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Proceedings of the 37th Hawaii International Conference on System Sciences - 2004

Dissecting Computer Fraud: From Definitional Issues to a Taxonomy


Lucian Vasiu
Deakin University

Ioana Vasiu
Babeş-Bolyai University

Abstract Further, as [43] observes, the ability to manipulate


computer data to derive benefit from its
Computer frauds, while less dramatic than crimes of misrepresentation increases significantly the fraud
violence, can inflict significant damage at community, opportunities.
organizational or individual level. In order to properly In order to properly quantify and mitigate the risk,
quantify and mitigate the risk, computer frauds needs to computer fraud needs to be well understood. Yet, there is
be well understood. some confusion as what is computer fraud. All computer
In this paper, in a conceptual-analytical research attacks are fraud? Is computer fraud just one aspect of
approach, we propose a dissection of computer fraud. computer attacks? All frauds that involve computers
First, we look into the elements of an offense, the act of should be considered computer frauds? Computer
fraud in general, than explain what is and what is not trespassing is computer fraud?
computer fraud. Next, from a prevention perspective, we One important obstacle in understanding and
propose a taxonomy of computer fraud with respect to researching computer fraud is that relatively few studies
perpetration platform, and to perpetration method. that focus on this subject have ever been done. In this
We believe that our contributions extend the existing paper, in a conceptual-analytical research approach, we
knowledge of the phenomenon, and can assist those seek to improve this situation, and propose a dissection of
fighting computer fraud to better understand it and to computer fraud.
design means of preventing and reporting it. Our first aim is to explain what is computer fraud. To
this end, we first look at the elements of an offense and
the act of fraud in general. Second, we explain what
computer fraud is not. We use the U.S. Computer Fraud
1. Introduction and Abuse Act criminalization of computer fraud (18
U.S.C. § 1030 (a)(4)) as the guiding definition of
People may not be any greedier than in generations computer fraud and analyze its elements. The second and
past, however, the avenues to express greed had grown main aim of this paper is to devise a taxonomy of
enormously [21]. The fundamental principle of computer fraud with respect to perpetration platform, and
criminology is that crime follows opportunity, and to perpetration method.
opportunities abound in today’s computer-reliant world. This paper is organized as follows. In the next section,
Criminal opportunities, as [42] explains, are we explain the rationales for this paper. Next, we present
arrangements or situations that individuals encounter and our theoretical background. In Section 4, we look into the
that offer attractive potential for criminal reward, largely elements of an offense and the act of fraud in general, and
because they are accompanied by a very low perceived then we analyze the legal elements of computer fraud, as
risk of detection or policing. defined by 18 U.S.C. § 1030 (a)(4), and introduce other
Computers have created many opportunities for definitions of computer fraud. In Section 5, we present
fraudsters, and enabled them to mugging by remote our taxonomy of computer fraud with respect to
control (Blumenthal in [31]). [30] argues that computers perpetration platform, and to perpetration method. The
have increased the fraud problem in that several users, paper concludes with conclusions and future research.
from remote locations, can access them, therefore they Case examples are interspersed throughout the paper
cannot be viewed as a passive object in the same sense to illustrate important points (for consistency, most of the
that a safe or a pencil is passive. cases selected have been prosecuted under the computer
crime statute, 18 U.S.C. §1030).

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Proceedings of the 37th Hawaii International Conference on System Sciences - 2004

