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.

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.

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.

If an innocent mistake is made then this is not a crime of false pretenses because the perpetrator either has to know that he is lying for gain, or be found to be reckless with regards to whether the information is a lie. Prosecutors can find it difficult to prove charges of reckless misrepresentation because it means that the defendant does not care one way or the other about the accuracy of the information, and it can be hard to establish that the defendant had no information regarding the inaccuracy used to secure ownership.

In the crime of false pretenses the misrepresentation must relate to a fact, either from the past or in the present. Just making a false promise about something, even if there is no intent to keep it, is not sufficient to constitute misrepresentation in the context of this crime. The criminal must also make an affirmative statement – he must make a false statement, as simply allowing the victim to believe something false without correcting them is insufficient to be charged with the crime of false pretenses (unless the defendant can be shown to have created this false impression). Other conditions for the crime are that there must be intent to defraud, and the misrepresentation must be a material reason for the victim to transfer ownership of the property.

Some of the different types of fraud are bankruptcy fraud, securities fraud, identity theft, insider trading, credit card fraud, telemarketing fraud, money laundering, home repair fraud, and embezzlement. But only the circumstances discussed in this article will lead to charges of a crime of false pretenses. This is not a crime that is typically discussed as one of the types of computer crimes, but some internet fraudsters may augment their online crime with activities that fall under the definition of false pretenses.

Embezzlement is a crime committed by people in positions of trust who have the ability to take lawful possession of property. These include public officials, brokers, trustees, employees etc. These individuals then convert the ownership to take control of the property for their own benefit, and in so doing they go beyond the terms that their position of trust afforded them. Basically they are taking somebody else’s property. In criminal cases proving that the property belonged to another party can be tricky. For example, if the embezzler was a co-owner prior to the embezzlement it may be easier to prove fraud than embezzlement.

The intent to defraud must be present at the time ownership was converted. If the defendant believed they have a right to the property they could use a ‘claim of right’ defense and be acquitted. If the criminal had the intent to convert ownership as soon as they were trusted with the property then it may be the case that they are guilty of larceny by trick, rather than embezzlement.

Embezzlement is not considered to be one of the many types of computer crimes, but access to computer files is often a key part of embezzlement cases. Computer forensics are sometimes used as key parts of evidence, and the property that has been embezzled can be traced through computer-initiated wire transfers.

To protect yourself from embezzlement, particularly if you are an employer, you should be on the look out for warning signs such as delays in bank deposits and documents that have gone missing. Regular account reviews should be undertaken to look for things such as drops in profits, duplicate payments, outstanding bills, and differences in accounts payable and receivable. Some of the other tell take signs are big increases in business with one customer, and missing petty cash. The most obvious signs are if your employee is overspending on luxury items, or has the same address as the vendor!

Accounting discrepancies are often the key evidence in the felony embezzlement (whether the defendant is charged with a felony varies by state). The recovery of records as swiftly as possible, and organizing them in a coherent fashion, is key to building a strong case. Often it is the case that an employer discovers the evidence, and then has to determine whether to manage the issue internally, file a civil suit, or deliver the evidence to the pubic authorities.

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.

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.
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.

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.

How do you prevent identity theft?

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!

How the Criminals Operate
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.

How to Protect Yourself
So now you know the tricks of the thieves, how do you prevent identity theft?

• The first thing to do is carefully monitor your personal information so that you can quickly identify any irregularities.
• 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.
• Be vigilant with your social security number, and never carry it around with you
• You should shred all papers with personal information on them before you dispose of them.
• 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.
• 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.
• To protect your computer use firewalls, anti-spyware, and anti-virus software.
• Keep your personal data safe and protected.

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.

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 help with identity theft check this related article.

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.

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.

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.

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.

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.

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.

This committee should also oversee the collection of blood samples for the population studies, and advise the courts on statistical questions as well. The committee would be composed of molecular geneticists, population geneticists, ethicists and lawyers. It would be housed in the National Institutes of Health or the National Institute of Standards and Technology, with support from the National Institute of Justice and the National Science Foundation.

