14 / FBI Law Enforcement Bulletin

ith the growth oftechnological access,systems, and re-

sources, cyber-related crimesare on the rise in many commu-nities. How will local lawenforcement agencies addressthe growth of high-tech crime inthe future? What impact willterrorism have on the nation’s

technological infrastructure, andhow do we protect against it?

The high-tech industry isvital to the nation’s economyand its future. Industries, busi-nesses, government agencies,and private households allbenefit from a healthy andwell-protected technologicalenvironment. And, everyone

wants reassurance that commu-nications, financial operations,and technological infrastructureare closely guarded. The risingfear of cyber-related crime notonly inhibits the use of develop-ing technology but adverselyaffects national economicconditions. The FBI estimatesthat the average loss for a

W

Defending AgainstCybercrime and TerrorismA New Role for UniversitiesBy TONY AEILTS

January 2005 / 15

technology-oriented crime isnearly $500,000, and, further,the added cost to the consumeris $100 to $150 per computersale.1 Other estimates indicatethat losses related to high-techcrimes in the United States are$10 billion to $15 billion peryear.2 Further, 10 millionAmericans were victimized byidentity theft in one year, withestimated losses exceeding $50billion,3 and the Federal TradeCommission reported that of the516,740 complaints received in2003, over 41 percent regardedidentity theft.4

Beyond the implications ofcybercriminal activity, a newtechnological threat existspertaining to terrorism. SinceSeptember 11, 2001, the nationhas focused more on the issueof cyberterrorism becausealthough terrorists typicallyhave used traditional methodsof physical attack (explosives,kidnappings, and hijackings),their attention may move, withincreasing frequency, towardcyberterrorism. Various formsof technological infrastructuremay be vulnerable to suchattack; pipelines, power plants,transportation, and other hardassets rely on cybertechnology.Further, communication sys-tems used for financial, mili-tary, police, and corporate pur-poses suffer from the samevulnerability. This not only in-cludes threats against physical

facilities and tangible equip-ment but remote cyberattacksthat could disable nationalinfrastructure as well.

DEFINING THE SCOPEOF THE PROBLEM

Headlines regarding thethreat of high-tech crimehave become commonplace.Cyberstalking of children,child pornography, identitytheft, financial fraud, computerhacking, computer viruses, andtheft of proprietary businessinformation and intellectualproperty have become theprominent crime for thosewith even modest amounts oftechnological sophistication.5

Statistics related to the preva-lence of high-tech crime remainunclear. Many law enforcementagencies do not clearly identifyoccurrences of high-tech crime.

For example, a high-tech relatedtheft of money or resourcesstatistically is identified as atheft based upon historicaldefinitions; the high-tech com-ponent of the crime may not beidentified at all. To address thisissue, the FBI and the NationalWhite Collar Crime Centerimplemented the Internet FraudComplaint Center (IFCC) in2000.6 The IFCC tracks com-plaints it receives and coordi-nates with local law enforce-ment agencies regardingappropriate investigative juris-diction; however, this processstill does not provide consistentmeasurements of cybercrime.

From January 1, 2002, toDecember 31, 2002, the IFCCWeb site received 75,063complaints.7 Additionally, theIFCC points out “that Internetusage passed the 200 million

“

”

This virtual crimeworld demandscooperation and

sharing of resourcesamong agencies....

Chief Aeilts heads the California State UniversityPolice Department in San Luis Obispo.

16 / FBI Law Enforcement Bulletin

mark...from just 65 million in1998.” 8 This dramatic threefoldincrease in Internet usage in justa few years could indicate thepossibility of a correspondingincrease in cybercrime. Someexperts argue that many “...vic-tims may have serious doubtsabout the capacity of the policeto handle computer crimeincidents in an efficient, timely,and confidential manner.”9

Businesses or other institutionsmay not report such crimes dueto concerns of loss of prestige,customers, and financial status.Consequently, agencies maynot adequately capture cyber-related crime statistics, and thegross impact of this type ofcrime, generally, may appearunderstated.

