Changing Criminal Justice Systems

Thus far, it appears that information protection will increase in importance. If so, the world's criminal justice systems and processes undoubtedly will also be affected. The question is, will they change for the better or for the worse? If the United States is any indication, they will worsen. Why, in such a technologically advanced country? Ironically, technology brings with it rapid social change as well.

One may wonder what is the impact of the criminal justice system on the ISSO and Information protection. The answer is simple: The people who steal business or national secrets, damage, destroy, or modify information and systems, and commit other criminal acts are the main reasons why the ISSO and Information protection program exist. After all, if no one violated laws or company policies, and everyone protected information and systems, why would businesses or government agencies need an ISSO or an information protection program?

At some point in your career, you will become involved in a high-technology crime investigation, and thus will become actively involved in the criminal justice system. You must understand how that system operates, or you'll not only be at a disadvantage, but probably disappointed as well!

In the global marketplace that your company undoubtedly works in and is affected by, you as the ISSO must understand the international and foreign nation-state laws that have an impact on your business, especially those related to privacy and security. For example, your company may operate in a foreign country. If so, that country may not allow the encryption of transmissions through their country. If this is the case, do you violate that law, understanding its entire ramifications, in order to protect company secrets, or do you not encrypt and understand the risks of others reading the "company mail"?

As society embraces the Third Wave, as described by the Tofflers, it does not wait for the two prior waves' processes to catch up. Thus, one can see the trend of a disintegrating U.S. criminal justice system where crime increases faster than the criminal justice system can deal with it. More discretionary arrests, plea-bargaining prosecutions, overburdened court systems, and the release of convicted criminals from jails and prisons are indications of this change to a Third Wave society. We seem to be trying to use Second Wave criminal justice system processes and functions to handle Third Wave problems, and it doesn't seem to be working.

One of the disadvantages of being a leading technology-based country such as the United States is that one does not have the opportunity to learn from the mistakes of others who are more advanced. This is an extremely important point, especially when discussing the criminal justice system, because the criminal justice system is the primary system responsible for the prevention of crime and the promotion of social stability of a nation.

If a nation is to be strong economically to compete in the world, it must have stability in which businesses can operate and people can have a secure and peaceful life. Lack of security and peace leads to increases in crime. It follows that high-technology crimes would likely increase. In addition, without a good criminal justice system, frauds and other crimes not only will be more frequent, but also will sap the economic strength from the people, businesses, and the country.

We know that technology is increasing at a rapid rate. Computer-based technology has become a necessary and integral part of businesses, government agencies, and our personal lives. No longer can we efficiently function without the use of today's modern, computer-based technology.

As with any tool, computers, including telecommunication systems, can be a target or used as a tool of criminals, also known as techno-criminals. The threats to society, businesses, and government agencies by techno-criminals are increasing as our technology and our dependence on technology increase.

A 1997 Computer Crime and Security Survey conducted by the Computer Security Institute in cooperation with the FBI disclosed that computer crimes were increasing and reported losses totaling more than $100 million! Their 2002 survey^[15] stated:

• Forty-four percent (223 respondents) were willing and/or able to quantify their financial losses. These 223 respondents reported $455,848,000 in financial losses.

• As in previous years, the most serious financial losses occurred through theft of proprietary information (26 respondents reported $170,827,000) and financial fraud (25 respondents reported $115,753,000).

The techno-criminals, vis-a-vis the world's criminal justice systems, are also faced with a system which provides them some measure of immunity to techno-crimes. For example, the attacks against U.S. computer systems are becoming more internationally oriented. Today's techno-criminal can attack any place in the world from any place in the world.

What is worse, because of our complicated communication systems, it is difficult to trace the attacks back to the attackers. Also, many countries' laws do not even address the issue of techno-crimes, making it almost impossible to prosecute anyone attacking a U.S. computer from outside the United States. And because of the political ramifications alone, extradition of these attackers to the United States, or any other country, for prosecution is a complicated and generally impossible task! After all, what nation-state wants to give up sovereignty over its citizens?

For the ISSO, it is imperative to understand the criminal justice systems of the United States and other countries where the company or government agency does business. The problems with the criminal justice systems, conflicts and changes, will continue to be an underlying force whose impact on information protection functions will extend into the 21st century.

The change in society where white-collar crimes, frauds, are being perpetrated more and more through the use of computers and telecommunications systems seems to be an obvious result of the rapid changes in societies, and our reliance on information systems.

This is understandable, as alluded to earlier, because what once was done by paper and pencil has now been automated, e.g., accounting systems. Therefore, although today's criminals have the same motive as in the past, they must now operate in a new environment, a technological environment. If criminals want to steal money, they must use and attack information systems. To paraphrase an old-time bank robber: "Because that's where the money is!"

Since it appears that more crimes are being committed by using the computer as a tool to attack other computers, and that trend is likely to continue, the ISSO's responsibilities include an Information protection program which will assist in minimizing the opportunities for frauds and other crimes through the systems. If such crimes do occur, it is expected that the ISSO will play a vital role in the investigation, and in any disciplinary action or prosecution of the offenders—thus offering another challenge and opportunity to the ISSO profession.

^[15]For additional information see http://www.gocsi.com