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Cybercrime Investigations
Cybercrime Investigations
A Comprehensive Resource for Everyone
John Bandler
Antonia Merzon
First edition published 2020
by CRC Press
6000 Broken Sound Parkway NW, Suite 300, Boca Raton, FL 33487-2742
and by CRC Press
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
© 2020 Taylor & Francis Group, LLC
CRC Press is an imprint of Taylor & Francis Group, LLC
International Standard Book Number-13: 978-0-367-19623-3 (Hardback)
International Standard Book Number-13: 978-1-003-03352-3 (eBook)
Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot
assume responsibility for the validity of all materials or the consequences of their use. The authors and publishers
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Library of Congress Cataloging-in-Publication Data
To my wonderful family.
A.M.
Contents
About the Authors................................................................................................................xxi
Acknowledgments...............................................................................................................xxiii
vii
viii Contents
Chapter 9 Civil and Regulatory Implications of Cybercrime: Cyberlaw in the Civil and
Regulatory Sectors ...........................................................................................153
9.1 Introduction............................................................................................153
9.2 Attorney–Client Privilege........................................................................153
9.3 Civil Lawsuits against Cybercriminals: Actions for Intentional Torts .....154
9.4 “Hacking Back”: Intentional Acts by Cybercrime Victims that Could
Incur Liability .........................................................................................155
9.5 Cybercrime Statutory Causes of Action..................................................156
9.6 Negligent Cyber Torts: The Reasonable Person and the Standard of
Care ........................................................................................................157
9.6.1 Negligence that Directly Causes the Harm ..................................157
9.6.2 Negligence that Allows the Commission of a Crime by a Third
Party ............................................................................................158
9.6.2.1 Theft of Automobile ......................................................159
9.6.2.2 Premises Liability...........................................................159
9.6.2.3 Cybercrime Liability ......................................................159
9.7 Actions under Contract Law...................................................................160
9.7.1 Cyber Insurance Policies ..............................................................162
9.8 Civil Actions for Asset Forfeiture by the Government ............................162
9.8.1 Federal and State Laws ................................................................162
9.8.2 Temporary Restraining Orders (TROs)........................................163
9.8.3 Burden of Proof ...........................................................................163
9.9 General Civil Laws and Regulations Regarding Cybersecurity and
Privacy ....................................................................................................164
9.9.1 Data Disposal Laws and Rules ....................................................165
9.9.2 Information Security Laws...........................................................165
9.9.3 Data Breach Notification Laws....................................................166
9.9.4 Privacy Laws and Who Enforces Them .......................................166
9.9.4.1 FTC and State Attorneys General .................................167
9.9.4.2 GDPR............................................................................167
9.9.4.3 California Consumer Privacy Act ..................................168
9.9.4.4 Colorado Protections for Consumer Data Privacy Act
(PCDPA)........................................................................168
9.10 Civil Laws and Regulations for Specific Sectors......................................168
9.10.1 Financial Sector .........................................................................169
9.10.1.1 GLBA: Gramm-Leach-Bliley Act ................................169
9.10.1.2 FFIEC and SEC Requirements....................................169
9.10.1.3 New York Information Security Requirements for the
Financial Sector ...........................................................170
9.10.2 Health Sector Regulations: HIPAA and HITECH.....................170
9.11 Conclusion..............................................................................................170
xiv Contents
Chapter 17 Apprehending the Suspect and the Investigation that Follows .........................285
17.1 Introduction............................................................................................285
17.2 Charging Decisions .................................................................................285
17.2.1 Methods for Charging a Suspect ................................................286
17.2.2 “Sealing” Charges versus Publicizing Them...............................287
17.3 Interstate Procedures for Arresting and Extraditing Defendants ............287
17.4 International Procedures for Arresting and Extraditing Defendants.......289
17.5 Arrest Strategies and the Hunt for Evidence...........................................290
17.6 A Successful Arrest Does Not Mean “Case Closed”...............................291
17.7 Conclusion..............................................................................................292
19.6 The Civil Lawsuit and the Role of the Investigation ...............................320
19.7 Arbitration..............................................................................................322
19.8 Conclusion..............................................................................................323
Index....................................................................................................................................326
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bronchial tubes. With this view, the picrate of potash (0·20 to 0·40
gram per head) is given, dissolved in thin gruel or mucilage;
creosote; oil of turpentine; a mixture of equal parts of oil of
turpentine and tincture of camphor—a teaspoonful every day to each
lamb in a mucilaginous fluid; a mixture of creosote 120 grams, spirits
of wine 500 grams, and water 700 grams—an ordinary spoonful
every day to each animal; or creosote 60 grams, benzine 300 grams,
water 2 litres—an ordinary spoonful given every day for eight days to
each sheep. Hall states he has successfully employed prussic acid in
ten-drop doses, morning and evening.
