V. Golubev , V. Gavlovskij, V. Tsimbaljuk

Computer Crimes Fighting Problems

It is recommended by Ministry of Education and Sciences of Ukraine

Teaching aid/under the general edition of the doctor of jurisprudence, professors R. Kaljuzhny. – Zaporozhje: Humanitarian University “ZIGMU”, 2002. – 292 p. ISBN 996-95921-2-7

ABSTRACT
The problems of struggle against crimes, committed in the sphere of computer technologies, computer network are considered in the manual. The responsibility for such crimes is described in the manual also. These crimes, as social and criminological phenomena have got the definition “computer crimes”. Authors aim not only to show the problem of cybercrime fighting and investigation, but also to help experts adapt for work in the modern conditions of computer technologies use. Special attention is given to coverage legal and criminological questions and analyses of defects. It is made with the aim of further avoidance the antagonisms in legislative activity and negative consequences of informatization. Authors research up-to-date material and generalize achievements of leading experts, at the same time they are based on their own theoretical and practical experience.
Manual is intended for students of Higher Schools who specialize on "Information security, information protection, jurisprudence and law-enforcement activity". The book will be useful to post-graduate students, cadets, students of Higher Schools of Law, including system of the Ministry of Internal Affairs.

CONTENTS

Preface

PART 1. THE GENERAL REGULATIONS OF CYBERCRIME FIGHTING

Section 1. Legal aspects of information security.

1.1. Bases of legal regulation of information security.
1.2. Subject of information protection.
1.3. Property rights in time of information processing.
1.4. Guarantees of legal protection within Contractual Law, Ownership and Copyrights.
1.5. Information access.
1.6. Relationship between the information owner and owner of computer-based system.
1.7. Relationship between the owner of information and user.
1.8. Requirements for information security in computer-based systems.
1.9. Creation of the information security in computer-based systems.
1.10. Status of Legal regulation of information security.
1.11. Responsibility for information security offences.
1.12. The main tortious aspects of information security.

Section 2. Criminally –legal aspects of information security and protection.

2.1. Questions of criminal responsibility for computer crimes.
2.2. Analysis of Part XVI Ukrainian Criminal Code “Crimes, committed in sphere of computer, systems and computer network use”

Section 3. International legal regulation of information security and protection in computer-based systems.

3.1. International activity in the field of information security and its legal regulation.
3.2. Legal regulation of information security and protection in computer-based systems in accordance with legislation of foreign states.

PART 2. CRIMINOLOGICAL AND CRIMINALISTICS ASPECTS OF COMPUTER CRIME FIGHTING

Section 4. Computer crimes criminological characteristic

4.1. Computer crimes methodical questions
4.2. Typical criminal aims, when for goal achievement the criminals use computers.
4.3. The subjects of information sphere.
4.4. The Computer crimes disclosing.
4.5. Problems of computer crimes latence.
4.6. The ways of cybercrimes commission.

Section 5. Peculiarities of computer crimes disclosing and investigation.

5.1. General scheme of illegal information access disclosing and investigation
5.2. Ascertainment of the fact of illegal information access
5.3. Ascertainment of the spot of illegal information access
5.4. Ascertainment of the time of illegal information access
5.5. Ascertainment of the ways of illegal information access
5.6. Ascertainment of the person, who has perpetrate illegal information access
5.7. Ascertainment of the offender’s degree of guild and perpetration circumstances
5.8. Ascertainment of the negative consequences of illegal access
5.9. Ascertainment of the reliability information security facilities
5.10. Ascertainment of the circumstances, which have initiated the illegal access

Section 6. Peculiarities of disclosing and investigation facts of harmful program and technical facilities distribution

6.1. General characteristic of harmful program and technical facilities
6.2. Idea and characteristic computer programs, devoted for illegal penetration into computer-based system and able to distort and delete information
6.3. Problems of computer viruses classification. Computer virology
6.4. Variety of computer viruses
6.5. Way of computer viruses distribution
6.6. Computer viruses’ criminological classification
6.7. Ascertainment of the fact of harmful program use and distribution
6.8. Ascertainment of persons guilty of harmful programs creation and distribution
6.9. Harmful computer programs creation, use and distribution
6.10. Search of the persons participating in use of harmful program and technical means
6.11. Establishment extent of damage
6.12. Ascertainment of the circumstances, which have caused the illegal access

Section 7. International legal aspects of computer crime fighting regulation

7.1. Characteristic of “Minimum list of offences”, which are specified as computer crimes in a line of European Sates
7.2. Short characteristic of “Additional list of offences”, committed in sphere of computer use

PART 3. PRECAUTION OF COMPUTER CRIMES COMMISSION

Section 8. Computer crimes prevention

8.1. Legal aspects of transnational computer crimes prevention
8.2. Attacks to computer systems in Internet
8.3. Internet security structure
8.4. Computer –based systems protection from “Trojan Horse”

Section 9. Conception and main point of computer information

9.1. Common aspects of computer information
9.2. Information storage. File system
9.3. The common means of information transmission
9.4. Common means and ways of information protection

Section 10. Use of Firewall for information technologies protection

10.1. Firewall with Router and Gateway
10.2. Pockets filtration based Firewall
10.3. Screen gateway based Firewall
10.4. Modem pool based Firewall

Section 11. Recommendations on computer crime investigation

11.1. Recommendations on investigatory actions at the initial stage of cybercrime investigation
11.2. Recommendations on investigatory actions at the further stages of investigation

APPENDIXES

Appendix 1. Extract from Criminal Code of Ukraine
Appendix 2. The bill of “Cybercrime fighting strategy” in Ukraine
Appendix 3 Decree of Ukrainian President

REFERENCES

RECOMMENDED LITERATURE