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 _________________________________________________________________