COORDINATINGJURISDICTIONS ANDSHARING RESOURCES

The difficulty of identifyingthe impact of cybercrime is notthe only significant concern—jurisdictional issues also areproblematic. When a high-techcrime occurs, it is not alwaysclear which law enforcementjurisdiction is responsible for itsinvestigation and prosecution.Cyberincidents can cross re-gional, state, and even interna-tional jurisdictional boundaries.Crime has expanded into avirtual geographic world andtraditional jurisdictions andboundaries do not apply. Thisvirtual crime world demands

cooperation and sharing ofresources among agencies:“...although sharing informationamong the courts, the police,and other justice agencies atevery level of government hasbeen a goal of dedicated indi-viduals and organizations forthe past several years, theSeptember 11 terrorist attackshave given the issue a renewednational scope.... The attacks,they say, highlighted the lack ofinformation exchange andunderscored the importance ofimproved coordination amongagencies....10

multiagency cooperation. “Themost promising approach so faris a task force in which high-tech specialists from city,county, state, and federal lawenforcement agencies worktogether and accept assistancefrom industry.”12 However, onecritical component is missingfrom that formula—the effortcan and should bring high-techresources from higher-educationinstitutions to the forefront toassist law enforcement andnational defense. “The WhiteHouse’s top computer securityofficial...called on colleges anduniversities to help develop anational strategy for securingcomputer networks. ‘I think thiseffort—this framework—isextremely important becauseit demonstrates that the issueof network security is a majorconcern of colleges and univer-sities around the country,’said...[the] president of theAmerican Council on Educationin a statement. ‘Policy makersand corporate leaders shouldknow that the higher-educationcommunity is working togetherconstructively to address thischallenge.’”13

LINKING WITHHIGHER-EDUCATIONINSTITUTIONS

Higher-education resourcesare abundant within the realmof technology, but law enforce-ment agencies fundamentallyunderuse them. Frequently,

Most law enforcementagencies simply do not havethe resources to adequatelydeal with the myriad of poten-tial cybercrimes.11 The abilityto track criminals in multiplejurisdictions, as well as special-ized knowledge of vast varietiesof hardware, software, applica-tions, foreign languages, andother related issues, requiresregional, state, and national

Together, allstakeholders shouldexplore the various

dynamics of thehigh-tech crime

problem.

”“

January 2005 / 17

these resources are in closeproximity to many agenciesbut simply remain overlooked.

Specific Strategies

University High-TechFaculty and StaffLaw enforcement admin-

istrators should identifyuniversity faculty and staff as asignificant training resource, aswell as one in support of high-tech criminal investigations.Faculty members routinelyconduct high-tech research,including the development andimplementation of cutting-edgeinnovations. Their positionsenable them to recognize theimplications of emergingtechnology issues and under-stand potential social impacts.Their research and developmentoften address how individualscan abuse and compromisetechnology, as well as findways to protect it. “Universityresearch is crucial to developingways to protect computer net-works, in part, because busi-nesses can’t afford to spendmoney on long-term, high-riskresearch.”14 Further, universitiestypically have well-developedinformation technology supportservices with cadres of highlytrained staff who routinelyinstall, repair, modify, andprotect information systems.Part of their expertise comesfrom daily exposure to thesesystems on a functional level.

Few local law enforcementagencies have this well-devel-oped resource.

Additionally, institutionsof higher education have high-tech classroom facilities withnumerous monitors, computers,interfaces, remote projection,automated lectures, and otherrelated capabilities, providingsubstantial opportunity to trainmultiple students, providequality high-tech instruction,and enhance student interaction.These training resources com-monly are available duringacademic breaks throughoutthe year.

to university high-techresources and personnel andserve as a mechanism to ensureinvestigative integrity. Univer-sity police departments canmonitor such issues as searchand seizures, due process, andinvestigative protocol and pro-vide liaison with member agen-cies and the district attorney.This expertise proves helpfulwhen identifying and usingnonsworn university resourcesin support of cybercrime in-vestigations, and it can smooththe way toward a successfulinvestigation.

Using a multiagency, high-tech investigation protocol canreduce potential misunderstand-ings about resources (depart-ments should use personneland other resources based uponprior agreement), protect theintegrity of the investigations,and provide a system of easyreference that allows memberagencies to follow a consistentand predictable process. Agen-cies should consider a numberof factors in their protocol,including the personnel-sharingprocess, technological equip-ment and programs purchases,and grant-funding distribution.

Financial OpportunitiesMany high-tech task forces

compete for a variety of stateand federal grants. However,most grants require an accom-plishment record indicating theimportance of financial support

An Investigative andMultiagency ProtocolMany colleges and universi-

ties employ state-certified lawenforcement agencies to protectassets of the institution. Theseeducationally based depart-ments can provide a criticalconduit for allied law enforce-ment agencies and their access

18 / FBI Law Enforcement Bulletin

to continue efforts to addressthe problem. Because manyhigh-tech businesses have astrong interest in guardingagainst high-tech crime, col-laborating with these organiza-tions may produce additionalfinancial resources. Manycompanies offer a variety offunding opportunities viafoundations—corporate effortsto support their community.Agencies should pursue corpo-rate high-tech support, as wellas government grants.

