International Cyber Crime

Cyber crime, or eCrime, is a worldwide problem that goes beyond consumer fraud. It has a direct impact on the security of every country that uses the Internet. For those reasons, there has been an international effort to enact laws to punish attacks on personal, corporate and government computers – for whatever reason.

In the United States the most current statute is 18 U.S.C. 1030. The language in Section 1030 is part of the Fair Credit Reporting Act and makes it a federal crime to:

“intentionally access a computer without authorization” and thereby obtain information contained in a financial record or of a credit card user or contained in the file of a financial institution”

Section 1030 further defines the scope of the act to include, “knowingly and with the intent to defraud, accesses a protected computer.”

How prevalent is cyber crime? The results of a Gallup Poll released on December 13, 2010 indicate that 11 percent of those polled knew someone or had personally been the victim of a computer attack – an increase of eight percent from a previous poll on the same question.

In 2009 alone, the Internet Crime Complaint Center (IC3) received 336,665 computer attack complaints in the United States – a 22.3 percent increase over 2008. Of the complaints, 146,663 were turned over to law enforcement for action. The financial loss from the attacks referred to law enforcement agencies amounted to $559.7 million, an increase of $264.6 million over 2008′s total.

Cyber crime does not recognize international boundaries and it is difficult to track the criminal activity back to its source. While an attack may originate in a country half way around the world, it travels through several zombie computers and server before reaching its mark.

Governments affected by cyber crime realize that fighting and prosecuting computer attacks will require a concerted and coordinated effort by agencies in every country.

Coordinating the Fight against Cyber-Crime

One of the most commonly cited impediments to effectively fighting cyber-crime is the lack of uniformity among state and federal laws. Although the federal government has enacted legislation that expands federal agencies ability to prosecute a wider range of cyber-crime and provided victims with the right to get restitution, there needs to be legislative agreement among the states as to what constitutes cyber-crime and a coordinating effort among state agencies in pursuing and prosecuting cyber criminals. The federal government also needs to be part of this effort.

Some states have proposed adopting model laws that would put all jurisdictions on the same page. However, this idea has not taken root among all 50 states. It is worth noting that the European Union has successfully enacted uniform cyber-crime statutes that apply to all member nations.

One of the few coordinated federal efforts is the Internet Crime Complaint Center (IC3), a partnership between the FBI and the National White Collar Crime Center (NW3C). Their mission is to receive, develop and refer cyber-crime complaints to the appropriate law enforcement agency. The IC3 estimates that a complaint is filed for one in seven cyber-crimes. Their concern is that the actual number of cyber-crimes committed and the losses incurred could be as much as seven time larger than reported. A 2005 FBI survey found that losses to U.S. organizations totaled $67 billion.

The Government Accounting Office (GAO) estimates of the economic impact of cyber-crime concur with the FBI’s survey. In another report, the GAO noted that there are four challenges to effectively combat computer related crime: (1) every cyber-crime needs to be reported. (2) All law enforcement agencies must have the technological resources and expertise to identify and pursue cyber-criminals. This is the GAO’s biggest concern. (3) Agencies need the ability to work with each other in a borderless environment. And (4) computer user security practices need be implemented and constantly used, and awareness of cyber-crime needs to be raised.