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The two most important things you should
know in taking steps to protect yourself and your computer systems
are:
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The biggest threat to your data and
systems is from insiders - disgruntled current or former employees
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The most frequent causes of loss of data
are accident and mistake, not malicious acts.
What this means is that while computer
crime is very real and potentially very dangerous, the day-to-day
exposure you need most be concerned about is protecting yourself and
your systems from accidental deletion and damage. The most obvious
protective step is to have a regular backup routine that is rigorously
followed.
Beyond accidents and mistakes, the biggest
threat to your systems is from your own employees, either current or
former disgruntled employees. These are the people who have a motive
to cause damage and know the most about how your system and how it is
safeguarded. While you cannot protect your systems completely from
insiders, one way to minimize the dangers is to have, when possible,
at least two employees with knowledge and authority over key parts of
the system.
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What to do if you
suspect you are a victim: |
Preserve Evidence
If at all possible, make a complete system backup once a suspected
computer crime is identified. This will increase the likelihood that
the criminal will be identified and the extent of their crime will be
preserved in a form admissible at trial.
Obtain Professional Assistance
If you do not have the expertise to analyze your system, you
should consult someone who has this expertise. This will facilitate
the identification and apprehension of the criminal, but more
importantly, it will help you determine the extent of damage and allow
you to take steps to minimize the damage as expeditiously as possible.
Contact Local Police
Contact your local police department or the
Sheriff's Office:
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There are two specific
Washington statutes dealing with computer crime, malicious mischief
and computer trespass.
The malicious mischief statute is found at
RCW 9A.48.070.
"A person is guilty of malicious mischief
in the first degree if he knowingly and maliciously . . . causes
physical damage to the property of another in an amount exceeding one
thousand five hundred dollars . . ."
In
RCW 9A.48.100 physical damage is defined as:
"Physical damage", in addition to
its ordinary meaning, shall include the total or partial alteration,
damage, obliteration, or erasure of records, information, data,
computer programs, or their computer representations, which are
recorded for use in computers or the impairment, interruption, or
interference with the use of such records, information, data, or
computer programs, or the impairment, interruption, or interference
with the use of any computer or services provided by computers. "Physical
damage" also includes any diminution in the value of any property
as the consequence of an act.
The computer trespass statutes can be
found at
RCW 9A.52.110 and
RCW 9A.52.120.
In addition to these two computer specific
statutes, some computer crime cases can be prosecuted under the
general theft statutes at:
RCW 9A.56.
You can also report
computer crimes to the FBI
here.
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Federal copyright law pre-empts
state enforcement. Thus, a criminal charge that is based solely on a
copyright violation cannot be prosecuted outside federal courts. If,
however, additional criminal acts, above and beyond the copyright
violation are involved, the case may be prosecuted in state court.
State v. Smith, 115 Wash. 2d 434,
798 P.2d 1146, 17 U.S.P.Q.2d 1480 (1990) is an example of a copyright
violation involving other criminal acts which can be prosecuted at the
state level. The case explains the law in this area.
Suspected criminal copyright violations
should be referred to the FBI
in Seattle. |
