Conferencia "Delitos cibernéticos" impartida por el Policía Federal Ricardo Alexis García López

Intervention of Social Media in Legal Matters

The Role of Facebook in Investigations

• Discussion on the validity of using Facebook profiles as evidence in investigations related to homicides, emphasizing the need for police reports to assess this.

Actions Taken by Authorities

• Overview of actions coordinated for providing electronic books, including monitoring public internet networks and executing judicial mandates.

• Collaboration with international entities and cyber intelligence efforts aimed at preventing cyber-related crimes.

Case Study: Locating Individuals via Social Media

• Example provided where a person evaded child support obligations; authorities successfully located him through his Facebook IP connections.

Digital Transition and Cybersecurity Awareness

• Commentary on generational differences regarding digital literacy, highlighting those born after 1995 as "digital natives" versus older generations referred to as "digital immigrants."

Growth of Internet Users and Associated Risks

Increase in Internet Users

• Statistics indicating a rise from 70 million internet users in 2017 to an expected 85-86 million due to increased access and population growth.

Vulnerability Among Young Users

• Alarm raised about the high percentage (34%) of internet users aged 6 to 18 years, stressing the need for preventive measures against online risks.

Types of Online Crimes Affecting Different Age Groups

• Analysis showing that individuals aged 18 to 44 are primarily victims of financial crimes such as fraud, while younger users face threats like child exploitation online.

Impact of Technology on Daily Life

Changing Social Interactions

• Observations on how technology has altered social gatherings, with guests often prioritizing smartphone use over personal interactions during events.

Dependency on Technology

• Reflection on society's dependency on smartphones for daily tasks, including navigation and communication, leading to a loss of personal freedom.

The Role of Smart Devices

• Mentioned how smart devices have become integral in managing daily routines but also contribute to societal issues like distraction and reduced face-to-face interaction.

Understanding the Impact of Technology on Society

The Role of Technology in Modern Life

• The speaker emphasizes the importance of understanding technology's significance beyond its name, suggesting that meaning is derived from its impact on our lives.

• There is a concern about society becoming enslaved to technology, particularly smartphones, which seem to dictate behavior and interactions. This reflects a broader issue where technology influences governance and public discourse.

Vulnerabilities and Cybersecurity Concerns

• A discussion arises regarding cybersecurity threats, specifically mentioning hacking incidents that target critical infrastructure. The speaker notes that awareness of these vulnerabilities is crucial for prevention.

• The speaker warns against allowing technology to govern our lives, stressing the need for proactive measures to ensure it enhances rather than detracts from human connections. This includes addressing antisocial behaviors linked to technological use.

Social Issues Arising from Technology Use

• There is an urgent call for establishing research centers focused on the social implications of internet usage, highlighting issues such as increased crime rates and early sexualization among youth due to online exposure.

• The speaker points out alarming trends in social media usage among younger generations, noting a decline in platforms like Facebook while others rise in popularity, indicating shifting dynamics in digital engagement.

Understanding Digital Footprints and Social Engineering

• Insights into social engineering reveal how cybercriminals gather personal information through seemingly innocuous questions, emphasizing the need for vigilance regarding data privacy online.

• Engaging with children about their social media habits can help raise awareness about potential dangers they face online; this includes conducting exercises to identify which platforms they use regularly.

Risks Associated with Dating Apps

• The conversation shifts towards dating applications and their associated risks, including potential criminal activities such as kidnapping facilitated by these platforms' functionalities. Specific cases are mentioned where individuals were targeted through apps like Tinder in urban settings like Mexico City.

• It’s highlighted that users must be cautious when using dating apps; understanding how these platforms operate can help mitigate risks associated with meeting strangers online or offline.

Criminal Activities and Cybercrime Legislation

Overview of Criminal Tactics

• Discussion on the use of tranquilizers to incapacitate victims for robbery, highlighting a method where individuals are drugged before their homes are robbed.

• The speaker reflects on the challenges faced in collaborating with state prosecutors and courts when focusing on federal crimes, particularly in 2010.

Focus Areas in Law Enforcement

• Initial focus areas included sacred art theft, archaeological artifacts, and trafficking endangered species, leading to successful recoveries through collaboration with relevant authorities.

• Mention of valuable stolen pieces being sold to private collectors or auctioned online, emphasizing the importance of tracking these items.

Challenges in Cybercrime Investigation

• Acknowledgment of high rates of endangered species sales within Mexico and the legal gaps that hinder effective enforcement against such activities.

