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Cybercrime, a constantly evolving threat, mirrors the rapid advancements in specific technological areas. As we see developments in areas like AI, machine learning, and network security, cybercrime is expected to surge at a similar pace. Predictably, the number of victims and the financial losses they suffer will also increase. Despite this, investigative strategies employed by many agencies, particularly those of midsized police departments, often remain stagnant and insufficient to address both current and future cybercrime challenges. Examples include a lack of specialized training and staffing, rotating investigative assignments, and recruitment challenges. Fortunately, there is a silver lining: there are some simple and effective strategies that can be enacted to better prepare police agencies to address both current and future cybercrime investigations.
The Growing Threat of Cybercrime
It’s estimated that by 2025, cybercrime will cost the global economy $10.5 trillion in damages (Morgan, 2021). According to the 2022 annual report from the Internet Crime Complaint Center (IC3), losses from cybercrime totaled $6.9 billion in 2021. In 2022, losses totaled $10.3 billion, which represents a 39.5% increase from the year prior (Federal Bureau of Investigation, 2023). Every technological advancement, despite its substantial advantages, simultaneously unveils new weak points. With the progression of technology, the methods used by these criminals become more intricate and covert, making it harder to identify and prevent their attacks. The range of cyber threats, from phishing schemes to extensive data breaches, grows as technology becomes more integrated into everyday life. This pattern validates that combating cybercrime will continue to become more complex in the future, requiring more sophisticated and flexible approaches to cybersecurity.
Just think about the recent advances in AI deepfake technology. This technology poses a substantial cybercrime concern both presently and in the future. For example, in early 2020, a branch manager of a Japanese firm in Hong Kong got a call from someone he believed was the director of the parent company, instructing him about an upcoming acquisition and the need to transfer $35 million. He also received corresponding emails from the supposed director and a lawyer from their law firm. Trusting the legitimacy of the request, the manager initiated the transfers. An investigation later revealed a cybercriminal used deepfake technology to clone the director’s voice (Brewster, 2023). While that’s a large-scale example, these types of crimes are becoming commonplace in our society on all levels.
Current Deployments
While some larger agencies have dedicated high-tech/ cybercrime units, smaller agencies have kept their investigative staffing models relatively unchanged. The standard investigative unit consists of several traditional positions including crimes against property, crimes against persons, sexual assault, child abuse, juvenile crimes, and gang crimes. These positions often have a limited term, such as 3 to 5 years, which varies from agency to agency.
This is not to say agencies haven’t adapted over the years, because they have. In the last few years, several agencies have added homeless liaison officers to address crimes within the unhoused community. They have also created mental health teams to better address situations for people in crisis. Cybercrime investigations, though, often don’t make the cut when it comes to the competitive world of new positions in a police agency.
So how do these agencies investigate cybercrimes? Agencies may have a “resident expert,” who is typically the most tech-savvy or has attended specialized cybercrime training in the department. Another common approach is to assign the case to a current detective who may or may not have the training necessary to effectively investigate the case. It’s certainly not the most efficient method but for many agencies, it’s a reality.
Some agencies employ a regional approach, such as task forces, to handle the more complicated and high-profile cases. Officers from various federal, state, and local agencies receive specialized training and are assigned to the task force on a rotating basis. An example is the Regional Enforcement Allied Computer Team (REACT) in Santa Clara County, which is assigned to investigate high-level cybercrimes in Silicon Valley. For example, earlier this year, their efforts led to a landmark seizure in a romance scam, marking a notable success in combating the increase in “pig butchering” cases, where victims are lured into investing substantial amounts in fraudulent cryptocurrency exchanges. This case, led by Detective Rick Jenkins of the Gilroy Police Department, represents the first time in the county that funds lost to a romance scam have been recovered (Farivar, 2022)
What’s the Problem?
