Oklahoma Computer Crimes Act - Felonies and Misdemeanors

The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. However, in Oklahoma these take on a much broader approach. From online solicitation of a minor and other internet sex crimes to hacking and fraud, these crimes in Oklahoma are clearly defined by the Oklahoma Computer Crimes Act (21 O.S. 1951 et. seq.). Section 1953 of the Oklahoma Statutes deems the following to be criminal offenses: (partial list)

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, network or any other property;

2. Use a computer or any other property as defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

Under the Oklahoma law, some of these crimes are misdemeanor offenses, but most of the offenses are felonies. Misdemeanors include:

• Accessing a computer or network without authorization

• Using or allowing the use of a computer service without authorization

• Using a computer, computer system, or computer network to abuse, threaten, or harass another individual

The six remaining crimes are felonies. Some specific examples of CPU crime include internet fraud; computer sexual exploitation; copyright piracy (illegally downloading music, for example); hacking; and development and distribution of viruses, worms, bots, spyware, and malware.

Along with the increasing access to computers and the internet comes increased responsibility for ethical use of technology. By abusing the privileges of technology through internet sex crimes and other computer crimes, one risks the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma is can result in a maximum sentence of 30 days in jail and up to $5,000 in fines. Oklahoma computer crime felonies are punishable by fines of $5,000 to $100,000 and a maximum prison sentence of ten years. Additionally those convicted are also subject to civil lawsuits as well as criminal charges.

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New York City Computer Crimes

The term "computer crimes" is not one often heard in criminal news. Most people don't even realize it exists. Nevertheless, it is specifically addressed by most states' legislatures. In New York, it is codified in Section 156 of New York Penal Code. This article, provides a short glimpse into what is considered a New York computer crime.

The most common offense is Unauthorized use of a computer. You may be guilty of this crime if you knowingly use a machine or a system without authorization and the computer or system you use is protected by password or another security feature. This offense is s a class A misdemeanor.

Another common charge is Computer Trespass, which means knowingly using a computer without authorization with an intent to commit or attempt to commit any felony or, alternatively, the person knowingly gains access to computer material. This is a class E felony offense.

Next in line is Computer tampering. This offense may be in several degrees depending on circumstances. You may be guilty of this tampering in the fourth degree for using a computer (even with permission) and intentionally altering or destroying data or a program of another person without permission to do so. Computer tampering in the fourth degree is a class A misdemeanor.

If, in addition to this, the person has an intent to commit any felony or if the person has been previously convicted of cyber crime or theft of services crime, or the act of deleting computer material was deliberate or with the intent to cause damages for more than $1000 dollars, the person may be guilty in computer tampering in the third degree, which is a class E felony.

New York computer tampering in the second degree involves committing the crime of computer tampering in the fourth degree plus intentionally altering or destroying data or a program so as to cause damages for more than three thousand dollars. Computer tampering in the second degree is a class D felony. Finally, if an act causes more than $50,000 in damages, the person could be guilty of computer tampering in the first degree, a class C felony.

Tampering aside, another line of statutes deals with illegal copying of computer related material. Under NY Penal Law 156.30, a person may be guilty of unlawful duplication of computer related material when they illegally copy or duplicate software or any program data causing owners economic damages in the amount of more than $2,500 or copying these materials with an intent to commit felony. Unlawful duplication of computer related material is a class E felony.

You don't have to illegally duplicate software to violate the statute. Simple possession of stolen data may be a felony, too. For example, under Section 156.35, a person is guilty of criminal possession of computer related material when having no right to do so, he knowingly possesses, a copy, reproduction or duplicate of any data or program which was copied, reproduced or duplicated in violation of section 156.30 with intent to benefit himself or a person other than an owner. Criminal possession of computer related material is a class E felony.

New York law allows for some defenses in cyber crimes cases. Some of them include a defense that the defendant had reasonable grounds to believe that he had authorization to do all the proscribed activities.

