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April 2003 Newsletter:
Legislation and Cybercrime

The basis of any harmonious society is RESPECT – consider others as you want them to consider you. Unfortunately, throughout the history of our world, not everyone agrees how the other person should be considered. Society began making and enforcing rules for individual conduct even before language was developed. When societies grew in size, one group (or family) demonstrated a talent for producing one particular service or product that could be shared with many others and trade standards were developed. Laws were created to maintain order for the well being of everyone. This legislation (understood, spoken, or written) has been the basis of modern society to protect the individual, the family, the community, the state, and the country. As society develops with new technology: farming equipment, electricity, vehicles, and recently computers; crimes have also been creatively developed violating the basic rule of Respect for the individual. The crimes affecting society (examples: fraud, stalking, theft) have not changed with the development of computers. The way these crimes are performed change along with new technologies available. Cybercrimes are the same crimes that have been with society throughout history. The only difference now is a different tool – computers and the internet – is available to the everyday person. Cybercrime encompasses every crime you can think of either using the computer system as the target of the crime or as a tool to commit or assist with the crime.

As we have legislation to explain the rules for everyday living, driving, maintaining our homes, individual conduct in public places and the workplace, we have rules for safety on the internet. Each computer user can be the child doing their homework online, a teenager in a chatroom or using instant messaging, the parent shopping online, the employee at the workplace, or the system administrator responsible for the security of the entire network. Each computer user is responsible for maintaining the integrity of their system whether their system is a lone computer or thousands of connected computers. This is how society maintains order and safety. In the USA, we elect the persons we feel are sympathetic to our viewpoints so when the issues important to us are considered for change or development, our viewpoint will be considered when new laws are created. The internet has not only made available the whole world to each internet user, but has made each internet user available to anyone in the world.

Commercial airplanes were revolutionary for the average person when they were first available. Now computers must be seen as phenomenally revolutionary by each computer user. Even though it is impossible for each computer user to use all the potential benefits for educational, business, and recreational uses, each computer user needs to realize the potential for crime. Each internet user can not depend on law enforcement and corporations to keep them safe in cyberspace. If I walk in front of a moving car, do I expect law enforcement or car manufacturers to stop that car from hitting me? Most persons do not realize that their lone computer with an internet connection can unwillingly be used as a warehouse for temporary storage of information; or, as a distribution point for criminal activity; or, as a door to their safe home.

Legislation is the accepted rules society enforces to maintain order and safety. Law enforcement officers enforce the rules society has agreed to follow. Because technology is constantly changing and availability of new technology and information is increasing with the increase of bandwidth (rate of information transfer) and more affordable systems are available to the consumer, criminals temporarily have an advantage over law enforcement. Everyone – you, me, law enforcement, criminals – are able to reach millions of prospective customers, victims, suppliers across the globe in an exponentially shorter period of time than ever before in history. The safety of the individual, household, town, city, state and country that you live in depends on you – whether you are discussing the safety of our national infrastructure or your personal safety.

The two underlying problems with enforcing existing laws when a computer system is used as the target of a crime or used as a necessary tool to commit the crime is: determining which local, state, or country laws apply; and, how to maintain the privacy and rights of the individual. The balance of this basic dilemna is the challenge for our elected lawmakers today.

 INTERNATIONAL LAW

Besides each town, city, state and country formulating, drafting, revising, accepting, and enforcing their own laws, cyberspace poses dilemmas not before encountered by lawmakers. Which country’s laws apply when information is transferred electronically outside a country’s borders to get from point A to point B? The originating country, the country of destination, the country that information passes through, the country of the owner of the information, the country where the information is accessed from, or the country of where the information is stored? Should or can there be one international standard as there is with maritime law? This is for you to answer.

Here are some situations that were in the news last year. See what you think.

A French court ordered California, USA-based Yahoo! With a subsidiary in France to make unavailable to French citizens Nazi-related items from its online auctions because French citizens are not allowed to possess or purchase such items. Which laws apply: French, American, California?

A privacy law was passed by the European Parliament requiring companies anywhere in the world to obtain permission before sending marketing advertisements by email to Europeans. Which laws apply: originating country or destination country of the email? What if the sender is ignorant of the law?

