From: Jim Choate <ravage@ssz.com>
Date: Fri, 23 Jan 1998 13:39:29 +0800
To: cypherpunks@ssz.com
Subject: http:--www.usdoj.gov-criminal-cybercrime-
Message-ID: <199801230455.WAA12772@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text/plain



   
   
Computer Crime and Intellectual Property Section
(CCIPS) 

     
     
     202-514-1026
     Fax 202-514-6113
     
   
   
     The CCIPS is responsible for implementing the Justice Department's
     Computer Crime Initiative, a comprehensive program designed to
     address the growing global computer crime problem. Section attorneys
     are actively working with other government officials (e.g., the FBI,
     Department of Defense, NASA) the private sector (including hardware
     and software vendors and telecommunications companies), academic
     institutions, and foreign representatives to develop a global
     response to cyberattacks. These attorneys, who are responsible for
     resolving unique issues raised by emerging computer and
     telecommunications technologies, litigate cases, provide litigation
     support to other prosecutors, train federal law enforcement
     personnel, comment upon and propose legislation, and coordinate
     international efforts to combat computer crime.
     
   
   
   
     _________________________________________________________________
   
   
   
   Information is available via this web site about the following topics:
   
   
     I. COMPUTER FRAUD AND ABUSE
    1. The National Information Infrastructure Protection Act of 1996 
       
     II. SEARCHING AND SEIZING COMPUTERS
    1. Federal Guidelines for Searching and Seizing Computers
    2. Supplement to Federal Guidelines for Searching and Seizing
       Computers
       
     III. PROTECTING INTELLECTUAL PROPERTY RIGHTS :
     
     Copyrights, Trademarks and Trade Secrets
    1. Federal Guidelines for Prosecution of Violations of Intellectual
       Property Rights 
    2. Operation "Counter Copy" 
    3. "No Electronic Theft ('NET') Act"
    4. The Economic Espionage Act
       
   IV. ENCRYPTION AND COMPUTER CRIME
    1. Letter from Attorney General Janet Reno and others to Members of
       Congress regarding law enforcement's concerns related to
       encryption
    2. Testimony of Deputy Assistant Attorney General Robert S. Litt,
       Before the Subcommittee on Telecommunications, Trade and Consumer
       Protection, of the House Commerce Committee on September 4, 1997 
       
   
   
   V. INTERNATIONAL ASPECTS OF COMPUTER CRIME
    1. Attorney General Janet Reno's Speech to Senior Experts
       Representing the G-7 on January 21, 1997 
    2. Council of Europe Recommendation 95(13)
       
   
   
   VI. LAW ENFORCEMENT COORDINATION FOR HIGH-TECH CRIMES
    1. Computer-Telecommunications Coordinator ("CTC") Program
       
   VII. PRIVACY ISSUES IN THE HIGH-TECH CONTEXT
    1. Law Enforcement Concerns Related to Computerized Data Bases
       
   
   
   Enforcing the Criminal Wiretap Statute
   
   Other Relevant Links 
   



   
   
   
     _________________________________________________________________
   
  I. COMPUTER FRAUD AND ABUSE
  
   
     _________________________________________________________________
   
   
   
   A. The National Information Infrascructure Protection Act of 1996 
   
     
     
     In October 1996, the National Information Infrastructure Protection
     Act of 1996 was enacted as part of Public Law 104-294. It amended
     the Computer Fraud and Abuse Act, which is codified at 18 U.S.C. 
     1030. Below you will find links to the amended version of 18 U.S.C.
      1030, as well as a legislative analysis, prepared by attorneys
     from the Computer Crime and Intellectual Property Section.
     
     * Legislative Analysis
     * 18 U.S.C. 1030 Amended
       
   
   
   B. Other Relevant Web Sites
   



   
   
   
     _________________________________________________________________
   
  II. SEARCHING AND SEIZING COMPUTERS
  
   
     _________________________________________________________________
   
   
   
   A. Federal Guidelines for Searching and Seizing Computers
   
     The process of Searching and Seizing Computers raises unique issues
     for law enforcement personnel. The Federal Guidelines for searching
     and seizing computers illustrate some of the ways in which search a
     computer is different from searching a desk, a file cabinet, or an
     automobile.
     