Joseph Potashnik is a Computer Crimes Attorney in NYC He represents people accused of state and federal offenses, including white-collar and fraud crime, drugs and weapons crimes, and computer crimes. He also defends professionals such as physicians and teachers facing professional discipline. Please visit Mr. Potashnik's website at http://www.jpdefense.com for more information.

Computer Crimes and Federal Offenses

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.

These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.

What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.

Computer crimes also involve harassment, spamming, phishing, and sex crimes against children. People who possess child pornography on their home or work computer, and people who distribute child pornography via the internet are in violation of the law. Unfortunately, internet crimes involving children can oftentimes be a case of mistaken identity. Perhaps you were not aware that the images were of minors, or perhaps someone else used your computer. Revealing the truth of what actually happened will be dependent upon the highly investigative tactics of an experienced defense attorney.

Because these crimes typically cross state lines, they are often classified as federal offenses. If you are under investigation for a federal crime, you could have a large government entity assisting your local law enforcement agency. This means that the prosecution will have unlimited manpower and means to pursue a conviction. If you want to effectively protect your legal rights, you are going to need the assistance of a seasoned federal criminal defense attorney on your side. Your lawyer will have a wealth of proven defense tools at their disposal. The last thing you would want to do is hire an inexperienced or apprehensive lawyer when you are fighting to preserve your reputation and your freedom. If you are under investigation for a computer crime, don't hesitate to contact a federal criminal defense attorney immediately.

The Law Offices of Guy L. Womack & Associates, P.C. is conveniently located in North Houston, Texas. Their firm has been providing their clients with outstanding defense representation for all sorts of federal and state criminal offenses. Whether your case is going to military, state or federal court, they have the knowledge, experience and tools necessary to protect your legal rights. A member from their legal team is prepared to meet with you in person for a free consultation. They would like to provide you with both sound advice and potential defense strategies that may aid in your defense. Their goal is to help their clients obtain the best possible outcome in the charges against them. They will search for any mitigating circumstances that might get the charges against you reduced or dropped entirely. You are urged to contact a Houston federal criminal defense lawyer from their firm at (800) 990-8762 today.

Focus on Physical Computer Crime - Not Just Cyber Crime

It isn't just computers but the integral components that thieves will focus upon. Computer crime is on of the UK's fastest growing crimes, according to the Association of British Insurers; in 1995 a third of all commercial claims were computer crime related. It isn't just the loss of a computer or related equipment that represents the biggest loss; it is the costs of business interruption and important or sensitive data loss.

There is a simple solution; prevent thieves from having access!

When budgeting for IT security we need to ensure the expenditure is appropriate to the value of the IT assets at risk, not just the replacement value but also other losses incurred.

A simple risk analysis can be deployed by calculating the harm to your business as a result of theft or damage to such assets. Create a 'what if' scenario and ensure you calculate every aspect from loss of business, interruption to services and compensation to clients including farming out work or bringing in other contractors for damage limitation.

Then take this figure and consider the real likelihood of it happening; taking on board prevailing threats and current climate.

This information shouldn't be taken lightly and should be used to build an IT Security Policy Document. So in the event of such an incident, there is a chain of command from top managers down the ranks, a contact list of 24 hour telephone numbers and individual responsibilities so that there is no room for 'I thought he was doing that!' Each individual on the IT Security Policy Team should have his or her own copy and a signed as read and understood copy filed.

There should be a list of suppliers and back up systems including all identification markings and asset control numbers. This can only be achieved through formal training.

This could be a good time to call in your local CPO (Crime Prevention Officer).

Commercial premises that maintain large numbers of computers clearly face a disproportionate risk from crime. If IT equipment is spread out or scattered throughout the premises, it is more difficult to establish a secure perimeter, than if the 'IT' area was concentrated in secure pockets.

Let's take a look at the physical security of the actual building.

No matter how good the locks are on Entry/Exit Doors, if the door and frame cannot withstand a violent attack, your premises are vulnerable.