2. Rationales [36] proposes classes of computer misuse—the SRI


Computer Abuse Methods Model. [35] revises the work
The rationales for this paper are as follows: presented in [36], while [28] extends [36]’s classification
‰ Computer frauds are highly destructive to of intrusions with respect to technique and to result.
free-market capitalism [3] develops a four-cell matrix that covers the types of
and, more broadly, to the underpinnings of perpetrators, based on whether they are authorized or not
society [21]. Computer frauds can cause to use the computer and the programs or computer data.
instability and uncertainty in a system, and [26] discusses the nature of the computer fraud
can impose a very significant cost on society problem in the typical computer environment, the
[12]. Therefore, computer fraud must be perpetration of computer frauds, and prevention controls
well understood by those charged with and safeguards. [45] looks into the detection and
combating it; prevention of computer fraud. A taxonomy of computer
‰ Without a clear definition of computer fraud is proposed by [7], however, the taxonomy has no
fraud, it will not be possible to share explanation as why was selected, and how it can be used.
information that has the same meaning to While all these are very valuable contributions, we
everyone, will not be possible to agree on lack a useful taxonomy of computer fraud that can be
how to measure the problem, and what used in the prevention function. As we stated in the
resources need to be allocated to mitigate Introduction, our main aim is to devise a taxonomy of
the risk; and computer fraud with respect to perpetration platform, and
‰ A taxonomy can provide a better to perpetration method. The first step in the development
understanding of the nature of computer of a taxonomy of computer fraud is to look at the ways it
fraud, can be very useful in designing means is defined.
of prevention, and can be a useful tool for
education, effective measurement, and 4. Definitional issues
reporting.
4.1. Preliminary remarks
3. Theoretical background
In order to understand computer fraud, it is useful to
As [1] argues, a thorough understanding of fraud can first look into the elements of an offense and the act of
only be achieved through a comprehensive study fraud in general. Next, we look into what is not and what
performed by an interdisciplinary team of researchers. For is computer fraud.
this paper’s main purpose—devising a taxonomy of As [18] explains, a crime consists, in most cases, of
computer fraud—, as computer fraud is one of the conduct for which the defendant is responsible, specified
computer attacks, the theoretical background draws by the definition of that crime. This conduct has mental
mainly from the computer security/attacks area. and physical components (except in certain cases, when
[38] presents a model of computer attackers based on the defendant is incriminated by virtue of a relationship
several factors: skills, knowledge, resources, authority, with, or other implication in, a static situation) [18].
and motives. [41] devises a framework for understanding This conception of a crime is reflected in the common
and predicting insider attacks. description of it as comprising an actus reus (an activity)
[23] presents a taxonomy with respect to types of and a mens rea (a state of mind). These terms are drawn
attackers, tools used, access information, results of the from the Latin maxim actus non-facit reum nisi mens rea
break-in, and objectives of the attack. [29] devises a (a person does not incur liability for a crime by virtue of
taxonomy of attacks by genesis (how), time of an act, unless they have as well a guilty mind) [18].
introduction (when), and location (where), while [39] Lawyers still use the terms actus reus and mens rea
presents an attack matrix. widely because they are convenient, in that they facilitate
A taxonomy of security threats to networks is provided the analysis and statement of the elements of criminal
in [24]. [33] presents a taxonomy of computer attacks liability.
with applications to wireless networks. A taxonomy of Fraud, like other familiar concepts, is one that seems
web attacks (i.e. attacks exclusively using the to have a perfectly obvious meaning until we try to define
HTTP/HTTPS protocol), is proposed in [2]. it (Green in [40]). Fraud is a deep legal concept, and few
[25] introduces a taxonomy with respect to types of really understand fraud or use a common definition [15].
computer vulnerability. [28] presents a classification of The difficulty of giving an adequate definition of fraud
software vulnerabilities, while [34] discusses seven has been felt at all times [46:I.28]. There has always been
classes of integrity flaws. a great reluctance amongst lawyers to attempt to define

