal data without using computers, in reality this is very much an “internet crime.” The days of people rummaging through garbage to get data have evolved to making use of technology to gather sufficient [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft size-thumbnail wp-image-466" title="help-with-identity-theft" src="http://www.defending.com/wp-content/uploads/2009/11/help-with-identity-theft-150x150.jpg" alt="help-with-identity-theft" width="150" height="150" />One of the most serious <a href="http://www.defending.com/types-of-computer-crimes">types of computer crimes</a> is identity theft. Although it is possible for criminals to gather your personal data without using computers, in reality this is very much an “internet crime.” The days of people rummaging through garbage to get data have evolved to making use of technology to gather sufficient information about an individual in order to impersonate them, and typically to purchase high value goods using the victim’s financial resources. The Federal Trade Commission estimates that up to nine million Americans have their identity stolen each year, and provides <strong>help with identity theft</strong> issues.</p>
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<p>The biggest problems with this type of crime are the ease with which they can be conducted and the low chance of being caught. Identity theft is an anonymous crime where the criminal and victim don’t meet, and the only trace of the crime is an electronic one which requires sophisticated detection methods. Furthermore, because of the lack of violence in the crime it is not one that carries stiff penalties. Also, unless multiples cases are solved at the same time the criminal is only usually found to have stolen a relatively small amount of money. This can be frustrating for law enforcement as the criminals often steal multiple identities, but manage to evade detection on most of them.</p>
<p>The criminals target securing personally identifying information, such as the victim’s name, credit card number, or social Security number, and then go to commit fraud. Typically the criminal will quickly set up a phone and credit card in the victim’s name, and even rent a property. This base gives a veil of legitimacy from which they can go on to commit a range of crimes. The crime can go undetected for extended periods of time as it is not until something like a credit card statement arrives that the victim realizes what has happened.</p>
<p>It is not a victimless crime where the expenses are picked up by the credit card companies. Instead people suffering identity theft can find that their credit records are wiped out, and they are unable to secure loans. Sometimes victims are arrested for crimes they did not commit.</p>
<p>From a legal point of view there are four distinct forms of identity theft: identity cloning, synthetic identity theft, financial identity theft, and criminal identity theft. The Identity Theft and Assumption Deterrence Act was passed in the late 1990s. The Act makes it a federal crime to know about, unlawfully transfer, or possess identification documents.</p>
<p>With identity cloning the criminal is seeking to conceal his own identity by using somebody else’s. This is usually to avoid detection for another crime. Synthetic identity theft is where the criminal simply makes up part or all of an identity; again this is usually to avoid detection for another crime. Financial identity is the most commonly understood, and is where credit cards are or loans are taken out in the victim’s name. Criminal identity theft is where somebody charged with a crime gives somebody else’s details. Sometimes these people are still punished for the crime, but emerge from prison with a clean criminal record.</p>
<p>If you find yourself a victim and needing help with identity theft then you should immediately inform all the financial institutions you work with, file a police report, inform the major credit bureaus, and report it to the Federal Trade Commission. You should work with an attorney to prepare identity theft affidavits which inform all the financial institutions and credit bureaus that you are a victim of fraud. This affidavit will include a copy of the police report.</p>
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		<title>What types of computer crimes are the most serious?</title>
		<link>http://www.defending.com/types-of-computer-crimes</link>
		<comments>http://www.defending.com/types-of-computer-crimes#comments</comments>
		<pubDate>Thu, 05 Nov 2009 13:15:49 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Computer Crimes]]></category>
		<category><![CDATA[White Collar Crimes]]></category>
		<category><![CDATA[adult internet user]]></category>
		<category><![CDATA[computer fraud]]></category>
		<category><![CDATA[cyber stalking]]></category>
		<category><![CDATA[fictitious e-mails]]></category>
		<category><![CDATA[illegal activity]]></category>
		<category><![CDATA[online predator]]></category>

		<guid isPermaLink="false">http://www.defending.com/?p=424</guid>
