CJA 1100 Lecture 11: Chapter 16 - Terrorism, Cyber Crime, and the Future plus Key Terms

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31 May 2016
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Chapter 17 – Terrorism, Cyber Crime, and the Future
Chapter 17 Terrorism, Cyber Crime, and the Future
Law Enforcement and the “War” on Terrorism
oTo effectively combat terrorism, agencies must stop illegal acts before they occur
This requires a different view of how the law can be used.
oNormal law enforcement operations are reactive; a crime occurs and police respond.
oThe criminal justice system must, therefore, change in a fundamental way if it is to protect Americans
effectively from terrorism.
oWhether this change is possible or, in some instances, desirable is perhaps the most important question facing
law enforcement today.
oAntiterrorism and Effective Death Penalty Act of 1996
Makes it a crime to provide “material support or resources: to any group the United States has
designated a ‘terrorist organization.’”
This act allows law enforcement agents to arrest suspects even though no crime in the traditional sense
has occurred.
oThe criminal justice model response to terrorism involves treating terrorist activities like any other crime,
with the law enforcement, court, and correctional systems working together to deter terrorism through the
threat of arrest and punishment
oA growing number of experts believe the intelligence model, rather than the criminal justice model, should be
the nation’s blueprint for combating terrorism.
oThe intelligence model regards terrorist activities as threats to the security of the state rather than as criminal
acts.
oInstead of attempting to deter wrongdoing with the threat of arrest and punishment, the goal of an intelligence
investigation is to gather information that will keep the wrongdoing from happening in the first place.
oAliens Removed from the United States after Conviction, 1991-
2002
oImmigration Law as a Terrorism Prevention Tool:
The reason immigration law helps agencies fight
terrorism is because it offers fewer procedural
protections to non-citizens apprehended for immigration violations than criminal law provides for those
suspected of criminal activity.
The Double-Edged Sword: Security versus Civil Liberties
oThe Crime Control Model of justice has been adopted by the federal government to deal with terrorism
oIn the interests of greater security, Americans appear willing to relinquish some personal freedoms, however,
there appears to be some limit
oAmong other concerns, widespread criticism has occurred regarding The USA PATRIOT Act for infringing
on civil liberties
oTo a certain extent, the tension concerning civil liberties that has arisen as law enforcement agencies move to
prevent terrorism is inevitable
oThe USA PATRIOT Act
Allows for relaxed rules regarding search and seizure.
“Roving surveillance authority” allows federal agents to continue surveillances even though
jurisdictions may have changed.
More relaxed rules on the detention of individuals.
Rights to legal representation and confidentiality of communications with a lawyer have changed for
those held.
Military tribunals are to be used rather than civilian courts.
Cyber Crime
oCyber Crime and Computer Crime
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Chapter 17 – Terrorism, Cyber Crime, and the Future
Cyber Crime – “A crime that occurs online, in the virtual community of the Internet, as opposed to the
physical world.”
Computer Crime – “Any wrongful act that is directed against computers and computer parts or that
involves wrongful use or abuse of computers or software.”
Fraudulent
Activities Online
oCategories of Cyber Crimes
Cyber Crimes Against Persons and Property (e.g., cyber consumer fraud)
Cyber Crimes in the Business World (e.g., hackers)
Cyber Crimes Against the Community (e.g., pornography on the Internet)
oTypically involves the theft of a form of identification and use of it to access the victim’s financial resources
oOne of the fastest growing financial crimes in America
oFederal Trade Commission reported that 27.3 million consumers were victims of identity theft between 1998
and 2003:
Cost to consumers estimated at $5 billion
Cost to banks and other financial institutions estimated at $48 billion
oVirus – A computer program that can replicate itself over a network such as the Internet and interfere with the
normal use of a computer.
A virus cannot exist as a separate entity and must attach itself to another program to move through a
network.
oWorm – A computer program that can automatically replicate itself over a network such as the Internet and
interfere with the normal use of a computer.