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Proceedings of the 37th Hawaii International Conference on System Sciences - 2004

fraud, and this is only natural when we consider the ‰ Causing damage to a protected computer—
number of different kinds of conduct to which this word One such case is U.S. v. Brown [48]: the
is applied [46]. defendant knowingly caused the
The term "fraud" is defined in [17:124] as transmission of a program, information,
An act using deceit such as intentional distortion code or command, and as a result of such
of the truth of misrepresentation or concealment conduct, intentionally caused damage,
of a material fact to gain an unfair advantage without authorization, to a protected
over another in order to secure something of computer; or
value or deprive another of a right. Fraud is ‰ Trafficking passwords—One such case is
grounds for setting aside a transaction at the U.S. v. Patterson [48]: the defendant was
option of the party prejudiced by it or for charged with trafficking in passwords and
recovery of damages. similar information that would have
[8] argues that someone commits fraud if the following permitted others to gain unauthorized
four elements are proved beyond a reasonable doubt: access to an organization’s computer
‰ Actus reus: The perpetrator communicates network, when he posted and maintained at
false statements to the victim; a Yahoo hacker group posting board the
‰ Mens rea: The perpetrator communicates username and password combinations of
what she knows are false statements with the certain legitimate users together with
purpose of defrauding the victim; instructions on how to hack into the network
‰ Attendant circumstances: The perpetrator's of the organization using those passwords.
statements are false; and While these offenses can be perpetrated in connection
‰ Harm: The victim is defrauded out of with computer fraud, they should be regarded as distinct.
property or something of value. In the next section, we explain what is computer fraud.
Fraud is always intentional, intentional by appearance,
or intentional by inference from the act. Intent should not 4.2. What is computer fraud?
be confused with motive, which is what prompts a person
to act. Intent refers only to the state of mind with which For this paper purpose, we chose the U.S. Computer
the act is done. However, there is no scientific Fraud and Abuse Act criminalization of computer fraud
measurement or yardstick for gauging a person's intent. (18 U.S.C. § 1030 (a)(4)) as the guiding definition:
An inference has to be drawn from all available evidence Knowingly and with intent to defraud, accesses a
as to what was in the defendant’s mind at the material protected computer without, or exceeds
time (Justice Ackner in [19]). authorized access, and by means of such conduct
The element of the intent to defraud connotes the furthers the intended fraud and obtains anything
intention to produce a consequence that is in some sense of value, unless the object of the fraud and the
detrimental to a lawful right, interest, opportunity, or thing obtained consists only of the use of the
advantage of the person to be defrauded, and is an computer and the value of such use is not more
intention distinct from and additional to the intention to than $5,000 in any 1-year period.
use the forbidden means (King CJ in [50]). If there is no According to this definition, the legal elements of
evidence that the victim has been defrauded (i.e. deprived computer fraud consist of:
of something of value), than we cannot talk of computer ‰ Knowingly and with intent to defraud;
fraud. ‰ Accessing a protected computer without
authorization, or exceeding authorization;
4.2. What is not computer fraud? ‰ Thereby furthers a fraud and obtains
anything of value (other than minimal
Computer fraud is sometimes confused with other computer time).
offenses: Regarding the first element, the phrase means that the
‰ Intentionally accessing a computer without offender is conscious of the natural consequences of his
authorization or exceeding authorized action (i.e. that someone will be defrauded), and intends
access, and thereby obtaining protected that [14]. The second and third elements should be
information—One such case is U.S. v. discussed together, as they show that more than mere
Czubinski (106 F.3d 1069 (1st Cir. 1997)): unauthorized access is required to quality the offense as
the court found that Czubinski has not computer fraud—the ‘thing obtained’ is not merely the
obtained valuable information in furtherance unauthorized use. Some additional end, to which the
of a fraudulent scheme; unauthorized access is a means, is required [14]. Merely

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Proceedings of the 37th Hawaii International Conference on System Sciences - 2004