     * Introductory Remarks
     * FEDERAL GUIDELINES - Table of Contents
     * Download the Zipped WordPerfect file [138K].
       
   
   
   B. Supplement to Federal Guidelines for Searching and Seizing
   Computers
   
     In October 1997, the Computer Crime and Intellectual Property
     Section published a Supplement to Federal Guidelines for Searching
     and Seizing Computers. This Supplement is intended to update the
     Federal Guidelines for Searching and Seizing Computers that had been
     published in July 1994. The Supplement describes relevant federal
     cases decided since July 1994 as well as a number of additional
     earlier decisions. The Supplement also describes relevant state
     cases, which had not been incorporated in the original Guidelines.
     The cases in this Supplement are organized according to the sections
     in the Guidelines.
     
     
   
   Supplement to Federal Guidelines for Searching and Seizing Computers
   Preface to Supplement to Federal Guidelines for Searching and Seizing
       Computers
   Supplement to Federal Guidelines for Searching and Seizing Computers -
       Table of Contents
   Download the Zipped WordPerfect 6.1 file [231k]
       
   
   
   C. Other Relevant Web Sites
   



   
   
   
     _________________________________________________________________
   
  III. PROTECTING INTELLECTUAL PROPERTY RIGHTS :
  Copyrights, Trademarks and Trade Secrets
  
   
     _________________________________________________________________
   
   
   
   A. Federal Guidelines for Prosecution of Violations of Intellectual
   Property Rights
   (Copyrights, Trademarks and Trade Secrets)
   
     
     
     The importance of the protection of intellectual property to the
     economic well-being and security of the United States cannot be
     overestimated. The Computer Crime and Intellectual Property Section
     wrote the attached manual to assist law enforcement in the
     investigation and prosecution of violations of federal criminal
     copyright, trademark, and trade secret laws. Section I of the manual
     contains an overview of the protection of intellectual property, and
     discusses the basic scope of copyright, trademark, and trade secret
     and patent law. Section II focuses on intellectual property entitled
     to copyright protection and Section III describes the applicability
     of various federal criminal statutes to copyright infringement.
     Section IV addresses the prosecution for trafficking in counterfeit
     goods under 18 U.S.C.  2320. Section V discusses the prosecution of
     trade secret thefts and analyzes the recently enacted Economic
     Espionage Act of 1996. Finally, Section VI contains a list of
     contact persons, model indictments, search warrant affidavits, jury
     instructions, state criminal trade secret statutes, and the
     legislative history of the Copyright Felony Act and the Economic
     Espionage Act of 1996.
     
     * Table of Contents
     * Download the Manual Zipped WordPerfect file [###K].
       
   B. Operation "Counter Copy" 
   
     
     
     In early May, the Department of Justice and the Federal Bureau of
     Investigation released the first results of a nationwide law
     enforcement effort to crack down on trademark and copyright fraud,
     which is estimated to cost American businesses millions of dollars
     each year and cheat unsuspecting consumers who purchase counterfeit
     products. As a result of the joint effort, called Operation "Counter
     Copy," 35 indictments were returned since the beginning of April for
     copyright or trademark infringement. More information about
     Operation Counter Copy, including a press release and brief
     summaries of the cases, are available via the links below.
     
     * Summaries of Cases
     * FBI page - Counter Copy Cases
     * Press Release
       
   
   
   
   
   " C. No Electronic Theft ('NET') Act"
   
   
   
     Computers are changing the way that copyrighted goods are being
     illegally copied and distributed, creating new challenges for
     copyright owners and for law enforcement.
     
     
   
     * The Statement of Kevin V. DiGregrory,
       
    Deputy Assistant Attorney General of the Criminal Division before the
   Subcommittee on Courts and Intellectual Property of the House
   Committee on the Judiciary, presented September 11, 1997, describes
   how law enforcement is addressing this challenge and expresses the
   Department's support for the goals of H.R. 2265, The "No Electronic
   Theft ('NET') Act."
   
   A one page Summary of Statement is also available.
   