• Overview of various cybercrimes including fraud, phishing, child exploitation, and how they intersect with traditional crime categories.

Legal Framework for Cyber Crimes

• Explanation that cybercrimes utilize information technology as a means to commit illicit acts; however, existing laws may not adequately cover all aspects.

• Noting the absence of specific legislation regarding password theft in Mexico's criminal code despite its prevalence.

Legislative Gaps and Recommendations

• Highlighting advancements in states like Chihuahua regarding sexting laws which recognize it as an atypical behavior rather than merely social conduct.

• Emphasis on underreporting of crimes such as fraud and extortion due to lack of awareness or understanding among citizens about what constitutes a crime.

Collaboration Between Disciplines

• Importance of interdisciplinary collaboration between lawyers and technical experts for effective investigation and legislation concerning cybercrimes.

• Discussion around debates between technical experts and legal professionals regarding the existence (or lack thereof) of certain cyber offenses within current law frameworks.

Conclusion: The Need for Comprehensive Legislation

• Recognition that while some behaviors exist legally (e.g., fraud), they often do not have specific classifications under cybercrime statutes leading to confusion among citizens seeking justice.

• Final note on the inadequacy of current legal structures to address emerging forms of cybercrime effectively.

Understanding Cybercrime and Its Challenges

The Role of Public Ministry in Cybercrime Investigations

• Discussion on the slow pace of public ministry investigations, highlighting the need for clear evidence to support cases.

• Emphasis on the importance of training and resources for law enforcement to effectively investigate cybercrimes, particularly through social media platforms.

Legislative Gaps and Specialized Units

• Acknowledgment that current laws are insufficient to address cybercrime, necessitating specialized units within prosecution offices and courts.

• Call for improved capabilities in resolving cases favorably for citizens seeking justice against cybercriminal activities.

E-commerce Fraud Trends

• Examination of how e-commerce has transformed business operations, reducing costs but also increasing opportunities for fraud.

• Identification of common signs of electronic fraud, such as prices significantly below market value, which should raise suspicion among consumers.

Case Studies in Tourist Scams

• Description of scams targeting tourists during peak seasons, where fraudulent listings offer attractive accommodations at low prices.

• Illustration of a specific scam scenario involving fake rental properties leading to financial loss and disrupted vacations for victims.

Jurisdictional Challenges in Cybercrime

• Discussion on jurisdiction issues when dealing with cybercrimes that cross state lines, complicating legal proceedings.

• Highlighting the high incidence of online banking fraud affecting users due to inadequate security measures from banks.

Banking Security Concerns

• Accounts of individuals losing significant amounts from their bank accounts without prior alerts or notifications from their banks.

• Critique of bank accountability regarding internal security breaches that compromise customer funds.

Recommendations for Financial Safety

• Advice on maintaining limited funds in online accounts to mitigate risks associated with potential fraud.

• Suggestion to use traditional banking methods alongside modern online services to enhance financial security against cyber threats.

This structured summary captures key discussions around the complexities and challenges posed by cybercrime as presented in the transcript. Each point is linked directly to its corresponding timestamp for easy reference.

Understanding Online Banking Frauds

The Vulnerability of Online Banking

• Discussion on the absence of a contract and its implications for online banking security, emphasizing that losing a token can lead to significant financial loss.

• Insight into how even with online banking, individuals remain vulnerable to fraud due to potential collusion between bank employees and external criminals.

Identifying Fraudulent Activities

• Explanation of how fraudulent accounts can be identified through URL discrepancies, highlighting the importance of verifying web addresses before engaging in transactions.

• Recommendation to search for travel offers or promotions using Google to check for associated fraud reports, illustrating proactive measures consumers can take.

Social Engineering and Phishing Techniques

• Overview of social engineering tactics such as phishing emails from banks that prompt users to enter sensitive information under false pretenses.

• Warning about providing personal card details in response to unsolicited messages claiming issues with accounts or unexpected deposits.

URL Verification as a Security Measure

• Emphasis on the critical role URLs play in identifying fraudulent sites; legitimate URLs cannot be cloned or replicated accurately.

• Clarification that companies do not have identities but are represented by legal entities; fraudsters impersonate these entities online.

Advanced Fraud Techniques: Pharming and Smishing

• Introduction to pharming, where users are redirected from legitimate websites to fake ones without their knowledge, making it more complex than traditional phishing.