A high-tech crime investi-gation partnership, in and ofitself, provides a generallyself-supporting mechanism.Equipment and people costmoney, but the sum contributionof partnered agencies consti-tutes the initial formula thatbest would support the begin-ning steps of this effort. Infact, if each agency providessome limited support, such aspersonnel, resources, trainingexpertise, and computer equip-ment, the high-tech group likelycan be self-supporting. Addi-tional funding based upongrants, foundations, and alliedorganizations then becomes aresource to enhance an alreadyexisting and functionalprogram.

StakeholdersTogether, all stakeholders

should explore the variousdynamics of the high-techcrime problem. Each will have

a perspective unique to theirneeds, concerns, resources, andcustomers. Until such collabora-tive meetings occur, stakehold-ers will lack full awareness oftheir own resources and exper-tise. Most important, partici-pants must gain their organi-zation’s support. Long-termapproval for partnerships,protocols, and financial andpersonnel support is critical tothe development of a realisticand substantial program. Stake-holders may vary from oneregion to another, but the local

of a high-tech, multiagencycrime investigation group, theyshould identify line-level per-sonnel who can accommodatethe program’s efforts. Forcolleges and universities, thisincludes their police investi-gators, as well as high-techfaculty and staff members. Eachorganizational leader shouldcharge these individuals withthe responsibilities of communi-cating with line-level membersin partner agencies. Fundamen-tally, the grassroots memberswill form many of the long-termand functional relationships.

While it may be helpful forline-level law enforcement per-sonnel to have extensive high-tech investigative expertise, it isnot necessary. The preliminarydevelopment of a high-techpartnership should include thoseagencies with little or no high-tech expertise; an importantelement of this process is thedevelopment of expertise andresources over time.

A Model for the FutureThe University Police

Department (UPD) at CaliforniaPolytechnic State University inSan Luis Obispo reviewed itscybercrime issue and imple-mented several approaches toaddress the problem. First,several UPD officers receivedextensive training from theuniversity’s wealth of staffmembers and faculty withbroad expertise in technology,

district attorney, college oruniversity, area law enforce-ment agencies, and the FBIprovide a basic formula. Busi-nesses, which can provideinformation technology special-ists and financial support, alsoshould be considered an integralpart of the plan.

Line-Level PersonnelOnce stakeholder organiza-

tional leaders agree to support amove toward the development

”“Law enforcementadministrators should

identify universityfaculty and staff as asignificant training

resource....

January 2005 / 19

emerging high-tech trends,and education/training abilities.The training centered on theapplication of computer foren-sics and investigative protocolas they related to high-techcrime. Next, UPD invitedrepresentatives of local lawenforcement agencies to discussthe formation of a high-techtask force. The response wasoutstanding; representativesfrom departments in a four-county area attended the meet-ing, along with universityfaculty and staff.

UPD then developed ane-group site15 using universityfaculty. A list of 30 investiga-tors from 14 agencies in 3counties signed on to use thissite as a mechanism to ex-change high-tech investigationinformation and as a forum tosolicit help with their investiga-tions. Other meetings occurredand, subsequently, interest in ahigh-tech resource group grewto 46 investigators representing5 counties in the region. Facultymembers provided trainingand discussion ensued aboutjoining the High-Tech CrimeInvestigators AssociationInternational. At that point,participation included localcity police and county sheriffs’departments, state agencies,the district attorney’s office,and the FBI. Additionally, thegroup sought participationfrom corporations, recognizingthat they also are victims of

high-tech crime and couldprovide high-tech expertiseand resources.

Currently, this group in-cludes about 100 members,representing dozens of agencies.Members continue to meet,communicate via the e-groupsite, provide high-tech training,and share investigative exper-tise with each other on a varietyof high-tech crime investiga-tions. This effort specificallyhas resulted in the successfuloutcome of numerous regional,multiagency, high-tech investi-gations with direct involvementfrom the forensic expertise ofUPD officers and the supportof high-tech faculty and staff.UPD, as an educationally ori-ented police agency, influenceda region and helped coordinatethe high-tech resources ofuniversity police, faculty andstaff, and corporations. It alsoprovided an organized venue to

coordinate the high-tech re-sources of regional alliedagencies.

CONCLUSIONThe United States is not

yet adequately prepared to dealwith cybercrime and terrorism.The significant cost of cyber-crime, coupled with the diffi-culty of identifying it, is ofnational concern, and the lawenforcement profession shouldalign agencies and resources toaddress these issues. The inclu-sion of college and universityresources in the fight againstcybercrime and the threat ofterrorism may be a pivotal step.High-tech faculty, staff, andfacilities, as well as universitypolice departments, are a pow-erful combination of re-sources—one which existsin thousands of communities.In-depth technological exper-tise, high-tech classrooms,

information systems support,and a built-in policing conduitall can be used to mitigate thepotential impacts of high-techcrime and terrorism.

