One other method of computer surveillance that is used is “sting operations.” These operations are established so as to continue to track the attacker, online. By baiting a trap or setting up “Honey Pots,” the victim organization lures the attacker to a secured area of the system. The system attackers were enticed into accessing selected files. Once these files or their contents are downloaded to another system, their mere presence can be used as evidence against the suspect. This enticement is not the same as entrapment because the intruder is already predisposed to commit the crime. Entrapment only occurs when a law enforcement officer induces a person to commit a crime that the person had not previously contemplated.

It is very difficult to track and identify a hacker or remote intruder unless there is a way to trace the call (e.g., caller ID or wire tap). Even with these resources, many hackers meander through communication networks, hopping from one site to the next, through a multitude of telecommunications gateways and hubs, such as the Internet. In addition, the organization cannot take the chance of allowing the hacker to have continued access to its system, potentially causing additional harm.

Telephone taps require the equivalent of a search warrant. Moreover, the victim will be required to file a criminal report with law enforcement and must show probable cause. If sufficient probable cause is shown, a warrant will be issued and all incoming calls can be traced. Once a trace is made, a pen register is normally placed on the suspect’s phone to log all calls placed by the suspect. These entries can be tied to the system intrusions based on the time of the call and the time that the system was accessed.

Investigative and Forensic Tools

Exhibit 2, although not exhaustive, identifies some of the investigative and forensic tools that are commercially available. Exhibit 2 identifies the hardware and software tools that should be part of the investigators toolkit, and Exhibit 3 identifies forensic software and utilities.