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.
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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
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I. COMPUTER FRAUD AND ABUSE
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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
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II. SEARCHING AND SEIZING COMPUTERS
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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
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III. PROTECTING INTELLECTUAL PROPERTY RIGHTS :
Copyrights, Trademarks and Trade Secrets
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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
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IV. ENCRYPTION AND COMPUTER CRIME
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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
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V. INTERNATIONAL ASPECTS OF COMPUTER CRIME
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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
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VI. LAW ENFORCEMENT COORDINATION FOR HIGH-TECH CRIMES
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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
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VII. PRIVACY ISSUES IN THE HIGH-TECH CONTEXT
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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
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Updated page December 8, 1997
usdoj-jmd/irm/css/jea
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