Often Health & Safety and security don't mix, for example; Regulations state that when the building is occupied, fire exit doors must be able to be opened quickly in the direction of escape without the use of keys. A perfect escape rout for thieves too!

· Fire exit doors must not be overlooked. Regulations state that when the building is occupied, these doors must be able to be opened quickly in the direction of escape without the use of keys. Look at alarming these doors so they comply with regulations but notify the appropriate individuals that access has been made. Perhaps CCTV cameras could be fitted too. When the premises are empty, however, these doors can be secured like any other.

· If you occupy offices of multiple tenancies then the landlord and appropriate tenants should address the security of communal doors No one benefits if this area is deemed the responsibility of the other.

· Look out windows, check either side for potential access points, and look for flat roofs. Internal grilles should be considered for all accessible windows, don't overlook skylights.

· If there is no reason for goods lifts to be used after working hours they should be disabled at the end of the day. Perhaps taking them to the top and switching them off.

· Talk to your Crime Prevention Officer about installing an intruder alarm system linked to a central monitoring station. This should be fitted in accordance with Association of Chief Police Officers (ACPO) policy and Association of British Insurers (ABI) guidelines.

· Be mindful that nominated key holders must be able to get to the building within 20 minutes of being notified of alarm activation. This allows police to check the premise if a forced entry is not apparent. Consider using a reputable key-holding company if you cannot meet this requirement.

· Keep the number of people able to arm and disarm the alarm system to an absolute minimum and make sure that they are issued with individual 'pin' numbers that can be monitored and their activity is logged. This will facilitate better management of the system and minimise in-house mischief or activity from disgruntled ex-employees.

· If employees work during periods of reduced occupation, for example, overnight or weekends then personal attack buttons will need to be incorporated into the alarm system. In these circumstances, staff should never work alone always insure there is more than one person on the premises in order that someone can raise an alarm.

· Consider revising name signs that might advertise the presence of computers and never leave computer related boxes in public view. Empty or otherwise, these cartons inform all passers-by that you have new IT equipment on the premises..

Thieves rarely rely on guesswork when selecting a commercial building to break into. This isn't about 'walk-in' crime. Companies have had new computers stolen the very same day as they have been delivered, it not not pure coincidence or extreme bad luck! It is obvious that intelligence is gained before the event inside information or poor security measures. It cannot be over-stressed how important it is to control access during office hours as well as when closed.

If possible, restrict access to the building to one entrance/exit, with all other access points being controlled.

Is your front of house staff, whether it be security or receptionist, fully aware of staff that have left - voluntary or otherwise? All personnel should be identifiable. This begins at the reception point where a visitor should be registered and supervised by an authorised member of staff. It extends to the active vigilance of employees - fully aware of the defined procedure for challenging strangers.

If visitors sign in or are issued with security tags, does anyone check to see that they actually leave the premises? Is anyone tasked with an end of the day procedure for checking the building to ensure that no one is hiding in it?

We mentioned at the beginning about creating a perimeter for access control. If that perimeter is breached, look at the measures below will help to reduce your losses.

· House your IT equipment carefully, away from the perimeter and behind obstacles that slow and frustrate the intruder, in locked rooms for example.

· Mark property with your full postcode in a permanent and prominent way. Heat branding or chemical etching can do this.

· Anchor equipment to solid furniture and building fixtures with an enclosure unit designed to resist dismantling. Choose a product that has been certified to Loss Prevention Standard 1214.

· If an enclosure unit is not in use, special security screws are available that replace the standard back cover screws and help, to some extent, to prevent quick entry to the computer's interior.

· Safes and security cabinets can be obtained which allow the computers to be used during the day and locked away at night.

· Smoke generating devices, activated by the intruder alarm system, work to create conditions where intruder penetration is severely hampered.

· Computer alarms that detect tampering can be fitted to units. These are suitable for buildings either during office hours or when an on-site response can be generated at night.

