FBI Cyber-Crime Work: Balancing Child-Porn and National Security

September 01, 2011

With the recent court convictions of a U.S. airman, Boy Scout camp director and Kansas man for child pornography, the FBI can proudly claim many successes in its efforts to stop online crimes involving the sexual exploitation of children. However, the agency has another daunting job: to fight illegal computer activity that threatens national security. A recent audit found that less than one-fifth of the FBI's cyber agents worked on "national security intrusion investigations" in 2009.

Since the creation of its cyber-crimes divisions, the FBI has tackled such high-tech crimes as terrorism and fraud; nevertheless, the U.S. Department of Justice audit published in April 2011 concluded that the FBI, more specifically its Cyber Crime Unit, consisting of the National Cyber Investigative Joint Task Force, known as NCIJTF, and its cyber investigative squads, are inadequately prepared to investigate and combat national-security threats posed by cyber intrusions.

In the 77-page audit, the DOJ noted that cyber intrusions, including those by viruses and hacking, rose 40 percent from 2007 to 2008. While there are a number of federal agencies obligated to protect the nation and its citizens against cyber intrusions generally, the FBI has the primary responsibility to counter national security-related incidences of cyber intrusion. The audit involved field work from the FBI headquarters, the NCIJTC and 10 of the FBI's 56 cyber investigation squads. The education, training and experience data collected led the DOJ to make some startling findings.

While the DOJ auditors found that the FBI had accomplished many of its goals regarding operational plans and threat-focus cells, other shortcomings in communication of crucial information; procedures; and appropriate training of agents regarding networking, forensics, analytics and counterintelligence led auditors to conclude that the FBI needs to improve its cyber-attack readiness.

Some of the issues were related to regional and work load assignments. For example, many newer hires, assigned to small division offices, lack mentoring opportunities. And less than 20 percent of agents in 2009 were assigned to cyber intrusions, while the remainder worked child-pornography or criminal-based intrusion cases.

From Al Capone to the Unabomber, the FBI's mission has been simply defined. Since 1908, the agency has worked to protect American citizens, including children, from the most dangerous threats facing our nation. Since the advent of the modern technological age, the Internet and high technology have complicated law enforcement; however, in order for the FBI to tackle the new age issues of cyber intrusions, its leadership needs to make hard decisions in order to rectify some of its apparent weaknesses in national-security investigations.

Article provided by Rhodes & Meryhew, LLP
Visit us at www.rhodesmeryhew.com