Policy Text
Policy
612Fremont Police Department
High Tech/Computer Crimes
612.1 PURPOSE AND SCOPE
To investigate crimes related to computers and high technology and to define high tech/computer
related crimes, to establish responsibilities of F.P.D. personnel at all levels, and to insure the
appropriate response to computer related crimes within our community.
612.1.1 TYPES OF HIGH TECH/COMPUTER-RELATED CRIMES
The following are types of computer crimes investigated by this department:
(a)Theft of computer related products - Any theft, embezzlement, burglary, or robbery
where the primary property taken is related to computers, internal component parts,
or peripherals.
(b)Theft of "Trade Secrets" - 499c P.C., The theft or unauthorized copying of the entire,
or any portion of, technical or scientific information which has been protected as a
"secret". As defined in the Penal Code, the information must be an advantage to a
competitor and not generally known.
(c)Computer crimes, "Hacking" - 502 P.C., is any unauthorized access to a computer
system or network, the alteration of files or data related to the system(s), and/or
the theft of time usage on the computer system. This section includes unauthorized
copying of files and the introduction of programs designed to alter or destroy data,
such as a "Virus" or "Trojan horse," etc.
(d)Traditional crimes - such as narcotics sales/distribution, pimping, fraud, extortions,
and homicides where a computer is used during the commission of the crime. The
methods of use could be in the form of record maintenance, communications between
conspirators, criminal plans or the tool to facilitate the crime. In these cases, the
computer is a valuable resource for evidence.
612.2 COMPUTER CRIME REPORTING AND INVESTIGATION PROCEDURES
(a)Field Personnel Responsibility:
1.Theft of Computer(s) and related products: Take an original report, which
includes:
(a)Detailed list of loss.
(b)Invoices for products stolen (to confirm products existed).
(c)Insurance carrier (including policy number) to coordinate investigation.
(d)Complete list of all employees, including temporary employees.
(e)A Crime Scene Investigator or Lab Specialist should be requested for
evidence processing and photographs.
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(f)The report will be photocopied at the end of shift and the copy placed in
the office or mail box of the investigator assigned to High Tech. This is
for immediate attempts to track stolen products through gray/black market
brokers. (This is pending the implementation of the automated report
system.)
(g)Theft of computer related product reports (as defined) shall be classified
with the appropriate code section, followed by the words "High Tech," e.g.,
"Burglary/High Tech".
(h)Forward the case to the High Tech investigator for follow-up.
2.Theft of "Trade Secrets" - Normally, these will be referred directly to the
investigator assigned to High Tech.
3.Computer Crimes or "Hacking."
(a)Field personnel will take the original report and forward to the High Tech
investigator for follow-up.
(b)All supporting printouts indicating the access date(s) and time(s), files or
data altered and/or destroyed, and a list of all persons having access to
the system should be attached to the original report.
(c)If applicable, a copy of the "virus" or altering/deleting/damaging program
will be copied onto a floppy disk and clearly labeled as such, for evidence
purposes.
(d)The copy will be made from the victim's computer system and shall not be
used on a department computer, except by the High Tech investigator for
purposes of investigation.
(e)Patrol personnel shall forward the case to the High Tech investigator for
additional investigation.
4.Traditional Crimes
(a)The original officer or investigator will maintain control and investigative
responsibility of these cases. The High Tech investigator is available to
assist officers by gathering evidence from a computer.
(b)The originating officer should make the determination if a computer should
be seized for evidence purposes. The High Tech investigator should be
consulted on the seizure of a computer and will be responsible for the
search.
(c)A computer may only be seized and searched pursuant to a search warrant
or consent. Consent is accepted for the seizure but a search warrant is
preferred for the actual search of the system.
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1.If a search warrant is sought, contact should be made with the High
Tech investigator for assistance or the actual drafting of the warrant.
2.If the seizure is based on consent, it should be in written form and
document the seizure and search authorization of all equipment and
materials seized.
3.The field officer is responsible for securing the system at the scene.
The integrity of the data must be maintained if the data is to be used
for evidence purposes.
4.Photograph the computer room, computer screen (if turned on),
computer, and all the related equipment connections.
5.If the system is to be dismantled and taken to the police department
for processing, label all cables and connections with corresponding
tags, so the system can be re-connected in the same manner.
6.Follow the step by step directions outlined in Training Bulletin
#91-