The acceptance of DNA fingerprinting is going through the same type of debate that ink fingerprinting went through, with questions about whether more than one person could have the same print, whether there could be abuse by police, and the methods of taking samples. Considering all factors of DNA fingerprinting that have been presented in the courtroom, it does appear that the widespread acceptance of DNA testing in court is close to realization. However, it remains to be been what standards will be placed on the testing procedures and the labs performing the tests.

In a report issued by the National Academy of Sciences (NAS), the committee came out strongly in favor or mandatory accreditation of DNA typing labs and mandatory proficiency testing. The problem is that this new technology came to the forefront so rapidly that there are essentially no standards and no regulations. This is especially disturbing since the largest potential source or error lies in poor laboratory practice. The group urges Congress to adopt legislation requiring accreditation of all DNA typing labs and recommends that the courts allow DNA evidence to be admitted only if the laboratory has been accredited. They delegate the task of setting up the program to the Department of Health and Human Services in consultation with the Department of Justice.

At least 15 men have been freed after serving time when comparisons of their DNA failed to match evidence gathered at crime scenes. If even one out of 1,000 wrongly convicted justly goes free, the costs would be substantiated. The ink fingerprint had to pass the test. So will the genetic fingerprint. Why not perfect the technique and gauge the judicial system’s acceptance of DNA fingerprinting by freeing the innocent while attorney and scientist battle it out in court?

DNA fingerprinting, like ink fingerprinting, must go through various levels of acceptance and testing to determine its true usefulness. This process, if taken through the already over-crowded courts, will undoubtedly take years to perfect. Therefore, it is important to realize that while these battles wage onward and as DNA fingerprinting does gain the acceptance of the criminal justice system, it is to the advantage of that same system to use the conclusive science as a means to exonerate those wrongly convicted.

In a few years, it will be apparent that DNA fingerprinting is a major player in the evidence arena. It is evident now that there will seldom be a rape or murder trial brought into a courtroom without the most advanced forensic evidence – DNA fingerprinting. But is it fair for an innocent man to spend even one more day in prison when the means for his freedom exists, but is not made easily available because the debate of its accuracy wages on in court?

The results for the innocent man would be conclusive. There is no need for scientific evaluation or questions about the admissibility of the evidence in a court. DNA fingerprinting as a means of exonerating those wrongly convicted is an accurate, more reliable science than the statistical probabilities that must be accounted for in a conviction based on DNA evidence. Therefore, while scientists perfect the testing methods, the government establishes standards and the courts decide upon admissibility standards for DNA fingerprinting, the technology should be used more for the exoneration of those wrongly convicted instead of a means for attorneys to impress a jury with scientific hocus-pocus. One of the most compelling reasons for introducing more vigorous DNA laws is to confirm its role in strengthening child molestation laws.

Child pornography is defined as any visual depiction of sexually explicit conduct involving children under the age of 18. Both federal and state laws make it illegal to possess, distribute, manufacture, or sell materials that exploit minors, and the laws relating to child pornography have become progressively more severe in recent years.

Sexually explicit material is defined by the FBI to include any photograph, movie, videotape, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct. They also note that computer and electronic communication has become the techniques of choice that is used by pedophiles to share illegal photographic images of minors and to lure children into illicit sexual relationships.

The Internet has made it easier for offenders to obtain the materials and share their interest with others who endorse this type of sexual preference. There is no free speech or First Amendment protection for child pornography. In other words pornographic pictures of children are not constitutionally protected speech. Pornographic pictures are criminal evidence of the sexual exploitation of children.

People who are charged with child pornography crimes are usually caught by the use of undercover sting operations in which law enforcement poses as someone interested in child pornography, or as a minor willing to be lured by the offender. Internet service providers are required to report suspected child pornography sites or users. Tips from anonymous sources to tip lines are another source for law enforcement. Just because someone deletes emails or pictures from their computer does not mean that they disappear. A good computer tech can track down and restore such documents.

