Computer Crime Prevention
Protect Yourself
The two most important things you should know in taking steps to protect yourself and your computer systems are:
- The biggest threat to your data and systems is from insiders - disgruntled current or former employees
- 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.
In addition to protecting yourself from insiders and mistakes, it is a good policy to have an up-to-date anti-virus program running on your computers. You should also consider using a firewall between your computers and the Internet, particularly if you have a fixed IP address or an "always on" Internet connection like a cable or DSL connection.
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. Refer them to the King County Prosecuting Attorney's office, 206-296-9010, if they have questions.
Washington State Statutes
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 follows:
"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*.
9A.52.110
(1) A person is guilty of computer trespass in the first degree if the person, without authorization, intentionally gains access to a computer system or electronic data base of another; and (a) The access is made with the intent to commit another crime; or (b) The violation involves a computer or data base maintained by a government agency. (2) Computer trespass in the first degree is a class C felony.
9A.52.120
(1) A person is guilty of computer trespass in the second degree if the person, without authorization, intentionally gains access to a computer system or electronic data base of another under circumstances not constituting the offense in the first degree. (2) Computer trespass in the second degree is a gross misdemeanor.
In addition to these two computer specific statutes, some computer crime cases can be prosecuted under the general theft statutes at: RCW 9A.56*.
Copyright Infringement
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. That agency's Seattle phone number is: 206-622-0460.
This Information Provided By:
King County Prosecutor’s Office
Complex Prosecutions and Investigations Division
500 Fourth Avenue, Room 840
Seattle, WA 98104
206-296-9010
* External Link
Dated: July 11, 2002
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