While most crime types evolve to some degree, cybercrime investigations are in a league of their own. The acceleration of technological advancements in today’s world poses unique challenges for cybercrimes, distinguishing it from other investigative disciplines. As Moore’s Law states, technology doubles every two years, with things becoming faster and smaller. Moore’s Law is not a law of nature, but an observation of a long-term trend in how technology is changing (Roser, 2022). The rapidly changing nature of technology implies that what is relevant today might soon become obsolete, making continuous adaptation essential for the police to respond to this growing threat.
The current models do not work for several reasons. Without a dedicated cyber investigator, most agencies are left with a patchwork approach. Some cases will be investigated to their full extent; other cases will be minimally worked or pushed aside due to their complexity. Unlike conventional crimes, it can be easier to dismiss cybercrimes due to their anonymous and far-reaching nature, which can make prosecuting these cases difficult. While this may have been a past practice, the public deserves better.
In a perfect world, adding a cybercrime detective, or even more, would be ideal. Realistically with staffing issues and budget constraints, it may not be possible at the current time. But what about rethinking the traditional staffing models to adapt to the future? For instance, an agency could consider a simple re-designation of a property detective to a cybercrime detective. Property crimes that do not have a cyber element could be assigned back to patrol, or even assigned to cadets, community service officers, or other civilian staff. A dedicated cybercrime investigator would take the lead as the agency’s resident expert on several levels.
There are several benefits to having a dedicated cybercrime investigator. Not only do cybercrimes have a definitive home, but they also have a well-trained investigator who can effectively navigate the investigation. Instead of having multiple people in a department who have limited experience, designated cybercrime investigators can constantly build their expertise and abilities. Training can be more targeted, and the acquisition of essential equipment and software can be carried out in a more deliberate and structured manner. A dedicated cybercrime investigator can network not only with other agencies to pool equipment and resources, they can develop private-sector partnerships to further enhance the ability to fight digital crimes.
Long-Term Assignments for Long-Term Success
While dedicated cybercrime investigators provide a roadmap to success, mandatory rotations from the assignment pose significant challenges. Now, there are obvious organizational benefits to rotating investigative assignments. Rotations provide officers and supervisors who rotate into investigative positions the opportunity to gain valuable investigative experience and bring that expertise to their next assignment. It can help with both professional development and succession planning within a department.
In cybercrime investigations, however, shorter-term rotations limit an agency’s effectiveness. New technologies and methods in cybercrime evolve swiftly and staying up-to-date with these changes requires continuous learning. If investigators are frequently rotated, the agency will struggle to maintain investigators who are experienced in the latest cybercrime trends and technologies. This creates a gap in the agency’s capability to effectively tackle complex cybercrime investigations. Constantly rotating staff also requires repeated cycles of training new personnel, which can be a drain on time, resources, and budgets.
Given these challenges, law enforcement agencies should weigh the benefits of assigning permanent or long-term roles to cybercrime investigators. This approach acknowledges that training a cybercrime detective is a substantial investment. By maintaining long-term assignments, agencies can ensure that their investment yields maximum returns and more importantly, better serves the community. As we delve deeper, we’ll explore integrating civilian cybercrime investigators into the law enforcement framework and how this can help transform the fight against cybercrime.
Civilian Cybercrime Investigators
Civilian criminal investigators are not a new idea. In 2009, George Gascon, current LA County DA and former police chief, started a civilian investigator pilot program in the city of Mesa, Arizona. The purpose of the program was to supplement and support investigative functions and to make sure criminal investigations are addressed in a timely manner. A year later, Gascon transitioned to become Chief of the San Francisco Police Department, where he implemented the same pilot program. The program consisted of 15 civilian investigator positions and a budget of just under a million dollars (Associated Press, 2011). The program initially faced skepticism from the police union, which perceived it as a cost-cutting progressive initiative, but it eventually demonstrated its effectiveness and value.