		<description><![CDATA[The purpose of the article is to provide individuals accused of a computer crime with basic practical information including, charges, penalties and possible defenses. It has also been designed to give an overview for readers who are interested in the subject. It is not intended as a substitute for qualified legal counsel. It is not [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.defending.com/wp-content/uploads/2009/11/types-of-computer-fraud-150x150.jpg" alt="types-of-computer-fraud" title="types-of-computer-fraud" width="150" height="150" class="alignleft size-thumbnail wp-image-431" />The purpose of the article is to provide individuals accused of a computer crime with basic practical information including, charges, penalties and possible defenses. It has also been designed to give an overview for readers who are interested in the subject. It is not intended as a substitute for qualified legal counsel. It is not legal advice.  The information is by no means an exhaustive inventory of all of the possible types of computer crimes that fall into the category of computer crimes.</p>
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<p>There are many potential illegal activities that involve the use of computers. As advances in technology progress so does the sophistication of the perpetrators. According to the FBI, in the year 2000, eighty five percent of surveyed businesses stated that they had been a victim or criminal activity through the use of computers. The types of computer crimes and be broken down into two categories: crimes that target computers or networks and crimes that are facilitated by the use of a computer. The individual must “willfully” or “knowingly” commit the acts to satisfy the intent element of the crime.</p>
<p>Crimes that are committed against computers or computer networks include the sending out of computer viruses. Viruses infect your machine by attaching themselves to programs, files, and start-up instructions. Hacking or cracking is unauthorized access to or modification a computer, program or software. Again the intent is to vandalize, destroy programs or data. Spamming is the sending of unsolicited emails and bulk messages indiscriminately resulting in slower computer or server performance and the appearance of prank emails. A denial of service attack occurs when an internet server is flooded with a nearly constant stream of non-legitimate requests for web pages, thereby denying other users an opportunity to download a page and also possibly crashing the web server.</p>
<p>Many computer crimes are committed with the intent to engage in some form of illegal activity through the use of the computer and more precisely the internet. Phishing involves the use fictitious e-mails and websites which are designed to deceive recipients into revealing personal information such as credit card numbers, account usernames and passwords and social security numbers. By imitating trusted sites phishers are able to convince up to five percent of recipients to respond to them according to U.S. Department of Justice. Computer fraud is the act of using a computer to commit a deception in order to secure unfair or unlawful gain. Cyber stalking is an activity in which a &#8220;cyber stalker&#8221; follows a victim&#8217;s online activity to gather information, threaten or to arrange &#8220;real life&#8221; contact or generally harass a victim.  Identity theft is similar to fraud in that someone steals the identity of another by using their credit card, drivers’ license, social security or other personal identification numbers. When creating a new identity, the perpetrator uses the information to open new accounts. With capture identity theft, the perpetrator uses the information to access existing accounts and makes fraudulent transactions. Cyber terrorism in general, can be defined as an act of terrorism committed through computer resources to incite actions of political groups and carry out terrorist threats. Internet child pornography, and the distribution of it, is one of the most targeted activities for investigation by both federal and state law enforcement agencies. A similar crime is that of the online predator who is an adult internet user who exploits vulnerable teens, usually for sexual or other abusive purposes.</p>
<p>Offenders are caught through a variety of methods. Undercover sting operations and reporting from internet service providers are the most effective.  Tips from the public or reports from consumers are an effective source of information. The federal government strives to keep up with the latest technology to keep a step ahead of fraudulent computer use.</p>
<p>The FBI and the Secret Service investigate computer crimes that involve interstate issues such as homeland security, banks, brokerages and the stock market. If a person intentionally access a computer system in order to profit or gain access to information that is otherwise restricted the penalties range from one year in prison for just accessing the computer to life imprisonment or the death penalty if a death or threat to national security occurs.</p>
<p>State sentences vary based on the nature of the crime and the amount of “damage” that ensues. Penalties range from misdemeanors to include one year or less in jail to harsher sentences for more severe crimes including life imprisonment in some states.</p>
<p>Defending certain types of computer crimes is possible but becomes increasing more difficult as the charges become more severe. Many defendants agree to a plea bargain, which basically amounts to pleading guilty to a lesser offense; this is especially true if the accused can lesser their charges from federal to state statues. Another strategy involves the intent offense. If for example, a person is charged with a computer crime such as cyber stalking, a possible defense would be that the accused had no intention of stalking a victim and thought that their communication was merely a method to communicate with the victim thereby lacking the intent to commit the crime.</p>
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