Chapter14

Homeland security and cyber crime

Defining Homeland Security:

A concerted national effort to prevent terrorist attacks within the United States, reduce America’s vulnerability to terrorism, and minimize the damage and recover from attacks that do occur.

Defining Terrorism:

The unlawful use of force against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

The Changing Global Context of Terrorism

Osama bin Laden and Al Qaeda

Domestic Terrorism

Evolving Threat Patterns◦ The Diffusion of Al Qaeda

◦ The Internationalization of Domestic Terrorism

Questions:◦ How has the War on Terrorism changed the

criminal justice system in the United States?

◦ Is terrorism something you worry about on a regular or semi-regular basis? Does this worry alter your behavior?

Identify three important trends in international terrorism.

Trends identified by homeland security expert Brian Jenkins:

• Terrorists have developed more efficient means of managing their finances.

• Terrorists have developed more efficient models of organization.

• Terrorists have exploited new communication technology.

Explain why the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is an important legal tool against terrorists.

The Antiterrorism and Effective DeathPenalty Act (AEDPA):

Passed in 1995 in response to the OKC bombings

Prohibits persons from providing material support to foreign terrorist organizations (FTOs)

The Patriot Act: Designed to “level the playing field.” Makes it easier for law enforcement to collect

information about suspected terrorists and detain them.

Enhances the ability of the government to keep non citizens suspected of terrorist activities out of the United States.

Targets the fundraising activities of terrorist organizations.

The Patriot Act: Relaxes restrictions on information sharing between

government agencies. Creates a crime of “knowingly harboring a terrorist.”

Allows greater freedom in seizing email.

Funds allow the tripling of border patrol agents, customs inspectors, and immigration agents.

Non-citizens can be detained up to seven days without being informed of the charges against them.

Eliminates the statute of limitations for terror-related offenses.

Describe the primary goals of an intelligence agency and indicate how it differs from an agency that focuses solely on law enforcement.

Intelligence agencies rely on the following strategies to collect information:

◦ Electronic surveillance

◦ Human-source collection

◦ Open-source collection

◦ Intelligence sharing

◦ Counterintelligence

Issues with the response to terrorism:

Terror related investigations have strained local law enforcement resources and led to crime increases in some areas.

Communication difficulties have led to dissatisfaction for many local agencies.

Explain how American law enforcement agencies have used “preventive policing” to combat terrorism.

Preventive Policing ◦ Prevent crimes before they occur

The Criminal Justice model

The Intelligence Model◦ Local Intelligence◦ The National Counterterrorism Center

List the primary duties of first responders following a terrorist attack or other catastrophic event.

Emergency Preparedness and Response◦ Duties include:

Securing the scene

Rescuing and treating any injured civilians

Containing and suppressing fires or other hazardous conditions

Retrieving those who have been killed

Border Security

◦ Regulated Ports of entry 88 millions foreign visitors arrive through America’s

more than 100 international airports, with millions more crossing the borders with Mexico and Canada.

◦ Unregulated Ports of Entry Millions of people illegally cross into the United

States through the borders with Mexico and Canada each year.

Explain how the Patriot Act has made it easier for federal agents to conduct searches during terrorism investigations.

Terrorist Profiling Searches, Surveillance, and Security

◦ The Patriot Act and Searches Allows the FBI or other federal agencies to obtain

warrants for “terrorism” investigations, “chemical weapons” investigations, or “computer fraud and abuse” investigations as long as agents can prove that such actions have a “significant purpose” – no proof of criminal activity is required

◦ The Patriot Act and Surveillance

Due Process and Indefinite Detention

Military Justice

• Enemy combatants tried by military tribunals rather than civilian courts

• No right to trial by jury

Changing CourseClosing GTMOAccessing Criminal CourtsAccessing Military Commissions

Distinguish cyber crime from “traditional” crime.

Cyber crime is a crime that occurs online as opposed to the physical world.◦ Cyber Consumer Fraud

◦ Cyber Theft

◦ Identity Theft

◦ Phishing

◦ Cyber Aggression and the New Media Cyberstalking

Cyberbullying

Questions:

◦ Discuss the extent of identity theft?

◦ How can you prevent becoming a victim of identity theft?

Describe the three following forms of malware: (a) botnets, (b) worms, and (c) viruses.

Botnet – a network of computers that have been appropriated without the knowledge of their owners and used to spread harmful programs via the internet.

Worm – a computer program that can automatically replicate itself over a network such as the internet and interfere with the normal use of a computer.

Virus – a computer program that can replicate itself over a network such as the internet and interfere with the normal use of a computer; cannot exist as a separate entity and must attach itself to another program to move through a network

Cyber Crimes in the Business World

◦ Hackers

◦ The Spread of Spam

◦ Pirating Intellectual Property Online

Cyber Crimes Against the Community

Fighting Cyber Crime

◦ Challenges for Law Enforcement

Cyber Forensics

Jurisdictional Challenges

◦ Federal Law Enforcement and Cyber Crime

◦ Private Efforts to Combat Cyber Crime