Since the dawn of the internet, society has been slowly weaning itself away from paper records and shifting towards relying on the digital storage of information. As Americans put more and more personal information onto the web on social networking sites, online shopping merchants, and private email accounts, the chances of this information being acquired by unauthorized users grows rapidly. Without proper protection of these documents, the odds of an average citizen getting his or her identity stolen are roughly one in eighteen. Though it is harder to track online criminals than those acting in the physical world, many people are taking action in an attempt to prevent cyber-criminal activity.
The National Institute of Justice founded the Electronic Crime Technology Center of Excellence in 2009 as an organization dedicated to the prosecution and prevention of cyber-crimes. They are also designed to organize the collection and use of electronic evidence for the benefit of United States law enforcement agencies. Their main goal is to update all local and national crime institutions for the digital age, and to successfully combat the growing problem of electronic crime.
The organization plans to eventually give law enforcement agencies the proper tools and technology to keep up with cyber-criminals through various training and education programs, such as a Digital Evidence Collection Training course. In 2008, the National Institute of Justice released a book titled “Electronic Crime Scene Investigation: a Guide for First Responders” which goes into great detail on the various devices used in electronic crime, how to obtain evidence from these devices, methods of investigation using evidence from electronic crime scenes, and how to document the scenes. The book is extremely popular in the justice system, and has essentially framed the methods by which law enforcement investigates crimes online.
Identity theft, which includes everything from stealing a credit card to impersonating an individual and acting out their life, continues to be a problem as everyone moves farther into the digital realm. Checks have become obsolete, but copycats of infamous con man Frank Abagnale Jr.’s antics have even more opportunities to siphon money from average citizens, banks, and even large corporations. In 2009, reports of identity theft increased 11% from the previous year, largely driven by unvigilant credit card consumers. The decrease in paper records has made personal information even more available to criminals and now identity theft is easier than ever. Consumers who shop online with credit cards should be very careful to verify the validity of the websites and online stores before providing their sensitive information.
Because computers have become such an important aspect of our daily lives, almost every crime will likely have some electronic evidence. It is important for law enforcers to understand the benefits of electronic evidence, and to ensure that they handle digital evidence as carefully as physical evidence. Investigators may use digital forensics to show intent, cross-reference alibis or statements, or attribute data to a specific person. More difficult to follow than a “paper trail,” electronic records can still provide crucial information in criminal cases.
Past judicial interpretations of the Fourth Amendment have consistently sided with law enforcement in cases of warrantless searches of electronic information. The amendment states that, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…”. However, because of the high incidence of electronic crime, searching electronic information is not considered unreasonable, and searching for information that would have required a warrant in past years has become legally obtainable in the electronic age. Law enforcement is pursuing more aggressive tactics to protect citizens from online crime.
This may come as bad news for digital criminals, and maybe even to radical proponents of civil liberties, but ultimately, the safety of private information is very important to most Americans. The law enforcement community is making good use of digital forensics as a revolutionary means in crime prevention and prosecution, and is beginning to catch up to the rapidly evolving cyber-criminals. Electronic evidence has become more important than physical evidence and has altered the very principles of crime scene investigation. Similarly, everyday citizens should become more careful with their sensitive information, and regularly check bank statements, credit card statements, or other activity in order to prevent identity theft and digital theft.