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To this end, from an investigative standpoint, such activities are still basically crimes
against people, places, and properties. So, in a sense, we’re still dealing with the
fundamentals of a criminal investigation. None the less, the criminal has taken his, her or
their activities into an electronic neighborhood. Within this virtual world, the criminal
can inflict horrendous damages to the selected objective.
To deal with such criminals, it is incumbent upon professional law enforcement
agencies at all levels, as well as private commercial entities, to invest all available
resources where possible, in a “cyber unit”. Special expertise is required within the
virtual world of electronic anonymity. Upon development of a “cyber squad”, the next
step involves the assignment of qualified staffing. The basics in organizational structure
and design remain similar to other managerial frameworks.
That is, you need to plan, organize, budget, development and staff accordingly to fit
the needs of the organizational environment. Expert support services should be lined up
to assist the investigative team where ever necessary. For which, investigative personnel
must either have the technical and tactical expertise, or strive to learn and acquire the
essential fundamentals through appropriate educational training resources. Investigators
must be determined to ferret out the criminal by enhancing their skills.
Within the scope of “white collar” criminality, organized crime, and particularly those
criminals within an electronic landscape, investigating Cybercrime may not seem as
glamorous as other investigative processes. Frequently, we forget the impact of
commercial crimes (e.g. embezzlement, fraud, identity theft, internet schemes, etc) is ten
to twenty times greater than the usual street crimes. For instance, murder, rape, and
robbery investigations (i.e. Part I Index Crime of the U.C.R.), while vitally urgent to
resolve, tend to be more sensationalized by the various media. More so, than say hacking
into the local bank, or stealing someone’s credit card information.
Typically, the new investigator will be searching for action, adventure and excitement.
Television and the movies have done much to fuel illusions, misconceptions and less than
obvious deceptions about certain types of criminal investigations. Comically, we know
that a major crime has to be solved within the telecast of an hour’s worth of viewing. In
the real world however, we recognize it doesn’t happen like that. If you think otherwise,
good luck and try to forget television portrayals projecting creative crime fiction.
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That’s why the right personnel must be selected to fit within the scope of the unique
challenges confronted by an ever expanding cyber world. Some investigations may take
extraordinary amounts of time and resources to culminate solvability. Effective
investigators must assert a high degree of patience and persistence. It might not be too
untypical that such cases might require a couple of year’s commitment.
From an investigative perspective, you’ll want quality over quantity, facts instead of
fiction and dedication to critical thinking skills. Dealing with a criminological problem
necessitates the insistence upon avoiding fallacies of inference for the sake of subjective
validation. Without a doubt, people do this every day. They allow emotions, feelings and
reactivity to cloud the deduction reasoning aspects of problem-solving. Even though,
we’re affected by our emotional influences, an astute investigator learns to balance
between the two. Nothing is foolproof except the fool who proves you wrong.
All too often, based on a superficial assessment of a crime problem, we falter to the
slant of hasty generalizations about people, places and property. In short, we must bear in
mind people commit crimes because that’s what they want to do. To the extent possible,
we try to steer clear of logical fallacies. While this is not likely in an absolute sense, we
strive to test and evaluate our inclinations toward cognitive bias. This of course suggests
applying rigorous mental aptitude outside the proverbial box of toxic thinking.
No one is immune from biased pursuits to support investigative actions. But, in the
overall process, it’s important to ensure a strong devotion to professional training and
ongoing development of experience. During the course of an investigation, we want to
look into every nook and cranny and leave no stone unturned. In support of relentless acts
of discovery, one considers his or her perception of the facts versus the absence of facts.
Three points are relevant. One is how do you know a certain crime has occurred? Another
is how do you prove it based on what is known?
And, for a third possibility, is your theory of the crime valid? So, in short, how do you
know and what do you mean serve to substantiate the necessity for evidentiary criteria.
For the investigator, researcher or other practitioner, certain attributes are worth
emphasizing. These include: self-discipline in thinking processes, lawful means to reveal
the facts, bias control, efficient documentation, proficient capabilities and thorough
utilization of forensic applications. Networking with others remains essential.
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By use of various techniques and tactics, the more skillful investigator is creative,
adaptive and inventive. That’s because productive investigations do not fit a simplistic
template of trouble-free functionality, or “profiling” like on TV. One must focus and
direct the scope and extent to which the investigative process develops. You consider
how to determine the nature of the criminality under inquiry, like statutory authority of
the investigation, appropriate jurisdiction, and lawful provisions.
As such, you also consider the issues as applied to the specific incidence, such as
identity theft, email threat, electronic commerce, fraudulent activity, offenses against
electronic properties, and sexual harassment or cyber stalking. Critical concepts to
preliminarily assembling an investigative process necessitate an assessment of expertise
needed to address digital evidence criticality and “crime scene” procedures.
When dealing with digital evidence, proper levels of Cybercrime capabilities must be
used, along with unique needs regarding seizure, analysis, storage, retrieval and transfer
of evidentiary artifacts. Additionally, the investigator has to appreciate there must be
thorough documentation, preservation and otherwise protect investigative processes for
lawful review by competent authorities. Overall, we must satisfy the fundamentals, as
suggested by the basics of who, what, where, when, why and how.1
Within the framework of the inquiry, efforts are directed to ensure proper legality in
proven methodology, forensic processes and specialized expertise for all digital evidence
collection, analysis and security. Investigative processes strive for the ongoing safeguards
of logical deduction. This applies equally to the efforts directed toward locating and
identifying, if possible, all suspected criminal participants. But, it doesn’t stop there; as
such persistence also includes unmasking any and all collaborators.
Three key points in the overall perspective can be offered as reveal the perpetrators,
restore and recover properties and services, and resolve the criminality of the incident.
Expedient proactive well-planned efforts in apprehension, collection of evidence and
prosecution of offenders helps reduce opportunities for misadventure. In addition,
promotion of professional interaction among key investigative resources, such as people,
places and properties, further enhance preventive countermeasures.
1
Swanson, C.R., Chamelin, N.C., Territo, L., Taylor, R. W., Criminal Investigation – 10th Edition, (New
York, NY: McGraw-Hill Higher Education, 2009), pages 49-50;
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2
Samenow, S., Inside the Criminal Mind – Revised and Updated Edition, (New York, NY: Crown
Publishers, 2004), pages 71-72;