But experience has shown that, while such treatment is
troublesome to carry out, its efficacy cannot be relied upon.
Success is more certain with fumigations, as they penetrate
directly to the worms, stupefy them, and induce fits of coughing that
cause expulsion. They are practised in buildings from which all
forage is previously removed, and which are well closed. Into these
the diseased [animals] are introduced, and on a red-hot shovel are
placed rags, horns, feathers, hair, old pieces of leather,
empyreumatic oil, tar, juniper berries, asafetida, etc. The intensity,
duration, and number of these fumigations are graduated as the
sheep become accustomed to them. At first once a day may suffice,
and then the intensity should be moderate and the duration about
ten minutes; afterwards two, and finally three, may be given during
the day, each lasting for twenty minutes. Kowalewsky says he has
obtained very good results from similar fumigations. Fumigations
with chlorine, sulphur, and sulphuret of mercury or cinnabar have
been recommended, but they are dangerous.
(Stephen recommends as follows: Put about forty lambs at a time
into an air-tight house, and place tar, sulphur, and turpentine in a
pot of burning coals, suspended by a chain from the ceiling and
brought as near to the heads of the animals as possible; the fumes
are to be allowed to fill the house, and more ingredients are added as
required, the lambs being kept in the place for twenty-five minutes
each time, and the process to be repeated on three occasions.)
Tracheal injections in the verminous bronchitis of calves are of
great utility; but for a flock of sheep they would be troublesome and
difficult to administer. However, Nieman, has successfully employed
them on 384 sheep belonging to several small owners. He used a
solution of 2 parts iodine and 10 parts iodide of potassium in 100
parts of distilled water. This fluid was mixed, in equal parts, with oil
of turpentine, and made into an emulsion with olive oil; each sheep
received 5 to 8 grams of the mixture, and the number of the
injections varied according to the gravity of the disease—from two to
three at two days’ interval. The worms were killed and expelled
during the paroxysms of coughing, and the bronchitis was modified.
The medical treatment should be assisted by very nourishing food,
and by bitter, stimulating, and ferruginous tonics, which arouse the
digestive functions and allow those animals which are least
exhausted to reach the period of elimination of the parasites.
At the commencement of any kind of treatment it is well to have an
examination of the flock, with the object of sending the worst cases
to the butcher.
The same medicaments have been employed in treating this
malady in calves as in that of sheep, and no better results have been
obtained. Neumann and Janné have, however, been successful with
asafetida (30 grams), Chabert’s empyreumatic oil (60 grams), and a
mucilaginous decoction (500 grams)—a spoonful of this mixture
being given in a half litre of milk, and the treatment continued for
about a month.
The results are less uncertain if the worms lodged in the bronchial
tubes are directly acted upon, either by means of injections of the
same kind as those employed for sheep, or fluid medicaments
introduced directly into the bronchi.
Read says he has cured calves worn down almost to skeletons by
verminous bronchitis by the following procedure: The head of the
calf is slightly elevated, and about 2 drachms of ether, chloroform, oil
of turpentine, or rectified oil of amber—single or combined—are
poured into each nostril and allowed to vaporize there; it will then,
by the respiration, be carried into the air passages, and thus destroy
the filariæ. In some cases it must be repeated two or three times, but
once has frequently the desired effect.
