Important Info You Need to Know about the Technological Crime Advisory Board Established Under NRS 205A

Technological Crime Advisory BoardIn 2018, approximately 43 percent of businesses in the United State were compromised via a cybersecurity breach, according to Data Connectors. To give you an idea of the economic impact of cybercrime, it is estimated that cybercrime will cost approximately $6 trillion annually by the year 2021. In 2015, that number was only $3 trillion, according to a report released by Cyber Security Ventures.

Despite the increased public awareness concerning the risks of clicking on a suspicious link, or opening an email, public data indicates that online attacks and technological crimes are ever-increasing.

In light of this troubling data, the Nevada legislature established the Technological Crime Advisory Board. This Board’s authority and framework were established in Chapter 205A of the Nevada Code.

What is a Technological Crime Under Nevada Law?

According to NRS 205A.030, “technological crime” is considered to be the commission of, attempt to commit or conspiracy to commit any crime that involves, directly or indirectly, any component, device, equipment, system or network that, alone or in conjunction with any other component, device, equipment, system or network, is designed or has the capability to: (1) be programmed or (2) generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound in a technological format, including, without limitation, a format that involves analog, digital, electronic, electromagnetic, magnetic or optical technology.

What Does The Advisory Board Do?

The general duties and responsibilities of this Board are set forth in NRS 205A.060. The general duties of the Board include:

      1.  Facilitate cooperation between state, local and federal officers in detecting, investigating and prosecuting technological crimes.

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      2.  Establish, support and assist in the coordination of activities between two multiagency task forces on technological crime, one based in Reno and one based in Las Vegas, consisting of investigators and forensic examiners who are specifically trained to investigate technological crimes.

      3.  Coordinate and provide training and education for members of the general public, private industry and governmental agencies, including, without limitation, law enforcement agencies, concerning the statistics and methods of technological crimes and how to prevent, detect and investigate technological crimes.

      4.  Assist the Division of Enterprise Information Technology Services of the Department of Administration in securing governmental information systems against illegal intrusions and other criminal activities.

      5.  Evaluate and recommend changes to the existing civil and criminal laws relating to technological crimes in response to current and projected changes in technology and law enforcement techniques.

      6.  Distribute money deposited pursuant to 179.1233 into the Account for the Technological Crime Advisory Board in accordance with the provisions ofNRS 205A.090.

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      7.  Authorize the payment of expenses incurred by the Board in carrying out its duties pursuant to this chapter.

Board Led by Executive Director

Pursuant to NRS 205A.070, a majority of the members of the Board can take a vote and appoint an Executive Director of Technological Crime within the Office of the Attorney General. The Executive Director is in the unclassified service of the State and serves at the pleasure of the Board. The Board is empowered to establish the qualifications, powers and duties of the Executive Director.

Pursuant to NRS 205A.080, if there is support from two-thirds of the members of the Board, then the Board can appoint a full-time administrative assistant who is in the unclassified service of the State, serves at the pleasure of the Board and reports to the Executive Director.

How the Board Pays for Its Activities

According to NRS 205A.090, an account is set up for the Technological Crime Advisory Board and is funded through certain criminal or civil forfeitures. Here is the specific statutory language of NRS 205A.090:

      1.  The Account for the Technological Crime Advisory Board is hereby created in the State General Fund. The Board shall administer the Account.

      2.  The money in the Account must only be used to carry out the provisions of this chapter and pay the expenses incurred by the Board in the discharge of its duties, including, without limitation, the payment of any expenses related to the creation and subsequent activities of the task forces on technological crime.

      3.  For each criminal or civil forfeiture carried out pursuant to NRS 179.1211 to 179.1235, inclusive, the Board shall distribute the money deposited into the Account pursuant to NRS 179.1233 in the following manner:

      (a) Not less than 25 percent to be retained in the Account for use by the Board to carry out the provisions of this chapter and to pay the expenses incurred by the Board in the discharge of its duties.

      (b) Not more than 75 percent to be distributed to the federal, state and local law enforcement agencies that participated in the investigation of the unlawful act giving rise to the criminal or civil forfeiture in accordance with the level of participation of each law enforcement agency as determined by the Board. If the participating law enforcement agencies have entered into an agreement to share any such money, the Board shall distribute the money to the law enforcement agencies in accordance with the provisions of the agreement.

      4.  Claims against the Account must be paid as other claims against the State are paid.

      5.  The money in the Account that is provided from sources other than the State General Fund or the State Highway Fund must remain in the Account and must not revert to the State General Fund at the end of any fiscal year. Money in the Account that is appropriated or allocated from the State General Fund or the State Highway Fund must revert as provided in the legislation that authorizes the appropriation or the allocation.

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