Methods of proving guilt of suspects in cases of computer crimes
Date: April 23, 2004Source: Computer Crime Research Center
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Subjective side of these crimes is, as a rule, intentional guilt. However, carelessness in observing operating rules for computer systems is possible too (article 363). If data theft is committed for mercenary purposes and bears marks of fraud, it should be qualified according to articles 362 and 190 of the Criminal Code of Ukraine.
Subjective side of illegal interference with operation of computers, computer systems and networks (article 361 of the Criminal Code of Ukraine) is a direct or indirect intent. In case of theft, appropriation, extortion and/or abstraction of computer information by fraud or abuse of office (article 362 of the Criminal Code of Ukraine), guilt is determined only as a direct intent. In case of carelessness in following operating rules of computer systems (article 363 of the Criminal Code of Ukraine) any form of guilt is admissible, including intent, carelessness. In case of socially dangerous consequences only a careless form of guilt is possible.
The ascertainment of guilt in cases of computer crimes is special because this crime causes damage not only to social relations protected by criminal law, but also to relations protected by civil laws. Inasmuch these crimes are international and transnational we may confidently say that relations protected by international laws are also affected.
It is necessary to consider the following issues while ascertaining guilt of a person that committed computer crime:
- extent of social danger of the committed crime;
- modus operandi;
- scale of consequences (region, state, worldwide scale);
- sphere of impact (financial, military, technical, technological);
- purpose (mercenary, political);
- activities’ description (hooliganism, terrorism);
- status of a person (an employee that has right to access information, networks; an official with control function among his/her duties; a person admitted to state secret; an outsider with special skills);
- whether it was committed pursuing own ends or by order.
Traces of committing a crime if the sphere of computer information are damaging, deletion, deterioration, alteration or suppression of computer data.
A new direction in gathering evidence for ascertaining guilt of a person that committed computer crime is development of methods to apply holographic systems of information recording.
Information on an object recorded by composite method of recording is uniformly distributed over a large area. This method determines a high density of information recording and its high reliability. All information recorded on a hologram is read with help of a beam of light simultaneously from the whole hologram with great speed. This method brings new immeasurable capabilities in the sphere of computers and other systems of information storing and processing. Estimates show that a flat hologram on a plate with size of 70x70 mm can contain 100 millions of bits of information; it is equal to 300 books with 200 pages each. A three-dimensional hologram can contain million of millions of bits of information in one cubic centimeter. The task is now lies in finding ways to conveniently and quickly record information and, what is specially difficult, how to quickly read the needed information from this bulk of information.
Lately a number of devices basing on principles of holographic that can be applied or modified to solve tasks of criminalistics. Holoscope and holographic disdrometer are such devices.
Holoscope or criminalistic devices, created on holoscope basis, can be applied to view the scene of a crime, to searches and other investigative activities, as they allow revealing and fixing transphenomenal objects.
Holographic methods of information processing can be applied also to record initial data. This is related to an opportunity to create holographic devices that will allow storing of high capacity of information, coding of information, reading and comparing of images and objects and so on.
Capacity to code information can be widely applied in criminalistics, particularly in fighting terrorism and computer crimes, in view of complexity of fixing tracks and information data bases that ascertain the guilt of criminals.
Produced holograms may be brought to court as evidence or attachment to protocols of crime scene inspection or inspection of sophisticated devices (for example a computer).
Information from the operative memory should be seized by copying of information to the physical medium on the corresponding computer using only certified software. In such cases this software should be provided with the corresponding documents. A program that is being run on the inspected computer during examination; results of this program running; manipulations with computer facilities that occurred during the process of investigative activity and their results should be fixed in the protocol of inspection therein. Otherwise information in the protocol won’t have logical evidential meaning.
Development of high tech crimes demands simultaneous adaptation and procedural introduction of new ways of fixing evidential information, formulating unified definition of guilt in cases of crimes with international impact, causing damage to economic systems, military defense and information safety.
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| 2005-09-02 05:28:23 - Good blog Anelia |
| 2004-04-28 16:14:52 - hi im doin a new crime that might be... nefret |
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