The method of treatment by intra-tracheal injection, introduced by
Levi, of Pisa, has yielded very satisfactory results. Levi has been
completely successful with a sheep. Éloire has employed it in sixteen
calves affected with the disease, and all were cured. He used the
following mixture: Black poppy oil, 100 parts; oil of turpentine, 100
parts; carbolic acid, 2 parts; purified cade oil, 2 parts. Each calf
received 10 grams of this mixture daily for three days.
The injection, which should be given slowly, is followed by a fit of
coughing, and the expired air has the odour of turpentine. This
treatment has also been successful at Milan. Similar favourable
results have followed Hutton’s treatment of eight calves, some of
which were in the last stage of verminous bronchitis. He employed a
mixture of oil of turpentine, tincture of opium, pure carbolic acid,
and water—the oil of turpentine forming one-half of the mixture. The
dose was ½ an ounce, and in the serious cases this was given every
day for three days, and in other cases every second or third day.
Kriwonogow has likewise cured twenty-two calves by giving each of
them two tracheal injections of 8 grams of the following mixture:
Essence of cloves and oil of turpentine, 360 parts of each; carbolic
acid and olive oil, 30 parts of each.
(Williams speaks highly of the administration of prussic acid.
Penhale gives—by intra-tracheal injection, and slowly—oil of
turpentine 2 drams, carbolic acid 20 minims, and chloroform ½ a
dram.)
CHAPTER IV.
LUNGS AND PLEURÆ.
PULMONARY CONGESTION.
SIMPLE PNEUMONIA.
History. Veterinary surgeons have long been divided in opinion
on the question whether simple pneumonia occurs in animals of the
bovine species. Whilst some affirm it, others think that all lesions of
the lung in the ox, apart from pneumonia due to foreign bodies,
should be regarded as of the nature of peripneumonia.
Some ten years ago two veterinary surgeons of the department of
the Aisne, Coulon and Ollivier, practising in a district where
peripneumonia rages, made some extremely interesting observations
on pneumonia in the ox. Their object was to distinguish between
contagious peripneumonia and simple pneumonia during life, simple
pneumonia having formerly been regarded as a non-contagious
peripneumonia. Despite the rather unfavourable conditions in which
ordinary practitioners are frequently placed, these gentlemen
performed a work of great value. The facts which point to the
occurrence of simple pneumonia are as follows:—
The disease is not contagious. One may allow affected animals to
mix with normal subjects without the disease being communicated.
Pulmonary exudate from cases of simple pneumonia can be injected
into the dewlap and hind quarters of young and adult animals,
without pathological results.
The lesions and course of simple pneumonia entirely differ
from those of peripneumonia.
Causation. Simple pneumonia is not common, and only occurs
quite exceptionally in fat stock, or in milch cows kept in stables at a
regular temperature, as in the north of France and near Paris.
It occurs most commonly in working animals, which are exposed
to variations in temperature and to chills. By causing vascular
disturbance, chill favours microbic infection and visceral
inflammation. Trasbot has described the case of an ox which, after
having worked hard, and whilst freely sweating, was left exposed to
the wind under a shed for about three hours. This animal contracted
unilateral pneumonia the following day.
Coulon and Ollivier have seen the disease in animals living in
damp, low-lying valleys, or valleys exposed to the north wind, which
are exposed in consequence to great variations in temperature.
The symptoms follow almost the same course as in the horse,
and one may distinguish three periods:—
I. Period of onset. The symptoms which mark the onset of the
disease are moderate fever, which progressively increases, and
acceleration of respiration and of circulation. The number of the
respiratory movements rises to twenty or twenty-five per minute,
those of the pulse to fifty, sixty, or eighty. The conjunctiva becomes
injected, and then of a yellow tint. At this period the appetite never
disappears completely, rumination is regular, and there is neither
tympanites nor colic.
These general symptoms, which are not of special significance, are
supplemented by more precise local symptoms—an abortive, difficult
and painful, cough which is easily induced, and a whitish discharge.
The rusty expectoration which is characteristic of simple pneumonia
in the horse and in man has never been observed.
Percussion discloses partial dulness, usually on one side, in the
lower region of the chest: the respiratory murmur in this region is
ascertained by auscultation to have diminished, whilst in the upper
part and also on the opposite side the respiratory murmur is
increased.