• Distinction between phishing (open fishing for victims) and pharming (targeted attacks), explaining how each method operates differently.

Additional Scams and Preventive Measures

• Mention of smishing (SMS phishing), which uses text messages as a medium for scams similar to email phishing.

• Advice on using applications like "No More Extortions" that alert users about calls linked to reported scams, enhancing personal security against telephonic fraud.

Fraud Cases and Their Implications

Introduction to Fraud Scenarios

• A case is presented involving a Ugandan official fleeing civil war, seeking assistance to transfer large sums of money to Thailand, promising a donation in return.

Victims of Fraud

• Individuals aged 45 and above are particularly vulnerable; women over 60 are highlighted as frequent victims due to emotional manipulation.

• A specific instance involves a son reporting his mother being defrauded by someone claiming to be an American general, leading her to give away significant amounts of money.

Recognizing the Signs of Fraud

• The speaker emphasizes the importance of recognizing fraudulent behavior, noting that evidence suggests the supposed general does not exist.

• The term "business email compromise" is introduced, indicating how fraudsters exploit corporate communications for financial gain.

Case Study: Toy Manufacturers in Mexico

• A detailed example from Mexico illustrates how toy manufacturers were targeted through email scams related to Disney princess merchandise.

• The process involved legitimate communication with suppliers in Taiwan until an imposter intercepted emails and altered payment instructions.

Investigative Techniques and Recommendations

• The investigation revealed that fraudsters had infiltrated company emails, allowing them access to sensitive information about transactions.

• It’s advised that companies verify any changes in payment accounts directly with suppliers rather than relying solely on email communications.

Legal Considerations and Preventive Measures

• Companies should maintain vigilance regarding urgent payment requests and ensure thorough checks on account changes.

• Collaboration with legal experts is recommended for addressing international fraud cases effectively.

Identifying Fraudulent Communications

• Distinguishing between legitimate and fraudulent emails can be challenging; visual cues such as slight differences in formatting may indicate deception.

• An example highlights how fraudulent websites can mimic real entities, posing risks even to established businesses.

Discussion on Cybersecurity and Fraud in Public Institutions

The Role of Social Media in Fraudulent Recruitment

• Discussion about how public servers can be manipulated to create fake recruitment pages, such as a Facebook page for the gendarmerie, misleading individuals into paying for jobs.

• Individuals were told they could join the police force by paying 3000 pesos and receiving uniforms, highlighting vulnerabilities in recruitment processes.

Exploitation of Examination Fees

• Mention of fraudulent practices where individuals are charged 1500 pesos for examination fees at a tribunal, which may not guarantee employment or even an actual exam.

• Emphasis on the widespread nature of these scams, suggesting that no one is immune from falling victim to such schemes.

Hacking and Cyber Intrusions

• Introduction to hacking techniques like defacement, where hackers alter websites (e.g., tribunal sites), showcasing their skills without financial gain but causing service disruptions.

• Explanation that unauthorized access to systems is considered federal crime under Article 211 bis, emphasizing legal implications of cyber intrusions.

The Impact of Denial-of-Service Attacks

• Description of denial-of-service attacks affecting banks, leading to claims that systems have "crashed" when they are actually under attack.

• Illustration using traffic congestion as an analogy for how multiple users attacking a site simultaneously can cause it to become inaccessible.

Understanding Cybercrime Legislation

• Overview of recent fraud cases involving banking transactions and the responsibility taken by institutions like Banco de México after cyber incidents.

• Historical context provided regarding legislation efforts dating back to 1999 aimed at addressing unauthorized modifications and intrusions into computer systems.

Ethical Hacking vs. Malicious Hacking

• Clarification between ethical hackers (who are contracted to test security measures legally) versus malicious hackers (crackers).

• Importance of having contracts with ethical hackers to ensure authorized testing and vulnerability assessments within organizations.

Consequences of Data Breaches

• Discussion on potential consequences if sensitive information from public institutions is compromised due to inadequate cybersecurity measures.

• Highlighting the critical need for secure data storage solutions within institutions, including physical security measures for server locations.

Cybersecurity Threats and Legislative Responses

Ransomware Attacks

• A ransomware attack has occurred, with a hacker demanding one million pesos for the password to a virus known as "Juana Grave," which translates to "I want to cry."

• The inability to decrypt the information without payment highlights the severity of such attacks on private and state servers, emphasizing legal consequences for unauthorized destruction or loss of data.

