Conference paper
The United States approach to the investigation and prosecution of cybercrime and cryptocurrency crime
Thomas Dougherty
; Veleposlanstvo SAD, Zagreb, Hrvatska
Nevenka Lastrić Đurić
; Veleposlanstvo SAD, Zagreb, Hrvatska
Abstract
This paper is primarily a compendium of various documents published by the United States (U.S.) Government and will provide an overview of the U.S. approach to the investigation and prosecution of cybercrime, i.e. those crimes that use or target computer networks, which we interchangeably refer to as computer crime. It should also be noted that this paper will address the approach to investigating and prosecuting cybercrime at the federal level and not the state or local level. The paper will first provide an overview of the several specialized investigation and prosecution units established within the U.S. that
have been created or formed to address this issue. Next, it will provide an explanation to some of the specialized task forces and cybercrime
programs established by the U.S. Government which aim to deliver training and technical assistance to foreign law enforcement, prosecutorial, and judicial partners to combat cybercrime activity. The primary U.S. cybercrime legislation will be summarized, including the laws governing the search and seizure of computers and obtaining electronic evidence in U.S. criminal investigations, the Stored Communications Act/Electronic Communications Privacy Act (SCA/ECPA), the U.S. Federal Rules of Evidence (FRE) 902 (13-14) and the Computer Fraud and Abuse Act (CFAA). Finally, the paper will cover the U.S. approach to cryptocurrency related crime and the U.S. Government’s approach to seizure and forfeiture of digital assets and sentencing.
Keywords
cybercrime; digital evidence; cryptocurrency; prosecution; investigation
Hrčak ID:
288485
URI
Publication date:
29.11.2022.
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