Cybercrime: public and private entities face challenges in addressing cyber threats: report to congressional requesters

Original publisher: [Washington, D.C.]: U.S. Govt. Accountability Office, [2007] OCLC Number: (OCoLC)173661419 Subject: Computer crimes -- Economic aspects -- United States. Excerpt: ... electronically, law enforcement may make an application to a court for a 5 wiretap pursuant to the Wiretap Act. To obtain such orders, the application to the court must describe, among other things, the criminal activity and the identity of those involved, if known. If sufficient evidence is gathered, it can lead to a prosecution. Federal and state prosecutors determine if a prosecution will be pursued based on a number of factors including jurisdiction over the crime, the type and seriousness of the offense, the sufficiency of the evidence, their prosecutorial priorities, and the location and number of the victims. Prosecuting attorneys will also consider the dollar loss and the number of incidents. Some federal prosecuting attorneys may not pursue cybercrime cases because they do not meet the minimum thresholds established for their districts. Thresholds are established by prosecuting attorneys to appropriately focus their limited resources on the most serious crimes that match their district's priorities. For example, if fraud has been committed through the use of a computer, the amount of the dollar loss may need to reach a specific threshold amount for the U.S. Attorney to accept the case. When the U.S. Attorney does not accept a case for prosecution because it does not meet such a threshold, state authorities may decide to accept the case for prosecution. In addition to criminal remedies, civil remedies are available to address cybercrime activity. The burden of proof in a civil case is not as high as in a criminal case. At the federal level, the FTC investigates activities that could be classified as cybercrime as part of its consumer protection mission and seeks civil injunctions and monetary remedies. In addition, many states have civil statutes that may be applied to...