   
   
   D. The Economic Espionage Act
   
     The Computer Crime and Intellectual Property Section is also charged
     with evaluating all requests for approval of charges under the
     Economic Espionage Act and making a recommendation regarding the
     approval of such requests to the Attorney General, Deputy Attorney
     General, or Assistant Attorney General. In addition, the Section
     also prosecutes certain Economic Espionage cases directly.
     
     Four Pillars Case
     
     One well-publicized case currently being prosecuted by the Section
     involves the alleged theft of trade secrets by the Four Pillars
     Enterprise Company, LTD, of Taiwan from an American corporation.
     Press releases relating to that case can be found below.
   
     * Press Release: Taiwanese businessman and daughter arrested on
       industrial espionage charges (September 5, 1997)
       
       
   Press Release: Taiwanese firm, its President and his daughter indicted
       in industrial espionage case; Third individual charged in Ohio
       case (October 1, 1997)
       
   E. Other Relevant Web Sites
   



   
     _________________________________________________________________
   
  IV. ENCRYPTION AND COMPUTER CRIME
  
   
     _________________________________________________________________
   
   
   
     The nation's policy on encryption must carefully balance important
     competing interests. The Department of Justice has a vital stake in
     the country's encryption policy because encryption may be used not
     only to protect lawful data against unauthorized intruders, it may
     also be used to conceal illegitimate materials from law enforcement.
     While we support the spread of strong encryption, we believe that
     the widespread dissemination of unbreakable encryption without any
     accommodation for law enforcement access is a serious threat to
     public safety and to the integrity of America's commercial
     infrastructure. Our goal is to encourage the use of strong
     encryption to protect privacy and commerce, but in a way that
     preserves (without extending) law enforcement's ability to protect
     public safety and national security. Accordingly, the Administration
     has promoted the manufacture and use of key recovery products, aided
     the development of a global key management infrastructure ("KMI"),
     and liberalized United States restrictions on the export of robust
     cryptographic products. We anticipate that market forces will make
     key recovery products a de facto industry standard and thus preserve
     the balance of privacy and public safety that our Constitution
     embodies.
     
    A. Letter from Attorney General Janet Reno and others to Members of
   Congress regarding law enforcement's concerns related to encryption
   
     On July 18, 1997, Attorney General Janet Reno and others sent a
     letter to Members of Congress outlining law enforcement's concerns
     about the public safety and national security threats posed by
     unbridled availability of strong encryption. It urged legislators to
     support a balanced approach that supports commercial and privacy
     interest while maintaining law enforcement's ability to investigate
     and prosecute serious crime. This letter was co-signed by:
     * Louis Freeh, Director, Federal Bureau of Investigation
     * Barry McCaffrey, Director, Office of National Drug Control Policy
     * Thomas A. Constantine, Director, Drug Enforcement Administration,
     * Lewis C. Merletti, Director, United States Secret Service
     * Raymond W. Kelly, Undersecretary for Enforcement, U.S. Department
       of Treasury
     * George J. Weise, Commissioner, United States Customs Service
     * John W. Magaw, Director, Bureau of Alcohol, Tobacco and Firearms
       
     An image of the letter, as signed, as well as the text of the letter
     is available via the links below:
     * Image of letter to Congress regarding encryption as signed 
       
   Text of letter to Congress regarding encryption as signed
   (WordPerfect)
   
   B. Testimony of Robert S. Litt, Deputy Assistant Attorney General,
   before the Subcommittee on Telecommunications, Trade and Consumer
   Protection, of the House Commerce Committee, on September 4, 1997 
   
     Robert S. Litt, Deputy Assistant Attorney General, Criminal
     Division, Department of Justice, testified before the Subcommittee
     on Telecommunications, Trade and Consumer Protection, of the House
     Commerce Committee, on September 4, 1997. His testimony addressed
     encryption and one of the bills proposing to modify the United
     States' regulation of cryptography, H.R. 695. His tesimony, and a
     summary of his testimony, is available via the link below.
     * Summary of Robert Litt's testimony 
       
   before the Subcommittee on Telecommunications, Trade and Consumer
   Protection, of the House Commerce Committee, on September 4, 1997
   
   Robert Litt's testimony before the Subcommittee on Telecommunications,
   Trade and Consumer Protection, of the House Commerce Committee, on
   September 4, 1997 C. Other Relevant Web Sites
   



