Cyber Crime

Support Law Enforcement’s Fight Against Cyber Criminals

BSA Position

We believe that much has already been done to secure the digital world. For example, BSA was instrumental in securing the 2008 enactment of the Identity Theft Enforcement and Restitution Act, which modernized federal criminal law to address the realities of today’s cyber crime. We also see that federal, state, and local law enforcement are making considerable efforts on the frontlines every day. For exemple, the FBI has made one of its top priorities to “protect the United States against cyber-based attacks and high-technology crimes.”

BSA members believe that specific actions must be taken to address the threat of cyber crime. The steps we recommend include:

• Resources for U.S. law enforcement—law enforcement is fighting increasingly sophisticated and organized threats; therefore, it continues to need additional resources — funding for skilled personnel and cutting-edge technology — to expand its capabilities.
• International partnerships—the threat spans the globe, and so must our response. Foreign law enforcement agencies need to be empowered to pursue cyber criminals and collaborate across borders. In particular, BSA calls on all countries to ratify the Council of Europe Convention on Cybercrime — the only international treaty that addresses computer crimes and provides powers and procedures for their investigation and prosecution — and update their domestic laws to ensure they adequately prohibit cybercrime. This is in line with the recommendations of the White House Cyberspace Policy Review that the U.S. develop and implement an international strategy to address cyber crime (see p. 20 of the White House Review).

Issue

Networks and electronic data are under increasingly sophisticated attacks. These attacks include fraud, identity theft, and attempts against government networks and critical cyber infrastructure. These attacks are usually motivated by significant financial profits. These profits have created a powerful incentive for attackers to become technologically sophisticated, and they have led to the development of organized online crime syndicates that often span the globe. In short, cyber criminals now operate like modern businesses, albeit illegal ones. A more detailed description of the modern face of cyber crime is available here.

Winning the fight against cyber crime requires that U.S. and foreign law enforcement agencies and prosecutors have the resources, legal authority, and partnerships to match the threat.

Action Needed

• BSA calls on the U.S. Congress to increase funding for federal law enforcement. We also support increasing funding for federal grant and training programs for state and local law enforcement, as provided by Rep. Scott’s H.R 1292 and as called for by the Obama Administration (see “Develop a Cyber Crime Strategy to Minimize the Opportunities for Criminal Profit”.)
• BSA supports universal ratification of the Council of Europe Convention on Cybercrime.
• BSA urges all countries’ to update their domestic laws to ensure they adequately prohibit cybercrime.

For More Information

• The Fight for Cyber Space: High Tech and Law Enforcement Experts on Defeating Today's Cyber Criminals