II. Period of exacerbation. This period is characterised by
accentuation of all the symptoms: the temperature rises, and may
attain 104° Fahr.; the submaxillary artery is tense; the dulness
becomes more marked, whilst crepitant and mucous râles are heard.
In the portions still unattacked the function of the lung is
exaggerated in order to make up for the defect of the diseased parts,
and the respiration becomes juvenile.
The appetite, which previously had been maintained, diminishes
considerably, without, however, entirely disappearing, and intense
thirst sets in, as a consequence of the fever.
III. Period of crisis. The general symptoms remain stationary
for four or five days; the respiration, which is always affected,
sometimes becomes as rapid as thirty to forty per minute; the tubal
souffle which invariably occurs in pneumonia of the horse is not
always clearly audible.
Terminations. (1.) Resolution.—This is indicated by the
attenuation of all the symptoms and the disappearance of fever,
which gradually sinks from 105° to 101° Fahr. The respiratory
movements become fuller and fewer in number, the pulse slower,
and the artery softer and more compressible. The cough changes its
character, is stronger, more sonorous and prolonged, and is
accompanied by the free discharge of muco-pus. The dulness
descends, and the tubal souffle, if previously existing, is replaced by
the returning crepitant râle. In general the disease runs its course in
eight to ten days in young and in fourteen to fifteen days in aged
subjects.
(2.) Death by asphyxia is almost the only fatal termination of
pneumonia in the ox. It occurs in one-third to one-fourth of the
subjects attacked. Its approach is announced by a deep mahogany-
red coloration of the conjunctiva. The pulse becomes very rapid, 100
to 110 per minute, thready, small, and almost imperceptible, whilst
the beating of the heart is strong and tumultuous. Respiration is
rapid and very laboured (50 to 70 per minute). The animal’s attitude
is typical; it stands with its limbs thrust out, its head extended, its
nostrils dilated, and its mouth half open, discharging foamy and
viscous saliva. Throughout the greater portion of the lung gurgling
sounds and crepitant mucous râles can then be detected.
(3.) Cases ending in gangrene and suppuration are excessively
rare, and others resulting in chronic pneumonia have not been
authoritatively described.
Pneumonia is distinguished from broncho-pneumonia by the
existence of dulness at the period of crisis, whilst in the case of
broncho-pneumonia this period is only marked by partial dulness,
which is even then sometimes slight. Moreover, broncho-pneumonia
usually develops much more slowly.
The disease, then, is distinguished from peripneumonia by the
following points:—
(a) By the character of the temperature curve, which is regular in
pneumonia, only attaining its highest point at the period of crisis,
whilst in peripneumonia it ascends suddenly, and presents sudden
oscillations.
(b) The appetite remains, although diminished.
(c) Sensitiveness in the region of the ribs is but feebly marked, or is
entirely absent, simple pneumonia not being accompanied by
pleurisy.
(d) The dewlap never shows œdema, a symptom which usually
accompanies the period of crisis in peripneumonia, when the jugular
veins and the anterior vena cava are compressed.
(e) These signs alone are almost sufficient on which to base the
diagnosis, but they are often supplemented by two others, of some
what less importance (for in exceptional cases they may also be
observed in simple pneumonia), viz.—the absence in most instances
of a membranous sound, and of a well-marked souffle.
Prognosis. Two-thirds of the cases recover. This proportion
might be increased if the veterinary surgeon were called in at the
beginning.
Lesions. Post-mortem examination reveals neither pleural
exudate nor pleural lesions. The lung is large and of increased
weight, hepatised along its lower borders, and congested in its upper
part.
The sero-hæmorrhagic infiltration of the interlobular spaces
varies, according to the region examined: the upper regions are
engorged and black, owing to capillary hæmorrhages and blood clots,
which completely surround the pulmonary lobule, the latter being
violet or brownish-red in colour. In the hepatised portions the
lobules are of a washed-out reddish tint, and the interspaces of a
whitish colour.
The bronchi are filled with frothy, whitish mucus; the small
bronchi sometimes contain fibrous concretions and the mucous
membrane is injected, and may be destroyed in places. The bronchial
lymphatic glands are enlarged, congested, and contain small
hæmorrhages.