A worm does not need to be attached to an existing file to move from one network to another.
oThree primary reasons why cyber crime is clearly suited to the habits and limitations of juveniles:
The enormous technological capacities of personal computers
The anonymity of the Internet
The acceptance of hacking in youth culture
oThe FBI and Cyber Crime
FBI has taken the lead in law enforcement efforts against cyber crime
National Infrastructure Protection Center deals with cyber threats concerning the country’s critical
infrastructure
Cyber crime is the FBI’s third-highest priority (following counterterrorism and counterintelligence)
Each of the FBI’s fifty-six field divisions has at least one agent who focuses solely on crimes committed
on the Internet
Criminal Justice: Looking to the Future
o“Smart” Cards of the Near Future
In 2005, Congress passed the REAL ID Act, which proposes to create a database that will contain
information on every adult American citizen who drives a car
The card will include much of the same information found on current driver’s licenses, however each
card will also contain a “smart chip” that will allow government officials to retrieve more detailed
information
oThe criminal justice system is not static, as challenges, changes, and events impact police, courts, and
corrections.
oAmong the more significant trends impacting the criminal justice system are:
Terrorism
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Chapter 17 – Terrorism, Cyber Crime, and the Future
The use of DNA evidence to convict and exonerate
Efforts to curb the costs of incarceration, either by providing alternatives to incarceration or early release
The move to treat juvenile delinquents as adult offenders
The use of immigration law to combat drug trafficking and terrorism
Chapter 16 Key Terms:
Alien-A person who is not a citizen of the country in which he or she is found and therefore may not enjoy the same
rights as a citizen of that country.
Antiterrorism and Effective Death Penalty Act (AEDPA)-Legislation giving law enforcement officers the power to
arrest and prosecute any individual who provides "material support or resources' to a "foreign terrorist organization."
Biological Weapon-Any living organism, such as a bacterium or virus, used to intentionally harm or kill adversaries in
war or targets of terrorist attacks.
Central Intelligence Agency (CIA)-The U.S. government agency that is responsible for collecting and coordinating
foreign intelligence operations.
Chemical Weapon-Any weapon that uses a manufactured chemical to harm or kill adversaries in war or targets of
terrorist attacks.
Domestic Terrorism-Acts of terrorism that take place within the territorial jurisdiction of the United States without
direct foreign involvement
First Responders-Those individuals, such as firefighters, police officers, and emergency medical technicians, who are
responsible for the protection and preservation of life and property during the early stages following a disaster.
Improvised Explosive Devices (IED's)-Explosive charges created using nonmilitary or nontraditional components,
often used by terrorists or other non-state actors without access to standard weapons training.
Infrastructure-The services and facilities that support the day-to-day needs of modern life such electricity, food,
transportation, and water.
Intelligence Agency-An agency that is primarily concerned with gathering information about potential criminal or
terrorist events in order to prevent those acts from taking place.
Military Tribunal-A court that is operated by the military rather than the criminal justice system and is presided over by
military officers rather than judges.
National Security Agency (NSA)-The intelligence agency that is responsible for protecting U.S. government
communications and producing intelligence by monitoring foreign communications.
Nuclear Weapon-An explosive device that derives its massive destructive power from the release of nuclear energy.
Patriot Act-Legislation passed in the wake of the September 11, 2001, terrorist attacks that greatly expanded the ability
of government agents to monitor and apprehend suspected terrorists.
Visa-Official authorization allowing a person to travel to and within the issuing country.
Weapons of Mass Destruction (WMD's)-A term that describes nuclear, radiological, chemical, or biological weapons
that have the capacity to cause large numbers of casualties or do significant property damage.
Computer Crime-Any wrongful act that is directed against computers and computer parts or that involves wrongful use
or abuse of computers or software.
Cyber Crime-A crime that occurs online, in the virtual community of the Internet, as opposed to in the physical world.
Cyber Fraud-Any misrepresentation knowingly made over th Internet with the intention of deceiving another and on
which a reasonable person would and does rely to his or her detriment.
Cyberstalking-The crime of stalking, committed in cyberspace through the use of e-mail, text messages, or another
form of electronic communication.
Encryption-The process by which a message is transmitted into a form or code that the sender and receiver intend not to
be understandable by third parties.
Hacker-A person who uses one computer to break into another.
Identity Theft-The theft of personal information, such as a person's name, driver's license number, or Social Security
number.
Intellectual Property-Property resulting from intellectual, creative processes.
Spam-Bulk emails, particularly of commercial advertising, sent in large quantities without the consent of the recipient.
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