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E - C O M M E R C E C Y B E R C R I M E :

A N D

New Strategies for Managing the Risks of Exploitation

F O R E N S I C

A N D

L I T I G A T I O N

S E R V I C E S

“Now that most transactions and exchanges have become electronic, you really don’t need to be an expert to predict that this will become, or already is, a crime generator. What is relatively new is the value of business information. We see a tendency for rising criminal activity in this field. Not only the theft of information, but also the threat of making information public.”1

L O E K W E E R D , P O L I C E I N S P E C TO R A N D C O M P U T E R C R I M E - U N I T E X P E RT, H A AG L A N D E N R E G I O NA L P O L I C E , T H E N E T H E R L A N D S

TABLE OF CONTENTS

2 4 11 15 19 20 21

Introduction The Current Environment: Understanding the New Risks Taking Action to Protect Your Business When the Worst Happens: Avoiding Further Damage Looking Ahead: Emerging Risks in a Changing Business World Conclusion Appendix I: Ensuring Preparedness—An Interview with Jeff Hormann of AARP

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Appendix III: Applying the Law to Cyber Invasions—An Interview with Meredith Fuchs of Wiley, Rein & Fielding

27 28

Appendix IV: Beyond the Internet—Exploiting Digital Telephony Services Endnotes M A N A G I N G

1

N E W

S T R A T E G I E S

Produced as part of a series by KPMG’s Assurance & Advisory Services Center.

F O R

T H E

R I S K S

from Olivia Kirtley

O F

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Appendix II: Questions for the Board of Directors—Recommendations

E X P L O I T A T I O N

I

N T R O D U C T I O N

would be hard-pressed to find a competitive and thriving organisation that does not rely upon communications and other information technologies as an enabler of its activities. No longer incidental to the workings of an organisation, technology is integral to business today. At the same time, however, the very “digital nervous system,”2 as Bill Gates terms it, that enables and improves our lives at work and at home also creates enormous new risks, many of which organisations may not perceive or have not yet considered. The complexity of modern enterprises, their reliance on technology, and the heightened interconnectivity among organisations that is both a result and a driver of e-business— these are rapidly evolving developments that create widespread opportunities for theft, fraud, and other forms of exploitation by offenders both outside and inside an organisation. With the growth of e-business, internal and external perpetrators can exploit traditional vulnerabilities in seconds. They can also take advantage of new weaknesses—in the software and hardware architectures that now form the backbone of most organisations. In a networked environment, such crimes can be committed on a global basis from almost any location in the world,3 and they can significantly affect an C R I M E

A

t the turn of the millennium, one

organisation’s overall well-being. As businesses grow and partner, systems become increasingly sophisticated and less

C Y B E R

dependent on human intervention. Monitoring individual behaviour becomes more difficult (though certainly more important); and vulnerability to electronic crime grows as organisations are increasingly connected to, and reliant on, individuals and systems they do not directly control. Most organisations are alert to the risks posed by electronic viruses such as the May 2000 “I Love You” virus, which spawned a number of derivative viruses and is estimated to have cost businesses and governments upward of $10 billion

2

E - C O M M E R C E

A N D

dollars.4 Many, however, remain unaware of the extent to which they can be harmed by a wide variety of cyber misbehaviour that may originate with their own employees or partners. As organisations develop and refine their e-business strategies, they need to consider the issues that influence the confidentiality, integrity, and...
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