It is important in making a post-mortem examination to be able to
distinguish pneumonia from peripneumonia. This is comparatively
easy if one bears in mind that in the latter pleurisy always exists, that
the interlobular connective tissue spaces are always greatly distended
with a citrine-coloured serosity, that on section the peripneumonic
lung resembles a mosaic; and that, finally, the course of hepatisation
is centripetal, the inflammation commencing at the periphery of the
lobule, and progressively extending towards the centre. In
pneumonia, on the contrary, pleurisy is always absent; the
interlobular connective spaces are only distended slightly, if at all,
and always contain a brownish-red serosity: the course of
hepatisation is centrifugal; it commences in the pulmonary alveoli,
and extends towards the periphery and the interlobular divisions.
The following table gives a résumé of the other differences between
the two diseases:—
Peripneumonia. Pneumonia.
Foreign bodies which find their way into the trachea instead of the
œsophagus provoke in most cases broncho-pneumonia, which very
rapidly terminates in gangrene and death.
Causation. Forced feeding of sick animals which have lost their
appetite is one of the principal causes of this grave condition. In
order to administer food such as mashes, gruel, hay tea, etc., the
oxherds have a bad habit of lifting the entire head and drawing
forward the tongue whilst they pour the concoctions into the
animal’s mouth. The liquid cannot then be divided into portions,
deglutition in the pharynx is badly effected, and the substances
administered find their way partly into the larynx and partly into the
œsophagus. In the case of astringent, bitter, or highly stimulating
drugs, a similar accident may be caused by spasm of the pharynx or
œsophagus, where the tongue has not been left free and excessive
quantities have been given.
Again, during the course of diseases complicated with paralysis of
the pharynx (cow-pox, parturient apoplexy), obstruction of the
pharynx and œsophagus (tympanitic indigestion), intense
pharyngeal dysphagia (foot-and-mouth disease), etc., the risk of
broncho-pneumonia due to foreign bodies is much greater still. It
may even occur spontaneously in animals in the enjoyment of
complete freedom (foot-and-mouth disease).
Lastly, cases of broncho-pneumonia have been described as a
consequence of inhaling foreign bodies, when the animals are fed, for
example, with meal made from undecorticated cotton-seed. Under
such circumstances the lesions produced are similar to those of
pneumoconiosis in man (the chronic forms of pneumonia of miners,
charcoal-burners, quarrymen, stonemasons, etc.).
Symptoms. The symptoms of gangrenous broncho-pneumonia
become apparent immediately after the foreign body has entered the
trachea. They commence with a violent, spasmodic cough, produced
by reflex action, which in its turn is due to the laryngeal mucous
membrane having been touched. But this cough is now too late to be
of use, for the food, drug or liquid has passed into the depths of the
trachea, and cannot be ejected. The cough soon ceases, and the
animals may even return to their food. These appearances, however,
are deceptive, for twelve, twenty-four or forty-eight hours later the
cough reappears, whilst appetite diminishes. The attacks of coughing
are succeeded by the discharge of a greyish or reddish-grey
offensively smelling material; respiration becomes more rapid, the
heart’s action violent, and the temperature rises to 103° or even 105°
Fahr. (39·5 to 40·5° C.).
The patients soon refuse all solid food, and if the chest is then
examined by percussion one finds partial dulness, rarely simple
dulness, over the cardiac lobes opposite the point where the girth
passes. The partial dulness may rise to a varying height on both
sides; sometimes it is confined to one side.
On auscultation the respiratory murmur in the upper two-thirds of
the lung appears exaggerated on both sides, and is found to have
greatly diminished, or disappeared altogether in the inferior zone.
Auscultation through the scapula almost always shows that the
anterior lobes are affected; but, at all events, in the examinations we
have made, checked by post-mortem examination, the cardiac lobes
have always proved to be most affected, a fact attributable to the
direction of the principal bronchi. The lower portion of the posterior
lobes may also be affected, but this is rarer. All the lower zone is
irregularly hepatised, and on auscultation one hears large moist
râles, whilst respiration sometimes appears of a blowing character,
and divided by a pause, but there is no tubal souffle. If the patient
survive for a certain time, the sounds heard on auscultation undergo
change; gurgling noises and sometimes true cavernous souffles are
heard, as a result of suppuration in the bronchi and gangrene of one
or more areas in the lung. Diffuse gangrene is rare, and the inferior
zone is usually the only portion affected.
