Read Alexey Ivanov and Vasiliy Gorshkov: Russian Hacker Roulette and discuss the following questions:
- What process should the government have to obtain access to this kind of data?
- Should the government be required to obtain a search warrant, and should the defendant be given legal protections?
- In your opinion, is U.S. law enforcement effective in apprehending cyber criminals?
After doing the above questions come up with two responses to the post below using the guidelines below!!!
In response to your peers’ posts, state whether you agree or disagree with their answer and explain why. Cite examples from this article.
Peer post 1
The process of the government to obtain access to this kind of data should be treated like any other criminal investigation. Warrant, reasonable suspicion and probable cause should all come into play when dealing with online criminal activities. The government should have to the right to prosecute these individual, much like how the two Russian hackers were lured into the United States. Should the government be required to obtain a search warrant? I believe a search warrant works like a safety net, it protects both the government agency and the person being search, on the flip side obtain a search warrant for criminal who are not citizen or even reside in the country is where this process become not so cut and dry. Sometimes the simple action of having that probable cause may be sufficient evidence to bring these criminals to justice, as the investigation transpired proper search warrant can be issue to make it a fair case. Lastly I believe cyber crimes are fairly new crimes, meaning there are not many laws that protect individuals from committing these crimes. Including the fact cyber crimes can be committed anywhere. Jurisdiction is something we will need to improve on and working with other countries to help enforce these crimes. I do believe the United States is doing everything possible from stopping these crimes and its apparent by just reading the article and seeing how the FBI uses its tactics to bring these individuals to justice.
Peer post 2
To obtain this kind of data the government should make sure that all the proper paperwork and warrants are in place. However, when considering cases outside of their jurisdiction in countries like Russia there should be a sufficient plan put in place to ensure that all warrants are received in a timely manner. The government should be required to obtain a search warrant. There should be a special place for cases involving someone outside of the United States. If the crime occured inside the United States then yes they should be given protection to a certain extent. However, if they are outside of the United States certain protection should be put in place to ensure the person is being treated fairly. I feel that in this case yes U.S. Law enforcement was effective in apprehending the criminal they took what they had against the person and formulated what they thought was the best plan of action to ensure justice was served.