Penalties vary from state to state and can be quite severe. On the state level penalties range from five years in state prison for possession of child pornography for a first time offender to a minimum of fifteen years for distribution. Subsequent convictions will dramatically increase the sentence length as will sentence enhancements and strike laws; up to and including life imprisonment. The federal government often becomes involved because of the tendency of the crime to cross state lines. Federal sentences range from five to fifteen years for a first offense, fifteen to forty years for a second offense and then thirty five years to life imprisonment for additional offenses. All convicted offenders must register for life as a sex offender.

Defending a charge of possession, distribution or manufacturing child pornography is extremely difficult but not impossible. This is important because the use of the internet makes it easier to become unintentionally involved in child pornography. Many people download prohibited images without knowing what they contain and are then charged even though they had no intention of becoming involved with child pornography. It is easy to misinterpret a person’s age or intentions when chatting and browsing the web.

There are several potential defenses that could lead to an acquittal or not guilty verdict. All approaches involve what is known as an affirmative defense. An affirmative defense shifts the burden of proof from the prosecution to the defendant (affirmative defenses are most notable in the “insanity” defense). If you are convicted, you will be required to register as a sex offender. The sex offender database can be legally accessed by anyone except for convicted sex offenders.

The second defense, is that the defendant possessed less than three visual depictions and promptly and in good faith without keeping or allowing anyone else, other than a law enforcement agency to access any visual depiction and took reasonable steps to destroy each visual depiction or reported the matter to a law enforcement agency and allowed that agency access to each such visual depiction. Finally, if the defendant can show that the pictures were only seemingly child pornography; for example an eighteen year old dressed up as a child, but that no minors were actually involved then there was no actual crime committed it can be a child pornography defense (assuming no other obscenity laws were violated – see the case of Max Harcore AKA Paul Little for a good example of this issue being handled in a courtroom).

According to U.S. Department Justice, child molestation is a broadly defined term which includes: contacts or interactions including inappropriate physical contact between a child and an adult when the child is being used for sexual stimulation of the perpetrator or another person when the perpetrator or another person is in a position of power or control over the victim. Sexual Molestation is  a term defining offenses in which an adult engage in non-penetrative activity with a minor for the purpose of sexual gratification; for example, exposing a minor to pornography or to the sexual acts of others.

The definition of a minor varies from state to state; with states such as Arkansas allowing for consent at age fourteen and California which allows for consent at the age of eighteen. Consent is not a matter of consideration, and is not available as a defense to a charge of child molestation because federal and state laws do not recognize a child capable of issuing consent for any sexual acts.

Molestation of a minor is a felony punishable by the minimum sentence of two years in prison for first time offenders for child molestation: to the death penalty in some states for anyone convicted of a second or subsequent conviction of molestation involving a child less than fourteen years of age. A sentence enhancement including use of a fire arm, or a strike offense can lead to longer sentences. Five of fifty U.S. states can seek the death penalty for repeat offenders. If you are convicted, you will be required to register as a sex offender for life. The sex offender database can be legally accessed by anyone except for convicted sex offenders. Convicted child molesters that serve time in prison face greater peril than any other type of offender; they are considered by other inmates as being the “lowest of the low” and fair game for attacks against them. Convicted child molesters are often housed in protective custody for their own well being.

There are laws to enforce mandated reporting which requires persons that work in professions such as education, social service, medical professionals and any type of social work. They are required to file a report of any suspected abuse. The usual confidentiality afforded to therapist and their patients does not apply to child molestation.

There are several related child molestation laws on a national level, but the federal government does not usually get involved unless the crimes occur under federal jurisdiction, such as interstate transportation. If that is the case, the federal government of the will enhance child molestation laws to include charges such as transportation of a minor, soliciting and possibly kidnapping. Most of the laws concerning child molestation laws put enforcement in the states’ hands which is why the wording of the law and the penalties vary so much.