Legal Framework Against Cybercrime

• Legislation is in place that addresses not only hacking but also the promotion and use of hacked information.

• The new laws are comprehensive, providing robust protection against various cybercrimes, including those related to public safety.

Human Trafficking and Sexual Exploitation

• The discussion includes human trafficking, particularly sexual tourism facilitated through online platforms targeting minors.

• Individuals promoting or facilitating sexual acts involving minors can face severe penalties under current laws.

Child Exploitation Online

• The issue of child exploitation via digital means is significant; many cases involve children being coerced into sharing explicit content.

• Mexico ranks high in global human trafficking statistics, with victims often lured through social media platforms like Facebook.

Legislative Measures Against Trafficking

• Effective legislation exists to prevent and punish human trafficking. It holds accountable not just traffickers but anyone involved in facilitating these crimes.

• Both men and women can be victims of trafficking; however, there is a notable difference in the nature of exploitation between genders.

Addressing Child Pornography

• Child pornography remains a critical issue in Mexico, with many young individuals becoming victims due to peer pressure and lack of awareness about digital safety.

• Legal provisions exist against storing or distributing child pornography; offenders can face significant prison time if caught with incriminating evidence on their devices.

Conclusion: Importance of Awareness and Prevention

• Emphasizing education around digital safety is crucial for preventing exploitation among youth. Laws are stringent but require community awareness for effective implementation.

Yucatán's Advanced Legal Codes Against Child Exploitation

Overview of Yucatán's Legal Framework

• Yucatán has established advanced legal codes that prioritize the protection of individuals, particularly against child exploitation and pornography.

• The law addresses the commission of crimes involving objects, instruments, and products related to offenses, emphasizing accountability for those who facilitate such acts through third parties.

Addressing Defamation and Extortion

• The legal framework includes provisions against defamation, extortion, and threats associated with online exploitation.

• Article 243 bis 3 and 4 specifically targets extortion cases where consent is misinterpreted; it clarifies that sharing intimate images does not equate to permission for public dissemination.

Challenges in Reporting Crimes

• Victims often face challenges when reporting incidents due to misconceptions about consent; many officials mistakenly believe that sending images implies consent for distribution.

• The law aims to eliminate loopholes in prosecution by clearly defining the parameters of consent regarding image sharing.

Recent Developments in Related Laws

• Other regions like Puebla are also enhancing their legal frameworks to combat financial crimes such as document forgery and credit card cloning.

• Specific laws target electronic fraud through devices like skimmers that illegally capture credit card information.

Importance of Digital Evidence Preservation

• Effective documentation of digital evidence is crucial; victims should take screenshots (using print screen functions), save URLs, and compile evidence into a Word document for submission.

• Law enforcement faces difficulties due to varying state laws on investigating cybercrimes; this inconsistency can hinder justice for victims.

Cyber Harassment and Image Exploitation

• New laws address cyber harassment by criminalizing the unauthorized capture or distribution of images without consent.

• Victims frequently receive unsolicited explicit images online, which complicates their ability to report these incidents effectively.

Conclusion: Navigating Digital Crime Reporting

• Understanding how to preserve digital evidence is essential for victims seeking justice. This includes saving relevant communications and documenting threats accurately.

• Properly formatted evidence can significantly aid investigations by providing clear links back to the original source material.

Discussion on Digital Safety and Child Protection

Understanding Hidden Language Among Youth

• The speaker discusses the hidden language used by youth, particularly in secondary schools and universities, highlighting concerns about inappropriate content being shared among students.

Legal Implications of Sharing Inappropriate Content

• The term "caldito de pollo" is introduced as a euphemism for child pornography, emphasizing its legal ramifications under federal law in Yucatán.

Reporting Mechanisms for Child Exploitation

• The speaker urges individuals to report any instances of inappropriate content found on mobile devices to authorities, stressing the importance of community involvement in combating these crimes.

Digital Transition Challenges

• There is a recognition that many people are lagging behind in understanding digital safety issues, with specific references to terms used by youth that indicate their engagement with harmful content.

Nature of Exploitative Material

• The discussion reveals that "the pack" refers to collections of pornographic images often shared without consent, raising awareness about the scale and impact of such material on victims.

Disturbing Trends in Youth Behavior

• The speaker describes alarming behaviors observed among youth, including sharing explicit photos and videos taken in private settings without consent.