· Lap-top computers need to be locked away when they are not being used. Security instructions should be issued to personnel for care of equipment when used away from the office.

· Key security - keys to security devices should be kept in the custody of authorised personnel only and either removed from the premises when they are left unattended or put in a locked safe.

· Asset control - make sure that an up-to-date inventory is in existence so that full details of any equipment that is stolen can be given to the police and insurance companies.

Digby Farquart is a leading UK security consultant and crime prevention advisor. He writes articles for top sites such as Computer Crime Prevention and UK Crime Prevention.

Computer Crimes

With the evolution of computerization and rapid growth of technology, we have not only seen new types of crimes, but the nature of these crimes has changed as a result of increasing technological capacities. Certainly there has been some empirical study of these computer crimes, most of which has been performed by private security companies largely along the lines of a risk assessment for particular industries. While these inquiries have provided new insights, they have normally been unpublished and narrowly focused.

Internet Crimes

The Internet has opened a number of opportunities for hackers and various new problems for law enforcement agencies. What is striking is the size of the Internet market and the relative ease, high speed and low cost with which a scam can flourish over the Internet. Victims may never have the chance to see or even speak to the attackers.

Credit Card Frauds

Credit card fraud is the most common Internet crime. Main reason is approximately 95% of Internet transactions originate from credit cards. Due to this, various different methods to perform credit card fraud on Internet have been created. The most popular methods for acquiring credit card information include stolen credit card numbers, and credit card number generators software. Although these are the most popular methods today, Internet crime is constantly increasing and fraud perpetrators are developing new advanced methods as merchants create new procedures to fight against fraud.

Stealing credit card numbers is the most common and the easiest way to perform Internet crimes. Majority of the stolen credit card numbers used on the Internet normally come from the physical shops. There are very few cases of credit card numbers being stolen over the Internet. Any person can pick up old statements or receipts, or can even be a waitress or waiter who processes your dinner bill. Apart from credit card numbers, a fraud perpetrator can also get personal information of any person. With this personal information and credit card number, fraud perpetrator can purchase expensive items over internet.

Credit card number generators are free softwares that are easily available on the Internet. These softwares are used by fraud perpetrators to create valid credit card numbers by brute force method or by stolen algorithm. These generated credit card numbers can easily pass the majority of online transaction. Combined with free or anonymous email accounts, these card numbers can also be used to make illegal purchase over Internet.

Online Auction Frauds

People may not deliver products, or their price may be overstated. In 1998, the National Consumers League (NCL) placed auction crimes at the top of its list of Internet crimes and warned all users to investigate any seller or auction site before placing a bid. The FBI, which received more than 15,000 complaints about Internet auction crimes in 1998 and 1999, has also issued similar warnings.

Email Fraud

Email fraud is related to spamming, online users are bombarded with unwanted fake commercial or personal email (called "spam") advertising fraudulent products or investment schemes. Thousands of email messages can be sent out in a very short amount of time. Fraud perpetrators can easily purchase email address lists from other legal companies. They also can use widely available email address locator software to conduct nationwide or worldwide searches of chat rooms and Internet directories in a very short period of time. In this way, fraud perpetrators can easily collect millions of valid email addresses for individuals or companies likely to be vulnerable to certain types of fake schemes. "Nigerian 419 Fraud" is one of the popular email frauds.

Spammers can also get email addresses from online membership directories of any Internet service providers (ISP). Some spammers also use free software that randomly generates email addresses. Thus, online users can get spam even if they have never entered information in any directory or chat groups.

Web Police

Internet Fraud Complaint Center (IFCC) of FBI is dealing with majority of internet and other computer related crimes.