Allegations of child molestation are the easiest crime to accuse and the hardest to defend. The general public including juries is prone to automatically believe the allegation of a child. This can result in a situation where anyone accused of a sexual offense against a child is for all practical purposes presumed guilty. It is a difficult charge to defend but with qualified counsel it can be done. The most publicized defenses are affirmative defenses. An affirmative defense shifts the burden of proof from the prosecution to the defendant and includes mental disease or defect, intoxication and immaturity as well as affirmative belief that the minor misrepresented them to the defendant. The prosecutor knows only what the police or social workers have stated in their reports. Child molestation defenses are similar to child pornography defenses.  Under child molestation laws if the defendant can show that the minor represented themselves to be reasonably believed as an adult by showing documentation that appears to be legal for the purpose of validating a minors age, they may obtain an acquittal , but this is by no means certain, and one should never rely on documentation of proof of age as a license to commit crime.

The largest concern for law enforcement agencies is the staggering number of internet crimes that are perpetrated against minors. The FBI estimates that in the U.S. one in seven children have been contacted through the internet with sexually explicit material. Predators use the internet to collect child pornography, to chat with children, to lure children and to meet up with other predators. Most perpetrators are caught using sting operations that often include many agencies.

Law enforcement monitors chat rooms, web sites and person to person websites such as MySpace. If criminal activity is suspected then a decoy will be set to either lure the perpetrator “out” or gather data to arrest anyone that may be involved. Most web service providers including MySpace are very cooperative in helping law enforcement. In the United States internet crimes involving a minor are punishable on both the state and federal level. Possession of child pornography is a felony and requires that if convicted, the perpetrator register as a sex offender for life. It falls under the broad category of sexual exploitation of children and is punishable by 5 to 20 years in prison for a first offense 15 to 40 years for a second offense and 35 years to life for additional offenses.

Solicitation crimes such as prostitution and pandering have become more widespread in cyberspace. Often these ads or websites list themselves as escorts. Typing the word “escort” into a search engine will return over thirty million hits. Searching online personals will also result in a number “escort” ads. A legitimate escort service is legal, however, prostitution is not. Pimping and pandering occur when individuals seek out potential sex workers by recruiting using websites such as MySpace or Craigslist. Undercover officers search internet site for these ads, contact the suspect and a arrange meeting. Arrests are made once the suspect agreed to exchange sex acts for money. The federal government typically gets involved when they discover an interstate “ring”. The current penalties for online solicitation for sexual services are about the same as it is for traditional charges. Prostitution is typically a misdemeanor which is less than one year in the county jail, a fine or both. Pimping and pandering are felonies and sentences vary in length from one to six years in state prison for the first offense and longer sentences for repeat offenses.

The amount of pornographic material available on the internet is staggering, you may have to pay for it at some sites or you can watch as many free home movies as you would like at free sites. The idea of legislating pornography is difficult as it walks a fine line with the First Amendment and free speech rights. Internet pornographic material is not illegal as a watcher or a provider unless a minor is involved. Possessing or offering material that is deemed “obscene” is a crime. In 1964, Justice Potter Stewart tried to explain “hard-core” pornography, or what is obscene, by saying, “I shall not today attempt further to define the kinds of material I understand to be (pornographic / obscene) . . . but I know it when I see it. For something to be “obscene” it must be shown that the average person viewing the material would find that the work depicts or describes sexual conduct in a blatantly offensive way, and that it does not have literary, artistic, political or scientific value. Publishing obscene material online is a federal crime and carries a penalty of not more than five years in prison or a fine or both. This does not include any acts with a minor.

Someone arrested for an internet sex crime will potentially have a difficult time defending the crime. The fact that the crime was committed over the internet is what makes it hard to defend. Internet sex crimes tend to leave an electronic trail. Just because something is deleted from a computer does not make it disappear. Aside from taking your computer apart and smashing the components to bits the information will still be there. A reasonably skilled computer tech can track deleted information. Law enforcement keeps track of emails, messages, websites and other information to make sure that they have a trail before an arrest. Internet providers and website administrators often cooperate with law enforcement when crimes are committed and can provide tracking information.

In internet sex crimes, potential defenses might include entrapment i.e., the information was not solicited by the defendant. Another possible defense could be a First Amendment defense to argue what is obscene and or free speech and freedom of the press. Finally if a minor is involved, reasonable misrepresentation of age by an individual or the information provider may make an argument in the defendant’s favor.