viewing information cannot be deemed the same as 5. Taxonomy


obtaining something of value for the purpose of this
statute (as in U.S. v. Czubinsky). 5.1. Taxonomic considerations
According to [14], the phrase ‘thereby furthers a fraud’
insures that prosecutions are limited to cases where use of
The drive to categorize and organize knowledge has
a computer is central to a criminal scheme, rather than
been ubiquitous throughout human intellectual
those where a computer is used simply as a record-
development. An early step toward understanding any set
keeping convenience. The broad language of this
of a phenomenon is to learn what kinds of things there are
definition may be confusing for non-lawyers, in that it
in the set—to develop a taxonomy. The main properties a
defines computer fraud in terms of fraud. In a legal sense
taxonomy must have are outlined in [23, 28, 33].
the definition is not circular, however, we considered
[29] argues that a taxonomy embodies a theory of the
useful to look into two state definitions of computer fraud
universe from which those specimens are drawn. A
that are more specific:
taxonomy is an approximation of the phenomenon, and
‰ Virginia (§ 18.2-152.3.1.) (…) 1. Obtain
may fall short in some respects. This may be particularly
property or services by false pretences; 2.
the case of a computer fraud taxonomy, considering that
Embezzle or commit larceny; or 3. Convert
there is a consistent lack of comprehensive data, and that
the property of another; and
any taxonomy in the area of computer fraud is likely to
‰ Hawaii (Rev. Stat. 708-891): (a) (…)
require periodic expansion or refinement, as technology
Devising or executing any scheme or artifice
and perpetrators’ methods evolve.
to defraud; or (b) (…) Obtaining money,
For our taxonomy, we have selected categories that we
property, or services by means of
believe are useful from a prevention perspective. We have
embezzlement or false or fraudulent
tried and avoided excessive subclassification, and
representations; or (c) (…) Obtaining credit
subdivided into subclasses only where we considered that
information on another person; or (d) (…)
helpful for the prevention function. In terms of
Introducing or causing to be introduced false
terminology, we are drawing primarily on [22]. In the
information to damage or enhance the credit
following sections, we introduce our taxonomy of
rating of any person.
computer fraud with respect to perpetration platform, and
to perpetration method.

5.2. Methodology

To devise our taxonomy, we used a 5-phase


methodology. First, we developed a comprehensive
understanding of the phenomenon through an extensive
survey of literature that relates to computer fraud (journal
Figure 1. The legal elements of computer and newspaper articles, speeches and books), and by
fraud analyzing the publicized cases of computer fraud (some
of them included in this paper), and fraud scenarios (e.g.
Another definition that we consider useful, for this [9]). Second, we reduced the phenomenon to its essential
paper’s purpose, is that of [11], in that it gives us insight elements (bracketing). For our taxonomy, we considered
into the criminal conduct: only computer fraud that is perpetrated by an action (it
The causing of a loss of property to another by: can be argued that computer fraud can also be perpetrated
a. Any input, alteration, deletion or suppression by willful inaction—e.g. not recording sales returns).
of computer data, Third, we devised the first-cut taxonomy. Fourth, we used
b. Any interference with the functioning of a logical verification to test it. This was concerned (inter
computer system, alia) with mutual exclusiveness—inclusion of any
with fraudulent or dishonest intent of procuring, element in one category only, consistency—there are no
without right, an economic benefit for oneself or internal conflicts between individual elements in the
for another. taxonomy, completeness—the taxonomy encompasses all
In the next section, we make some considerations on relevant aspects of the phenomenon considered, and
the importance of a taxonomy, explain how we devised coherence—established theories are in agreement with
our taxonomy, and present our taxonomy of computer our taxonomy. Fifth, we refined the taxonomy to its
fraud with respect to perpetration platform, and to present form.
perpetration method.

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Proceedings of the 37th Hawaii International Conference on System Sciences - 2004