   
     _________________________________________________________________
   
   
   
  V. INTERNATIONAL ASPECTS OF COMPUTER CRIME
  
   
     _________________________________________________________________
   
   
   
   
   
   With the explosive growth of the Internet worldwide, computer crimes
   increasingly are prone to have international dimensions. Some of the
   challenges faced by law enforcement on the international front
   include: harmonization of countries' criminal laws; locating and
   identifying perpetrators across borders; and securing electronic
   evidence of their crimes so that they may be brought to justice.
   Complex jurisdictional issues arise at each step. The Department of
   Justice is working with foreign governments through many channels to
   address global threats related to computer crime. A. Attorney General
   Janet Reno's speech to Senior Experts representing the G-7 on January
   21, 1997 
   
   On January 21, 1997, Attorney General Janet Reno spoke to Senior
   Experts representing the G-7 group of leading industrialized nations
   (now, with the inclusion of Russia, known as The Eight). The Attorney
   General's speech addressed the challenges presented to law enforcement
   by hightech and computer criminals, and she suggested a number ways in
   which the United States and its allies can respond to this global
   threat. Her speech is available via the link below.
   
     * Janet Reno's speech to Senior Experts representing the G-7 on
       January 21, 1997
       
   
   
   B. Council of Europe Recommendation 95(13)
   
     In September 1995, the Council of Europe adopted eighteen (18)
     recommendations relating to problems of criminal procedural law
     connected with information technology. These recommendations are
     available via the link below.
     * Council of Europe Recommendation 95(13) relating to problems of
       criminal procedural law connected with information technology,
       Sept. 1995
       
   
   
   C. Other Relevant Web Sites
   



   
     _________________________________________________________________
   
   
   
  VI. LAW ENFORCEMENT COORDINATION FOR HIGH-TECH CRIMES
  
   
     _________________________________________________________________
   
   
   
   A. Computer-Telecommunications Coordinator ("CTC") Program
   
     Coordination among prosecutors in high-tech crime cases has improved
     dramatically because of the implementation, since January 1995, of
     the "Computer-Telecommunications Coordinator" ("CTC") program. Under
     the CTC program, each United States Attorney's Office, as well as a
     few other Department entities, has designated at least one Assistant
     U.S. Attorney to serve as a CTC, with a few distinct areas of
     responsibility. To reach a CTC, contact the Computer Crime and
     Intellectual Property Section, or the U.S. Attorney's office in a
     particular district. CTC responsibilities are outlined below.
     
     * CTC responsibilities
       
   
   
   B. Other Relevant Web Sites
   



   
     _________________________________________________________________
   
   
   
  VII. PRIVACY ISSUES IN THE HIGH-TECH CONTEXT
  
   
     _________________________________________________________________
   
   
   
   A. Law Enforcement Concerns Related to Computerized Data Bases
   
     The Computer Crime and Intellectual Property Section of the
     Department of Justice submitted comments in response to the request
     of the Federal Trade Commission ("FTC") for comments on its workshop
     on Consumer Information Privacy and its Data Base Study. The
     Department is deeply concerned about the safety and security of
     American citizens. The Department is vigilant to take appropriate
     measures to guard their privacy while using all the resources at its
     disposal, including information resources, to investigate and
     prosecute violations of the federal criminal law. The comments are
     available via the link below:
     
     * CCIPS comments as submitted to the FTC workshop on Consumer
       Information Privacy and Data Base Study
       
   
   
   
   
   B. Enforcing the Criminal Wiretap Statute
   
     The Computer Crime and Intellectual Property Section helps to
     protect the privacy of Americans by enforcing the criminal wiretap
     statute, 18 U.S.C. 2511. One well-publicized interception involved
     a conference call in which the Speaker of the House Newt Gingrich
     participated. The couple that intercepted the call pleaded guilty on
     April 25, 1997, as is described in the press release below.
     
     * Press release regarding guilty plea for interception of a
       communication 
       
     
     
   C. Other Relevant Web Sites
   



   
   
   Go to . . . Criminal Home Pages || Justice Department Home Pages
     _________________________________________________________________
   
   
    Updated page December 8, 1997
    usdoj-jmd/irm/css/jea
    
   
     _________________________________________________________________