During this phase the expired air has an absolutely characteristic
gangrenous odour.
Death occurs by asphyxia and intoxication, but some animals hold
out for a fortnight and more.
Lesions. Post-mortem examination reveals a suppurative but
secondary inflammation of the mucous membrane of the nasal
cavities, pharynx, larynx, and trachea.
In the bronchi, sometimes very deeply placed, remains of foreign
bodies are found in cases where some solid material has been
inhaled. The mucous membrane of the bronchi is violet in colour, in
places appears to be sloughing, and is covered by gangrenous patches
immersed in a reddish-grey putrid fluid of offensive odour. In places
the pulmonary tissue has undergone gangrene; and incision of the
diseased centres discovers irregular cavities, filled with a pultaceous,
greyish material, which often makes its way into the bronchi. These
are the irregular cavities which give rise to the gurgling sounds. The
walls of these cavities are formed of disintegrating pulmonary tissue,
which again is surrounded by a zone of grey hepatisation. The
gangrenous areas may unite, forming vast caverns. If near the
surface they cause adhesive or septic pleurisy.
Diagnosis. The diagnosis is not very difficult, provided that an
exact account can be obtained of the circumstances which preceded
the appearance of the disease. The signs furnished by the discharge,
the expired air, percussion and auscultation are sufficiently
significant to remove any doubt.
Prognosis. The prognosis is extremely grave, and in the great
majority of cases fatal.
Treatment. There is very little chance of recovery, no matter
what treatment may be employed. The most favourable termination
consists in the gangrene remaining limited to the bronchi and to a
small fragment of the lung, so that the damaged tissues, being
gradually delimited and sloughed off, may finally be discharged by
coughing.
This is an exceptional termination, but attempts may be made to
assist its evolution by giving alcohol in doses of 8 to 10 ounces per
day, and salicylate of soda in doses of 4 to 5 drachms. When the
condition can be early diagnosed before intense and continued fever
has set in, and when the animal’s condition is good, it is often
preferable to slaughter the patient.
INFECTIOUS BRONCHO-PNEUMONIA.
Young animals still with the mother, particularly calves during the
first few weeks of life, are liable to broncho-pneumonia of a
specialised character, as regards not only its causes, but its
development and duration.
Causation. The causes may be grouped under two principal
heads:—
(a) In slow or difficult cases of parturition, the fœtus may be
injured whilst being delivered, as a consequence of direct
compression of the great blood-vessels, etc. (particularly of
compression of the umbilical cord, compression of the thorax in the
cardiac region, or partial premature separation of the envelopes),
and may thus by reflex action make automatic inspiratory
movements.
Respiration being impossible, inasmuch as the thorax has not yet
passed the posterior passages, such inspiratory efforts made during
the passage through the pelvis may cause amniotic liquid to pass into
the bronchi. This accident is particularly liable to occur during
deliveries with breech presentation. If, as happens frequently, the
amniotic liquid has become infected either prior to or as a
consequence of obstetrical manipulation, the result is fatal; for the
passage of infected amniotic fluid into the bronchi develops a
broncho-pneumonia of a degree of gravity depending on the
character of infection.
(b) By an entirely different mechanism broncho-pneumonia may
occur in sucking calves during the first few weeks of life, even in the
case of animals born in a vigorous condition, and kept in warm and
well-arranged stables. This form follows diarrhœa, and constitutes a
final complication which is always of very marked gravity, and in
most cases fatal.
Such secondary broncho-pneumonia only occurs when the
diarrhœa has resisted treatment, and it is important to note that the
pectoral lesions appear at a time when the intestinal mischief seems
to have diminished, the diarrhœa having lessened or disappeared.
This variety of broncho-pneumonia of young animals is by far the
most frequent. It has been termed broncho-pneumonia of intestinal