In the early 1990s, professionals began to question how to address offender computer use while on supervision, but in the past ten years, tools emerged that were specifically developed for triage and field forensics. As these were rapidly embraced, it was still unclear what professionals could look for, how to look for it, and how to interpret what they found. This unique book resolves those issues. The book provides a clear outline of what can and should be done regarding the management of offender computer use. Not only does the text help community corrections professionals understand how to monitor computer use, but it helps realize how information gained during monitoring can assist in overall case management. The book takes the reader through all the paces of managing offender cyber-risk and is meant specifically for pretrial, probation, parole, and community sanction officers. The chapters are organized by major areas, such as community corrections and cyberspace, understanding the options, condition legality, operational legality, accessing cyber-risk, computer education, principles of effective computer monitoring, search and seizure, deploying monitoring software, and online investigations. Additionally, numerous appendices provide a wealth of information regarding model forms, questionnaires, and worksheets. This book moves the reader toward a more informed use of the technology that is now readily available to effectively manage offenders’ digital behavior.
Foreword—Jim Tanner
Preface
List of Illustrations
Chapter
1. DOES COMMUNITY CORRECTIONS COVER CYBERSPACE?
Cybercrime Overview
Traditional Practices
Digital Age’s Advent
Cyber-sex Crimes
Current Practices
Conclusion
2. UNDERSTANDING THE OPTIONS
Restrictions
Functional Restrictions
Access Restrictions
Total Computer Ban
Impact
Supervised Person
Family/Significant Others
Agency
Monitoring, Searching, and Other Techniques
Monitoring
Computer Searches
General Searches
Online Investigations
Polygraph
Home Confinement/Location Monitoring
Field and Collateral Contacts
Interviewing and Records Examination
Conclusion
3. CONDITION LEGALITY
Federal/State Constitutions
First Amendment (U.S. Const. Amend. I)
Fourth Amendment (U.S. Const. Amend. IV)
Fifth Amendment (U.S. Const. Amend. V)
Sixth Amendment (U.S. Const. Amend. VI)
Eight Amendment (U.S. Const. Amend. VIII)
Fourteenth Amendment (U.S. Const. Amend. XIV)
State Constitutions
Statutes
Federal Law
State Law
Interstate Compact
Case Law
U.S. v. Paul, 274 F.3d 155 (5th Cir. 2001)
U.S. v. Lifshitz, 369 F.3d 173, 175, 190-92 (2d Cir.2004)
U.S. v. Zinn, 321 F.3d 1084 (11th Cir. 2003)
U.S. v. Sales, 476 F.3d 732 (9th Cir. 2007)
U.S. v. Voelker, 489 F.3d 139, 154 (3d Cir.2007)
U.S. v. Love, 593 F. 3d 1 (DC Cir. 2010)
U.S. v. Tome, 611 F. 3d 1371 (11th Cir. 2010)
In Re Hudson, (49 Cal. Rptr. 3d 74 - Cal: Court of
Appeals, 1st Appellate Dist., 1st Div. 20, 2006
State of New Hampshire vs. Steven Merrill, Case No.
2009-811
People v. TR, (Cal: Court of Appeals, 4th Appellate Dist.,
1st Div. 2010)
Regulations
Conclusion
4. OPERATIONAL LEGALITY
Search Case Law
U.S. v. Tucker, 305 F. 3d 1193, (10th Cir. 2002)
U.S. v. Lifshitz, 369 F.3d 173, 175, 190-92 (2d Cir.2004)
U.S. v. Yuknavich, 419 F. 3d 1302, (11th Cir. 2005)
U.S. v. Herndon, 501 F. 3d 683 (6th Cir. 2007)
Discussion
Statutes
The Stored Communications Act, 18 U.S.C. §§ 2701-2712
(“SCA”)
The Wiretap Statute (TITLE III) 18 U.S.C. §§ 2510-2522
The Privacy Protection Act (“PPA”), 42 U.S.C. § 2000aa
Other Legal Concerns
Fifth Amendment Issues
Cyberspace Investigations
Privileged Materials
Use of WiFi Detectors
Use of Ultraviolet Light
Conclusion
5. ACCESSING CYBER-RISK
Computers and Criminal Behavior
Risk Assessment
Offender’s Motivation
Criminal Computer Use
Technical Means
Technical Ability
Prior Criminal Behavior
Evaluating Risk
Cyber-Sex Offenses
Files Found
Equipment and ISP
Online Activities
Other Activities
Risk Level and Monitoring
Juvenile Texting
Other Risks
Substance Abuse
Gambling
Suicide
Conclusion
6. A “BIT” OF COMPUTER EDUCATION
Two Basic Concerns
Computer Basics
Input and Output Devices
Storage
Processing, Communication, and Electrical Supply
Software
Other Concerns
Conclusion
7. PRINCIPLES OF EFFECTIVE COMPUTER
MONITORING
Principle 1: Have a Plan
Principle 2: Limit Access
Principle 3: Actively Look for Circumvention
Principle 4: Utilize A Resilient Method
Principle 5: Reliability and Accuracy
Principle 6: Utilize Alerts
Principle 7: Review Notifications/Data
Principle 8: Accessibility
Principle 9: Avoid Negative Impact on Others
Principle 10: Monitoring Can Be Compromised
Conclusion
8. SEARCH AND SEIZURE
Search Types
Boot CD/DVD Software
ImageScan
TUX4N6
Knoppix
NTA Stealth
Discussion
Windows-Based Software
Field Search
Digital Evidence and Forensic Toolkit (DEFT)
FTK Imager®
WinAudit
USBDeview
Triage Tools
Advanced Computer Examination Support for Law
Enforcement
ProDiscover®
Computercop
Remote Examination Agents (REA)
Forensic Software and Hardware
Seizure
Mobile Phone and Device Searches and Seizures
Evidence Storage
Evidence Disposal
Conclusion
9. DEPLOYING MONITORING SOFTWARE
Evolution of Monitoring Software
Consumer Monitoring Software
Original Focus
Authority
Familiarity
Time/Access
Volume
Comparison
Features
The Company Approach
Internet Probation and Parole Control (IPPC)
RemoteCom
Discussion
Mobile Phones
Monitoring Other Systems
Conclusion
10. ONLINE INVESTIGATIONS
Social Networking
Getting Started
SNS Profiles
SNS Monitoring
Websites
Documentation
Training Resources
Conclusion
EPILOGUE
APPENDICES
A. Computer Restriction and Monitoring Program
Participant Agreement
B. Computer Usage Questionnaire
C. Hardware/Software Restrictions
D. Computer Monitoring Release
E. Computer Usage Update Questionnaire
F. Authorization to Search/Seize Computer Equipment/
Electronic Data
G. Knoppix Evidence Inventory Worksheet
H. Preview In Windows
I. Property Receipt
Index
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