Exposure to Violent Content

• A troubling trend is noted where children are exposed to graphic violence online, including animal cruelty and other forms of brutality that desensitize them.

Dehumanization Through Media Consumption

• The speaker highlights the severe consequences of exposure to violent media on children's empathy and humanity, suggesting that legislation alone cannot address these issues effectively.

Parental Vigilance Recommended

• Parents are encouraged to monitor their children's digital interactions closely, checking contacts and ensuring they do not engage with unknown individuals online.

Cybercrime Overview: Ransomware Explained

• A transition into cybercrime discussions introduces ransomware as a malicious software threat that can compromise systems for extortion purposes.

Case Study: Email Spoofing Incident

• An example is provided involving an email spoofing incident affecting a travel agency's operations due to unauthorized access attempts from external sources.

Investigation of Cyber Fraud and International Implications

Overview of Cyber Fraud Investigation

• Discussion on the identification of potential fraud locations in Puerto Rico or Costa Rica, with efforts to correlate findings with data from Miami.

• Challenges faced due to unavailability of cyber police; consideration of escalating the case to federal authorities for international implications.

• Mention of previous cases handled by metropolitan authorities and the need for collaboration with federal cyber police for effective investigation.

Server Location and International Cooperation

• Identification issues regarding servers hosting fraudulent websites, often located outside Mexico, complicating local investigations.

• Emphasis on the necessity for international cooperation to obtain information from foreign jurisdictions where servers are based.

Financial Frauds and Virtual Currencies

• Introduction to "vinos," a term related to credit card fraud through virtual means, specifically linked to cryptocurrencies like Bitcoin.

• Concerns about the lack of regulation surrounding cryptocurrencies and their use in illegal activities; discussion on how Bitcoin can be used anonymously.

Risks Associated with Cryptocurrencies

• Warning against investing in Bitcoin due to its volatility; suggestion that it is primarily used for online purchases rather than as a stable investment.

• Highlighting that many transactions made using Bitcoin may involve illegal goods or services, urging caution among users.

Cyber Terrorism: Current State in Mexico

Understanding Cyber Terrorism

• Inquiry into the state of cyber terrorism in Mexico; request for examples and conditions affecting national security.

Monitoring and Preparedness Against Terrorism

• Insights into U.S. preparedness against terrorism post 9/11; comparison with Mexico's situation where terrorism is not a significant concern.

• Acknowledgment that while there are monitoring systems in place, actual threats from terrorism remain low within Mexico.

Activism vs. Terrorism

• Clarification that while there are groups promoting activism or guerrilla tactics monitored by authorities, they do not pose a major threat compared to other nations.

Challenges Faced by Media Professionals

Issues Encountered by Journalists

• Personal account from a media director facing challenges related to cyber crimes impacting communication lines and operational integrity.

Identity Theft and Legal Procedures

Incident of Identity Theft

• The speaker discusses discovering that their identification number (INE) was canceled, leading to concerns about identity theft.

• They mention a phone line being compromised, prompting them to visit the cinema to cancel the service, which initially faced resistance from the provider.

Reporting the Crime

• The speaker describes their experience at the public ministry where they were required to file a report for identity theft but faced challenges in getting it accepted.

• They emphasize that despite initial refusals, they insisted on reporting the crime as identity theft due to unauthorized use of their INE number.

Investigation Challenges

• After filing the report, they express frustration over not knowing who committed the crime and inquire about investigation procedures.

• Law enforcement indicates that without digital evidence or social media profiles linked to the crime, it is difficult to pursue further investigations.

Limitations of Law Enforcement

• The police clarify that they lack jurisdiction over telephone lines and can only act if there is sufficient evidence provided by telecommunications companies.

• They explain that any intervention regarding communication records must be requested through proper legal channels.

Data Protection and Cybercrime Legislation

Right to Forget in Data Privacy

• A question arises regarding data protection rights in Europe compared to Mexico, particularly concerning personal data management on platforms like Facebook.

• The discussion highlights how Mexican legislation differs from European laws regarding data privacy and user rights.

Legislative Framework

• It is noted that while European laws provide comprehensive protections for personal data, Mexico's regulations are less robust and often rely on service providers for compliance.

Handling Deceased Users' Accounts

• The conversation touches upon policies for managing accounts of deceased individuals on social media platforms, allowing families options for memorialization or account deletion.

Conclusion of Discussion

• Participants express gratitude for insights shared during this important conference on cybercrime and data protection issues.