5.3. Perpetration platform perspective, to further subdivide Masquerade into


Impersonation (e.g. use of another person’s password or
When discussing offenders, one important distinction authentication ticket reuse) and Spoofing attacks. We also
should be made between insiders and outsiders. subdivide the Impersonation class into Password attacks,
Computer fraudsters are often insiders—they are much and Password trafficking.
more likely to evade detection when they commit frauds A financial consultant defrauded the Commonwealth
because they understand the system, its weaknesses, and by transferring $8,735,692 electronically to private
are more likely to cover their tracks. However, for the companies in which he held an interest. He did this
computer frauds to succeed, in some cases, the by logging on to the Department’s network using
perpetrators do not have to be insiders—they only need to another person’s name and password. To obscure
impersonate an authorized user (opportunity created), or the audit trail, he used other employee’s logon codes
to exploit a vulnerability (that is, a weakness in a system and passwords [20].
allowing unauthorized action—opportunity exploited). Since different countermeasures apply to the
techniques in the Password attacks subclass, we further
subdivided it into Guess, Crack and Harvest. If a
password was guessed, it may suggest a weak password
approach. If a password was cracked, it may suggest
access to the password file (e.g. from a backup tape). If a
password was harvested (e.g. through visual spying,
social engineering, sniffing or key logging attacks), it
Figure 2. The world of computer may suggest low awareness in the password protection
fraudsters area.
In January 2003, a former employee of a company
In a collusion case named the Volkswagen Currency used the username and password he held while
Exchange, four employees and one outsider used a employed at the company to remotely log into the
computer to create phony currency exchange company's network, then changed customers’ credit
transactions and then cover them with real ones. card details, and proceeded to make refunds to his
They stole the differences that resulted from the rate credit card through the altered accounts. The
changes. The act involved tampering with programs perpetrator modified various pricing and availability
and the erasure of tapes [35]. of the products provided, reducing the price of some
As discussed in section 3, one legal element of to $0.00 [4].
computer fraud consists in accessing a protected computer The above case leads us into another avenue for
without authorization (that is, not approved by the system accessing a computer without authorization—
owner or administrator), or exceeding authorization (that Vulnerability exploitation. One of the difficulties in
is, a legitimate user that exceeds the authorized access)— subdividing this class consists in the fact that such attacks
this is what we call the perpetration platform. can be complex and involve the exploitation of a
One case of exceeding authorization is U.S. v. combination of vulnerabilities. For this paper’s purpose,
Osowski. Accountants Geoffrey Osowski and Wilson and to observe the mutually exclusive property, we would
Tang pled guilty to exceeding their authorized access consider the vulnerability that is most directly linked to
to the computer systems of Cisco Systems in order to the subsequent perpetration of a fraud.
illegally issue almost $8 million in Cisco stock to We further divided the Vulnerability exploitation class
themselves [48]. into Software (e.g. bugs or back doors), Personnel (other
The Without authorization (WOA) class is very than those leading to successful password attacks—e.g.
interesting from a categorization perspective. In devising error of omission, incompetence, recklessness or malice;
the taxonomy with respect to accessing a protected we include here system administration errors, as in the
computer without authorization, we draw, to a certain above case: user account active after employment
extent, from [35], and extend [28] with respect to termination), Communications, and Physical (e.g. failure
password attacks. of an electronic access control system—this can lead to
We subdivided the Without authorization into interference with the functioning of a computer system—
Masquerade and Vulnerability exploitation. Masquerade see Council of Europe’s definition). Table 1 presents our
is the unauthorized impersonation of an authorized user or taxonomy of computer fraud with respect to perpetration
of an entity. As is not limited to users—there may be platform.
attacks that attempt to impersonate authorized systems
and services—, we considered useful, from a prevention

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Proceedings of the 37th Hawaii International Conference on System Sciences - 2004

