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>C O M P U T E R U N D E R G R O U N D<
>D I G E S T<
*** Volume 1, Issue #1.18 (June 25, 1990) **
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MODERATORS: Jim Thomas (Sole moderator: Gordon Meyer on vacation)
REPLY TO: TK0JUT2@NIU.bitnet
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.
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DISCLAIMER: The views represented herein do not necessarily represent the
views of the moderators. Contributors assume all responsibility
for assuring that articles submitted do not violate copyright
protections.
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***************************************************************
*** CuD, Issue #1.18 / File 5 of 5 / ***
***************************************************************
In CuD 1.05, we reprinted FOIA information from Marc Rotenberg of CPSR
(Computer Professionals for Social Responsibility, 1025 Connecticut Avenue,
NW (Suite 1015), Washington, D.C. (20036) - (202) 775-1588)). Marc
provided a copy of a response by the FBI to U.S. Representative Don Edwards
(chair, House Subcommittee on Civil and Constitutional Rights on the
Judiciary). Mr. Edwards submitted a list of questions to the FBI asking
about surveillance of BBSs. We reprint with permission and thanks.
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DEPARTMENT OF TREASURY
UNITED STATES SECRET SERVICE
WASHINGTON, DC 20223
APR 30 1990
The Honorable Don Edwards
Chairman
Subcommittee on Civil and Constitutional Rights
Committee on the Judiciary
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
Thank you for your letter of April 3, 1990, concerning your
committee's interest in computer fraud. We welcome the
opportunity to discuss this issue with your committee and I
hope the following responses adequately answer your
questions.
Question 1:
Please describe the Secret Service's process for investigating
computer related crimes under Title 18, United States Code,
Section 1030 and any other related statutes.
Response:
The process by which the Secret Service investigates
computer related crimes is similar to the methods we use to
investigate other types of criminal investigations. Most of the
investigative techniques are the same; surveillances, record
checks, witness and suspect interviews, etc. the primary
difference is we had to develop resources to assist in the
collection and review of computer evidence.
To provide our agents with this expertise, the secret service
developed a computer fraud investigation course which, as of
this date, has trained approximately 150 agents in the proper
methods for conducting a computer fraud investigation.
Additionally, we established a computer Diagnostics center,
staffed with computer professional, to review evidence on
computer systems.
Referals of computer related criminal investigations occur in
much the same manner as any other case. A victim sustains a
loss and reports the crime, or, a computer related crime is
discovered during the course of another investigation.
In the investigations we do select, it is not our intention to
attempt to supplant local or state law enforcement. We
provide enforcement in those cases that are interstate or
international in nature and for one reason or another are
beyond the capability of state and local law enforcement
agencies.
When computer related crimes are referred by the various
affected industries to the local field offices, the Special
Agent in Charge (SAIC) determines which cases will be
investigated based on a variety of criteria. Each SAIC must
consider the economic impact of each case, the prosecutive
guidelines of the United States Attorney, and the investigative
resources available in the office to investigate the case .
In response to the other portion of your question, the other
primary statute we use to investigate computer related crimes
is Title 18, United States Code, Section 1029 ( Access Device
Fraud). This service has primary jurisdiction in those cases
which are initiated outside a bank and do not involve
organized crime, terrorism, or foreign counterintelligence
(traditional responsibilities of the FBI).
The term "access device" encompasses credit cards, debit
cards, automatic teller machines (ATM) cards, personal
identification numbers (PIN's) used to activate ATM machines,
credit or debit card account numbers, long distance telephone
access codes, computer passwords and logon sequences, and
among other things the computer chips in cellular car phones
which assign billing.
Additionally, this Service has primary jurisdiction in cases
involving electronic fund transfers by consumer (individuals)
under Title 15, U. S. code, section 169n (Electronic Fund
Transfer Act). This could involve any scheme designed to
defraud EFT systems used by the public, such as pay by phone
systems, home banking, direct deposit, automatic payments,
and violations concerning automatic teller machines. If the
violations can be construed to be a violation of the banking
laws by bank employee, the FBI would have primary
jurisdiction.
There are many other statutes which have been used to
prosecute computer criminals but it is within the purview of
the U.S. Attorney to determine which statute will be used to
prosecute an individual.
Question 2:
Has the Secret Service ever monitored any computer bulletin
boards or networks? Please describe the procedures for
initiating such monitoring, and list those computer bulletin
boards or networks monitored by the Secret Service since
January 1988.
Response:
Yes, we have occasionally monitored computer bulletin boards.
The monitoring occurred after we received complaints
concerning criminal activity on a particular computer bulletin
board. The computer bulletin boards were monitored as part of
an official investigation and in accordance with the directives
of the Electronic Communications Privacy Act of 1986 (Title
18 USC 2510)
The procedures used to monitor computer bulletin boards
during an official investigation have involved either the use of
an informant (under the direct supervision of the investigating
agent) or an agent operating in an undercover capacity. In
either case, the informant or agent had received authorization
from the computer bulletin board's owner/operator to access
the system.
We do not keep records of the bulletin boards which we have
monitored but can provide information concerning a particular
board if we are given the name of the board.
Question 3:
Has the Secret Service or someone acting its direction ever
opened an account on a computer bulletin board or network?
Please describe the procedures for opening such an account and
list those bulletin boards or networks on which such accounts
have been opened since January 1988.
Response:
Yes, the U.S. Secret Service has on many occasions, during the
course of a criminal investigation, opened accounts on
computer bulletin boards or networks.
The procedure for opening an account involves asking the
system administrator/operator for permission to access to the
system. Generally, the system administrator/operator will
grant everyone immediate access to the computer bulletin
board but only for lower level of the system. The common
"pirate" computer bulletin boards associated with mos