A Russian programmer was visiting the USA with software he wrote that is legal in Russia but not in the USA. Whose laws apply?

Website owners located in Italy maintaining their American-hosted pornographic website with irreverent references to the Madonna. In Italy, it is a crime to blaspheme the Madonna. They website did not seem to violate any USA laws. Which laws apply?

 FEDERAL LAW

Keep in mind that a bill is not yet a law. This means that your opinion about the bill can be considered if you contact your local representatives and share with them your perspective. It is very important for our lawmakers to know all options and viewpoints before making their decisions as they represent us. You can read ‘How Laws Are Made’ at Thomas: Legislative Information on the Internet.

Americans have two major organizations defending their civil internet liberties: the Center for Democracy and Technology and the Electronic Privacy Information Center. You can find their perspectives and the bills they are questioning, defending, and opposing at their websites. There is much legislation on the rosters that is unrelated to the internet or electronic communications that you may find personally relevant. The following bills are only a small sampling so your interest may be tickled. You can search for bills at the Thomas Legislative Information on the Internet website.

1.        Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2001 (CAN Spam ACT) Senate Version - House Version is “a bill to prohibit senders of unsolicited commercial electronic mail from disguising the source of their messages, to give consumers the choice to cease receiving a sender’s unsolicited commercial electronic mail messages, and for other purposes”.

2.        Cybersecurity Information Act encourages the “secure disclosure and protected exchange of information about cyber security problems, solutions, test practices and test results, and related matters in connection with critical infrastructure protection”.

3.        Restore Your Identity Act of 2002 is “a bill to prevent the crime of identity theft, mitigate the harm to individuals victimized by identity theft, and for other purposes”.

STATE LAW

Links to state laws regarding cybercrime, spam, cyberstalking, and other topics can be found here.

OUR PRIVACY

When we are in our homes and in our cars, each of us has a reasonable expectation of privacy. We expect that persons outside are not listening to our conversations or recording movements without our consent or a court order. As we travel from one internet location to another, we also expect a certain degree of privacy. Do we have this privacy? Lawmakers now are trying to balance the privacy of the individual internet user with criminals tracking and corporate marketing data collection and use.

As long as someone else is responsible for a minor’s or employee’s safety and the effects of their activities, the person responsible (parent, employer) has the legal option to monitor and restrict daily activities, including internet usage. This does not imply that every parent or employer restricts or monitors each or even any activity. It does imply that as long as someone else is responsible for your safety and the effects from your activities, you can not expect or demand total privacy. This is the reason law enforcement and internet safety organizations recommend guidelines and a mutually acceptable agreement about internet usage among families and in workplaces. Each computer user should explore all privacy options including the use of software products such as cyberCide^TM and Cyberscrub^TM that offer effective solutions.

1.          Federal Privacy and Data Protection Policy Act of 2002 provides for “an agency assessment, independent review, and Inspector General report on privacy and data protection policies of Federal agencies, and for other purposes”.

2.          Online Personal Privacy bill “prohibits an Internet service provider, online service provider, or operator of a commercial website (provider) from collecting or disclosing personally identifiable information (name, address, and phone number) of a user unless the provider provides clear and conspicuous user notice”.

OUR CHILDREN

So, how do lawmakers balance the rights, privacy and safety of each individual while maintaining fair and effective rules of conduct and enforcement for cyberspace? Contact your state and local representatives. Let them know your opinion about pending legislation before they vote on your behalf. Let your representatives make informative votes based on their judgment after considering alternative viewpoints. The safety of your family, town, state and country depend on YOU following the rules and accepting responsibility for the safety of your household, town, state and country. It does not matter whether you are an employee, parent, ISP, home internet user, or a corporation. Install and maintain the most current security patches, firewall and anti-virus software for your operating system and all installed programs whether your computer is a home computer connected to the internet or an elaborate integrated network. And, remember that your computer and the internet are tools to be used to accomplish tasks. The tasks can be talking with family or friends, shopping, doing business, or doing homework. Use them properly and safely. Refer to the Safety Guide for a quick review. Keeping yourself and your family safe online and in the everyday world helps keep your neighborhood, state and country safe.