Endnotes1 California High-Tech Task Force

Committee, Combating High-Tech Crimein California: The Task Force Approach,(June 1997), 3.

2 Blumberg, “ID Anti-Theft EffortsStir Capitol Debate,” The Daily Recorder,August 7, 1998, 7.

3 Testimony of FBI Deputy AssistantDirector Steven M. Martinez before theHouse Government Reform Committee’sSubcommittee on Technology, InformationPolicy, Intergovernmental Relations, andthe Census, September 2004.

4 U.S. Federal Trade Commission,“FTC Releases Top 10 ConsumerComplaint Categories in 2003,” retrievedon November 8, 2004, from http://www.ftc.gov/opa/2004/01/top10.htm.

5 For additional information, seeRobert D’Ovidio and James Doyle, “AStudy on Cyberstalking: UnderstandingInvestigative Hurdles,” FBI Law Enforce-ment Bulletin, March 2003, 10-17; JohnPollock and James May, “AuthenticationTechnology: Identity Theft and AccountTakeover,” FBI Law EnforcementBulletin, June 2002, 1-4; Thomas R.Stutler, “Stealing Secrets Solved:Examining the Economic Espionage Actof 1996,” FBI Law Enforcement Bulletin,November 2000, 11-16; and Matthew L.Lease and Tod W. Burke, “Identity Theft:A Fast-Growing Crime,” FBI LawEnforcement Bulletin, August 2000, 8-12.

6 Jerry Seper, “Justice Sets Up WebSite to Combat Internet Crimes,” TheWashington Times, May 9, 2000, sec. A.,p. 6.

7 IFCC 2002 Internet Fraud Report,retrieved on June 9, 2004, from http://www.ifccfbi.gov/strategy/2002_IFCCReport.pdf.

8 Ibid.

9 Marc Goodman, “Making ComputerCrime Count,” FBI Law EnforcementBulletin, August 2001, 13.

10 Dibya Sarkar, “Homeland SecurityFocuses Coordination,” retrieved on April2, 2004, from http://www.fcw.com/fcw/articles/2002/0401/news-home-04-01-02.asp.

11 The FBI’s Cyber Task ForceUnit (CTFU) assists in the creation,maintenance, and operation of cyber taskforces throughout the United States. Theunit ensures that these task forces arecapable of responding to significant crim-inal and national security threats involvingthe use of computers, the Internet, andhigh technology. The unit ensures that 1)task forces have state-of-the-art equipmentand sufficient technical talent so that theUnited States is prepared to respond tocyber-related threats; 2) an effectiveinfrastructure enables law enforcement tohave a coordinated approach to theinvestigation of cybercrime; and 3) therelationship between the FBI’s cyber taskforces and those associated with otheragencies are complementary.

12 Supra note 1, 17.13 Dan Carnevale, “White House

Official Asks Colleges to Help CreateNational Computer-Security Strategy,”The Chronicle of Higher Education, April19, 2002, 12; retrieved on April 5, 2004,from http://chronicle.com/free/2002/04/2002041901t.htm.

14 Richard A. Clarke, special advisor tothe President for cyberspace security, inDan Carnevale, “White House OfficialAsks Colleges to Help Create NationalComputer-Security Strategy,” TheChronicle of Higher Education, April 19,2002, 12; retrieved on April 5, 2004, fromhttp://chronicle.com/free/2002/04/2002041901t.htm.

15 An e-group site hosts special interestgroups on the Internet. These sites oftenoffer free, usually advertising-supported,service for anyone who wants to create anelectronic forum in which individual andgroup discussions can take place about aparticular area of interest. The site may berestricted by password protection.

20 / FBI Law Enforcement Bulletin

Wanted:Photographs

he Bulletin staff isalways on the lookoutT

for dynamic, law enforce-ment-related photos forpossible publication in themagazine. We are interestedin photos that visually depictthe many aspects of the lawenforcement profession andillustrate the various taskslaw enforcement personnelperform.

We can use either black-and-white glossy or colorprints or slides, although weprefer prints (5x7 or 8x10).We will give appropriatecredit to photographers whentheir work appears in themagazine. Contributorsshould send duplicate, notoriginal, prints as we do notaccept responsibility fordamaged or lost prints. Sendphotographs to:

Art DirectorFBI Law EnforcementBulletin, FBI Academy,Madison Building,Room 201, Quantico,VA 22135.