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Stacey Levine
Trial Attorney
Computer Crime and Intellectual Property SectionIn 1995, at the recommendation of the then-Computer Crime Unit (now the Computer Crime and Intellectual Property Section (CCIPS)), the Department of Justice created the Computer and Telecommunication Coordinator (CTC) Program to protect the nation's businesses and citizens from the rising tide of computer crime. The CTC program has now grown to 137 attorneys. Each United States Attorney's Office (USAO) has designated at least one CTC and over thirty-five districts have two or more. In addition, a number of Sections in the Criminal Division and other Divisions of Justice also have designated CTCs. The CTCs have four general areas of responsibility:
1. Prosecuting Computer Crime: At a yearly conference organized by CCIPS and at other times, the CTCs receive special training and periodic updates concerning legal and technical issues involved in investigating and prosecuting cybercrime, such as hacking, child pornography, theft of intellectual property and fraud. To ensure that these cases are effectively prosecuted, the CTCs must have a thorough grasp of the technology and vocabulary involved in these types of cases. Moreover, in the preparation of direct and cross-examination of expert witnesses at trial, it is necessary for the CTC to achieve a fairly high level of understanding of the technology and the operating systems that are the subject of the litigation. To date, the CTCs have prosecuted a number of high-profile cases in the computer crime arena.
For example, in United States v. Smith, CR-No. 99-730(JAG) (D.N.J. Guilty Plea Entered December 9, 1999),a CTC in the United States Attorney's Office in New Jersey, with the aid of an attorney from CCIPS, charged David Smith with violating 18 U.S.C. 1030(a)(5)(A) for disseminating the Melissa virus. Smith pleaded guilty to the offense and stipulated that his virus caused over $80 million in computer damages.
In United States v. Kevin Mitnick, 145 F.3d 1342 (9th Cir. 1998) available at 1998 WL255343, the defendant was indicted for multiple counts of wire fraud, computer fraud, illegal possession of access devices and illegal interception of wire communications stemming from his systematic intrusions and theft of millions of dollars of proprietary information from many of the world's largest cellular phone and computer software manufacturers. The case was prosecuted by CTCs in Los Angeles in coordination with CTCs in San Francisco, the Eastern District of North Carolina and numerous other districts where Mitnick engaged in computer hacking and theft. Mitnick pleaded guilty and was sentenced to a total of 68 months incarceration.
The CTCs have also been actively pursuing thefts of intellectual property. For example, in United States v. Jing Jing Fan Mou, CR-00- 504-R (C.D. Cal. Sentenced Dec. 4, 2000), a case handled by the CTC in the Central District of California, the defendant was charged with operating a trafficking ring that purchased and distributed Microsoft software worth over $600,000. The defendant was sentenced to a year in prison and ordered to pay restitution to Microsoft.
2. Technical Advisor: The CTC also serves as a technical advisor and resident counsel to his or her fellow prosecutors in the USAO on high-tech issues. By staying current in the field, the CTC is able to assist his or her office not only in cases concerning crimes against information technology but also in those cases involving electronic search and seizures or related issues.
3. Liaison: Network crimes do not recognize borders that separate countries, much less judicial districts. Therefore, CTCs often become involved in investigations with victims in different jurisdictions and perishable evidence housed by Internet Service Providers (ISPs) located around the country or the world. Usually, the location of a perpetrator, if it ever can be established, can only be ascertained at the end of an investigation, and may involve a different location altogether. Thus, to function well as a CTC, an AUSA must be prepared to work quickly and effectively to obtain orders for perishable evidence when asked to do so by a fellow CTC or CCIPS. The CTC may be asked to spend a great deal of time and effort on a case that may not result in an indictment or a prosecution in his or her district. Without this network of cooperation, it would be impossible to effectively investigate and prosecute these crimes.
4. Training and Outreach: One of the core duties of the CTC is to provide training and guidance to other AUSAs and to federal and local agencies in their district. By instructing federal, state, and local agents and prosecutors on searching and seizing computers, obtaining electronic evidence, and other issues, the CTCs help to ensure that law enforcement obtains admissible evidence and remains within the parameters set by the U.S. Constitution and Congress. The CTC should also establish relationships with regional experts from educational institutions and the technology industry to encourage open communication in the event of a computer intrusion or other network crime. These groups can also help the CTC to strengthen federal technical expertise in their districts.
For more information on the work of the CTCs and CCIPS, please visit www.cybercrime.gov.
ABOUT THE AUTHOR
Stacey Levine is a trial attorney in the Computer Crime and Intellectual Property Section. Prior to this, she was an Assistant United States Attorney in the Southern District of Florida. Before joining the Department of Justice she clerked for the Honorable Edward B. Davis, United States District Court, Southern District of Florida.
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