IFCC's purpose is the following:

· "To develop a national strategy to address Internet fraud;

· To develop criminal Internet fraud cases and refer for criminal prosecutions companies and individuals responsible;

· To reduce the amount of economic loss by Internet fraud throughout the United States;

· To receive, analyze and refer all fraudulent activity identified on the Internet;

· To identify current crime trends over the Internet;

· To track fraud facilitated by the Internet and provide analytical support of Internet crime trends

Criminals have adapted the advanced computer technology to enhance their activities. Unfortunately, their actions have defeated the ability of web police to respond effectively. Rules must be developed for web police that address various categories of computer crime. They should know the materials to search and seize the electronic evidence to recover. Without question, web police must be better prepared to deal with the many aspects of computer related crimes. Government should train, increase and coordinate their resources. ISP should also help web police by maintaing their customer's email and session record. Online vendors should be prohibited from storing information regarding customers without proper protection of privacy interests.

Ways to Protect Computer and Information

In this growing world of technology if we want to be safe and protect our personal information then we must consider some precautions like storing personal information in encrypted format, constantly checking activities performed in computer, using hard-to-guess passwords, monitoring credit card and bank account activities regularly, and monitoring activities of our children. Computer usage can also be restricted by using passwords on sensitive information like credit card number. Apart from these methods they are other commercial software, called "firewall", to protect any computer from hackers. A firewall can monitor all activities performed on the computer; it can also restrict access to the computer.

There are many issues of computer crime such breaking in to computer systems just for fun, attacks by company employees, virus creators, illegal software distribution and internet frauds. Computer crime is still one of the main problems faced by law enforcement agencies.

FARAZ AKHTER

Accounting Fraud and Computer Crimes Create Need For Qualified Investigators

An epidemic of white-collar financial crime has resulted in the development of specialized education programs focused on economic crime investigation and fraud management. These college-level degree programs attract students who are interested in law enforcement and are attracted by the very unique nature of these types of crimes and the special investigative techniques required to solve them.

There seems to be no end to the greed in the hearts of some professional business people. It isn't enough to have fancy cars, vacation homes and other lavish perks of the highly successful. Many selfish individuals have decided to play a risky game of "milk-the-company-for-all-it's-worth" to fuel an unhealthy appetite to acquire more "things" for no other reason than to have them. As a result, books are cooked, balance sheets become unbalanced and finally, as in the case of Enron, there is nothing left to share with the shareholders.

Economic crime is a broad category encompassing a variety of offenses all of which are focused on bilking a private company, government agency or other professional institution out of their financial resources. Individuals at any level of an organization including, as we have seen in recent years, the most senior management, may perpetrate these crimes. And the methods that they use may be highly sophisticated including manipulating computer systems or fudging accounting records.

A fraud investigator must be highly educated and well versed in the financial and technological systems and practices that may have been altered or doctored in some way. Terms like "computer forensics and "accounting forensics" have entered the lexicon of crime investigators as they begin probing a crime scene that does not contain blood evidence, signs of violence or even an obvious victim. But these are certainly not victimless crimes.

Hundreds of major corporations, government institutions and law enforcement agencies are staffing up with economic crime specialists, fraud investigators and fraud management specialists. The need for qualified investigators has prompted colleges to develop specialized curricula devoted to the study of economic crime prevention. Some schools feature Bachelor's and Master's Degree programs in Economic Crime. The courses are usually instructed by faculty members experienced in economic crime investigation and computer crime control. Right now, more than 90% of their Bachelor's in Economic Crime Investigation graduates are working in professional positions relevant to their career interests.

Graduates with these unique, highly specialized degrees are in great demand. A number of colleges are now making these programs available for online study. That means that, no matter what your current commitments or time constraints, these very attractive and potentially lucrative and rewarding degree programs are available to almost anyone. Who knows, at some point in the not-too-distant future you may be instrumental in finding, apprehending and convicting economic criminals that are stealing from us all.

Terry McDermott is the author and administrator of a portfolio of specialized education websites with a primary focus on the category of online education at AccessOnlineDegrees.com. Find additional information about online criminal justice degrees and economic crime degree programs on the website.