Table 1. Taxonomy of computer fraud – were entered into the books and records of Allfirst
perpetration platform Bank. Defendant’s manipulation of the Bank's
computerized system for tracking trading activities
Guess allowed him to earn performance bonuses of over
Password $650,000 in addition to his salary when, in reality, his
Crack trades resulted in millions of dollars in losses [49].
Imperso- attacks
Masquerade nation Output fraud is concerned with dishonestly
Harvest
suppressing or amending data being output. It is often
WOA Password linked with input fraud (e.g. suppressing or changing
trafficking balance reports to hide misappropriated funds). The goal
Spoofing attacks with this type of scheme is to conceal bogus inputs or to
Software prevent or postpone detection of such input fraud.
Vulnerability Personnel Because computer output is normally accepted as being
exploitation Communications accurate and genuine, its authenticity is taken for granted.
Physical For devising our taxonomy with respect to perpetration
Exceeding authorization method, we adopt a different approach, and merge the
Input and Output categories into a new one—Data, while
maintaining the Program category. This approach allows
5.4. Perpetration method us to best observe the mutual exclusiveness property.
We subdivide the Data category into Insert, Improper
The perpetration methods are generally described as obtaining or use (e.g. read, copy, print, or disseminate—
Input, Program, and Output [47]. The greatest concern this must be done in close connection with the intent to
present the frauds that involve manipulation of data further a fraud—see the case below), Integrity attacks,
records or computer programs to disguise the true nature and Availability attacks. The Insert class is further
of transactions, cracking into an organization’s computer subdivided into Improper data and Data improperly. As
system to manipulate business information, and the integrity and availability attacks are generally known,
unauthorized transfers of funds electronically [5]. we did not consider necessary to subdivide.
Input fraud (“data diddling” or “number fudging”)
represents the major avenue through which computer In U.S. v. Turner, the defendants, while employed by
frauds take place [47]. In these frauds, the offender Chase Financial Corporation, knowingly and with
dishonestly enters improper data or data improperly, the intent to further a scheme to defraud, accessed
suppresses, appends, or otherwise changes data stored. It one or more Chase Manhattan Bank and Chase
is the most common computer crime [47], and can be Financial Corporation computer systems without
committed by anyone having access to normal authorization or in excess of their authorized access
data/processing functions at the input stage. on said computer systems, thereby obtaining credit
card account numbers and other information, which
A contractor working for a Commonwealth agency they were not authorized to access in connection
was convicted of defrauding the Commonwealth of with their duties at Chase Financial. That
$1.4 millions. The contractor, while performing his information was distributed and transmitted to one
regular duties, was able to access and alter system or more individuals who, in turn, used that
data-to change the status of rebate claims from 'paid' information to fraudulently obtain goods and
to 'unpaid' on the system, and transfer bogus rebate services [49].
payments into his own account. The contractor was
then able to delete the record of the illegal Moving to the Program category, we subdivided it
transaction and return the 'paid' status and dates to into Run, Integrity attacks, and Availability attacks. We
their original state [6]. further subdivided Run into Without authorization, In
excess of authorization, Improper parameters (we include
Program fraud involves either the creation of a program here changing the system date), and Transit attacks [44]
with a view to defraud, or the alteration or amendment of (arguably, this types of attacks, can also be in the Data
a program to such ends. It is difficult to discover and is category). This classification overcomes the inclusion
often not recognized [47]. It requires computer-specific dilemma when the fraud consists, for example, of a
knowledge and access to computer databases and/or combination of input and program attacks—such cases
software. One of the most notorious species of program should be included in the Run/Improper parameters
fraud is the so-called salami fraud. category. Table 2 presents out taxonomy of computer
In an effort to cover up trading losses, the defendant fraud with respect to perpetration method.
engaged in a series of fictitious currency trades that

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Proceedings of the 37th Hawaii International Conference on System Sciences - 2004

Table 2. Taxonomy of computer fraud - used in connection with an encoding scheme to encode
perpetration method the incidents. Fourth, our taxonomy can be used to design
Improper data reporting forms and accompanying databases. Last, the
Insert
Data improperly taxonomy can provoke future research.
Data Improper obtaining or use This research can be continued in the following
Integrity attacks directions:
Availability attacks ‰ A taxonomy with respect to types of
Without authorization computer frauds and consequences for
In excess of authorization organizations;
‰ The use of malware in perpetrating
Improper parameters
Run computer fraud; and
Interruption ‰ Information security strategies for the
attacks
Program Transit Interception prevention of computer fraud.
attacks Modification
Fabrication 7. References
Integrity attacks
Availability attacks [1] Albrecht, W. S., Howe, K. R., Romney, M. B. (1984)
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