In the last few years, the hiring crisis has given civilian investigation programs a new life and more support from the police unions. In April 2022, the Baltimore Police Department announced its intent to hire 35 civilian investigators in 2023 to build additional staff capacity and maximize the effectiveness of limited sworn personnel. In a statement, Baltimore Mayor Brandon Scott stated, “Civilianization will allow us to modernize our approach to law enforcement and optimize how we deploy our sworn police officers to serve our communities’ needs better” (Lewis, 2022). This strategy, particularly when applied to the context of cybercrime, offers a potential blueprint for law enforcement agencies to adapt and evolve. Surprisingly, it appears that many agencies have not yet taken advantage of this approach, even as they struggle to fill vacant positions in their organizations.
Hiring civilian cybercrime investigators has the potential to attract more candidates, especially those with a technological background and an interest in law enforcement, to a workforce currently facing recruitment challenges. Adding to the challenges are not only retirements but also resignations. A recent study by the Police Executive Research Forum (PERF) found that police resignations rose by 42.7% from 2019 to 2021, with retirements also increasing by 23.6% in that period (“Workforce March 2022”). Outside-the-box thinking, such as offering flexible work schedules and the choice of remote or hybrid work arrangements, can help with recruitment. Considering their civilian role, they wouldn’t be required to attend a police academy. Instead, their education could be tailored specifically to their job function. It taps into a pool of candidates who might not be willing to chase someone down a dark alley, but they would have the knowledge and skills to track someone down on the dark web. Incorporating civilian cybercrime investigators represents a forward-thinking solution, addressing staffing challenges and bringing specialized skills to modern law enforcement. No one yet has put this concept into reality, but with the increasing frequency of cybercrime and the ineffectiveness of our current models of investigation, the time is right to pilot such an effort. Beyond this step, there are opportunities to work to prevent the crime before it occurs.
Prevention is the Key
While dedicating a cybercrime investigator is an absolute step in the right direction, prevention plays the most important role in effectively addressing cybercrime. For instance, research from 2020 indicated that 96% of cybersecurity infringements occurred because of human mistakes, such as falling victim to phishing scams (Duquette and Kamkar, 2021). According to a study by IBM, human error is the main cause of 95% of cybersecurity breaches. In other words, if human error was somehow eliminated, 19 out of 20 cyber breaches may not have taken place at all (Ahola, 2023). Beyond just reactive measures, police agencies need to proactively educate the public about cyber threats and trends. Community outreach programs, workshops, and webinars can help raise awareness and reduce instances of victimization. A well-informed public is less likely to fall prey to cyber threats.
A cybercrime detective would play an instrumental role in a public awareness campaign. Their firsthand experiences and insights into the latest cyber threats make them a credible and informed voice. They can accurately share the risks, provide real-life examples, and offer practical steps that individuals and businesses can take to protect themselves. Stop it before it starts, it’s a simple concept.
Conclusion
Knowing what cybercriminals are capable of doing now, and how fast technologies multiply, it’s hard to imagine what it will be like in 2030. It may seem to be a futuristic thought but, in reality, it’s only six years away. Cybercrime presents a difficult challenge that requires a forward-thinking approach from law enforcement agencies, especially midsized ones. Agencies that don’t have a dedicated cybercrime investigator or unit should strongly consider updating their investigative strategies to incorporate a digital mindset. The traditional models of investigation, while effective in the past, now fall short in the face of advancing digital crimes. The solution lies in specialized training, dedicated cybercrime investigators, and a shift in investigative strategies. Embracing long-term assignments for cybercrime detectives, considering civilian cybercrime investigators, and prioritizing prevention and public education are essential steps toward building a solid defense against cyber threats. By adapting to these new realities, law enforcement agencies can keep pace with technological advancements and contribute to a safer, more secure online community.
Captain Jason Smith is with the Gilroy (CA) Police Department and a student in the prestigious CA POST Command College, a 14-month program, with an emphasis on future-oriented policing.
Bibliography
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Better Utilize Police Resources.” Mayor Brandon M. Scott, 18 Apr. 2022 https://mayor.baltimorecity.gov/news/press-releases/2022-04-17-mayor-scott-adds-new-civilian-positions-bpd-build-staffing-capacity
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