Computer crime - Citizendia

Criminal law

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Computer crime, cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a computer or network is the source, tool, target, or place of a crime. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Robbery is the Crime of seizing Property through Violence or Intimidation. A pimp (also called fleshmonger) finds and manages clients for Prostitutes and engages them in Prostitution (in Brothels in most cases and Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Property damage (or in the United Kingdom, criminal damage) is damage to or the destruction of public or private Property, caused either by a In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Intoxication is the state of being affected by one or more psychoactive drugs. A mistake of fact may sometimes offer exculpation (as in Excuse) by allowing a criminal Defendant some relief from liability for having broken the In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For English law on the criminal defence see Duress in English law. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Also see Provocation in English law. In Criminal law, provocation is a possible defense by excuse or exculpation The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e CyberCrime was an innovative weekly America Television program on TechTV that focused on the dangers facing computer users A computer is a Machine that manipulates data according to a list of instructions. Computer networking is the Engineering Discipline concerned with communication between Computer systems or devices Networking routers In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment These categories are not exclusive and many activities can be characterized as falling in one or more category. Additionally, although the terms computer crime or cybercrime are more properly restricted to describing criminal activity in which the computer or network is a necessary part of the crime, these terms are also sometimes used to include traditional crimes, such as fraud, theft, blackmail, forgery, and embezzlement, in which computers or networks are used to facilitate the illicit activity. CyberCrime was an innovative weekly America Television program on TechTV that focused on the dangers facing computer users In the broadest sense a fraud is a Deception made for personal gain or to damage another individual In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. Embezzlement is the act of dishonestly appropriating or secreting assets usually financial in nature by one or more individuals to whom such assets have been entrusted Cyber crime is also a major issue these days in the world as many people are hacking into the computer systems.

Computer crime can broadly be defined as criminal activity involving an information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud.

Discussion

A common example is when a person starts to steal information from sites, or cause damage to, a computer or computer network. A computer network is a group of interconnected Computers. Networks may be classified according to a wide variety of characteristics This can be entirely virtual in that the information only exists in digital form, and the damage, while real, has no physical consequence other than the machine ceases to function. In some legal systems, intangible property cannot be stolen and the damage must be visible, e. g. as resulting from a blow from a hammer. Yet denial of service attacks for the purposes of extortion may result in significant damage both to the system and the profitability of the site targeted. Extortion, outwresting, or exaction is a criminal offense, which occurs when a person Unlawfully obtains either money property or services A further problem is that many definitions have not kept pace with the technology. For example, where the offense requires proof of a trick or deception as the operative cause of the theft, this may require the mind of a human being to change and so do or refrain from doing something that causes the loss. Increasingly, computer systems control access to goods and services. If a criminal manipulates the system into releasing the goods or authorizing the services, has there been a "trick", has there been a "deception", does the machine act because it "believes" payment to have been made, does the machine have "knowledge", does the machine "do" or "refrain from doing" something it has been programmed to do (or not). Where human-centric terminology is used for crimes relying on natural language skills and innate gullibility, definitions have to be modified to ensure that fraudulent behavior remains criminal no matter how it is committed. In the Philosophy of language, a natural language (or ordinary language) is a Language that is spoken or written in phonemic-alphabetic or phonemically-related

Issues surrounding hacking, copyright infringement through warez, child pornography, and child grooming, have become high-profile. 'Copyright infringement' (or copyright violation) is the unauthorized use of material that is covered by Copyright law in a manner that violates "Warez" refers primarily to Copyrighted works traded in violation of Copyright law. Child pornography refers to material depicting Children being in a state of undress engaged in erotic poses or sexual activity Child grooming, in the context of this article refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child in order But this emphasis fails to consider the equally real but less spectacular issues of obscenity, graffiti appearing on websites and "cyberstalking" or harassment that can affect everyday life. Obscenity (in Latin obscenus, meaning "foul repulsive detestable" is a term that is most often used in a legal context to Graffiti (singular graffito; the plural is used as a Mass noun) is the name for images or lettering scratched scrawled painted or marked in any manner on property Cyberstalking is the use of the Internet or other electronic means to stalk someone Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers There are also problems of privacy when confidential information is lost, say, when an e-mail is intercepted whether through illegal hacking, legitimate monitoring (increasingly common in the workplace) or when it is simply read by an unauthorized or unintended person. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively Electronic mail, often abbreviated to e-mail, email, or originally eMail, is a Store-and-forward method of writing sending receiving

E-mail and Short Message Service SMS messages are regarded as casual communication including many things that would never be put in a letter. Electronic mail, often abbreviated to e-mail, email, or originally eMail, is a Store-and-forward method of writing sending receiving Short Message Service ( SMS) is a Communications protocol allowing the interchange of short text messages between mobile telephone devices. But unlike spoken communication, there is no intonation and accenting, so the message can be more easily distorted or interpreted as offensive. Secondly, a computer can be the tool, used, for example, to plan or commit an offense such as larceny or the distribution of child pornography. In the United States, larceny is a Common law Crime involving Theft. The growth of international data communications and in particular the Internet has made these crimes both more common and more difficult to police. Computer networking is the Engineering Discipline concerned with communication between Computer systems or devices Networking routers And using encryption techniques, criminals may [conspire] or exchange data with fewer opportunities for the police to monitor and intercept. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force This requires modification to the standard warrants for search, telephone tapping, etc. Most often the term warrant refers to a specific type of Authorization; a Writ issued by a competent officer usually a Judge or Magistrate A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search Wiretap redirects here For the radio program see WireTap (radio program Telephone tapping (or wire tapping / wiretapping in

Thirdly, a computer can be a source of evidence Even though the computer is not directly used for criminal purposes, it is an excellent device for record keeping, particularly given the power to encrypt the data. Evidence in its broadest sense includes anything that is used to determine or demonstrate the Truth of an assertion If this evidence can be obtained and decrypted, it can be of great value to criminal investigators.

Definition of Fraud

Computer fraud is any dishonest misrepresentation of fact intended to induce another to do or refrain from doing something which causes loss. A computer is a Machine that manipulates data according to a list of instructions. In this context, the fraud will result in obtaining a benefit by:

altering computer input in an unauthorized way. This requires little technical expertise and is not an uncommon form of theft by employees altering the data before entry or entering false data, or by entering unauthorized instructions or using unauthorized processes;
altering, destroying, suppressing, or stealing output, usually to conceal unauthorized transactions: this is difficult to detect;
altering or deleting stored data; or
altering or misusing existing system tools or software packages, or altering or writing code for fraudulent purposes. This requires real programming skills and is not common.

Manipulating banking systems to make unauthorized identity theft with reference to ATM fraud.

Offensive Content

The content of websites and other electronic communications may be harmful, distasteful or offensive for a variety of reasons. Most countries have enacted law that place some limits on the freedom of speech and ban racist, blasphemous, politically subversive, seditious or inflammatory material that tends to incite hate crimes. Freedom of speech is the freedom to speak freely without Censorship or Limitation. List of racism-related topics|Racism by country Racism, by its simplest definition is the belief that race is the primary determinant of human traits and capacities and that Blasphemy is the disrespectful use of the name of one or more gods. Hate crimes (also known as bias motivated crimes) occur when a perpetrator targets a victim because of his or her membership in a certain Social group, usually defined This is a sensitive area in which the courts can become involved in arbitrating between groups with entrenched beliefs, each convinced that their point of view has been unreasonably attacked. Therefore, it is equally an offense to show hostility to a person who practices a particular faith as to a person who has no religious belief or faith.

Harassment

Whereas content may be offensive in a non-specific way, harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties (see cyber bullying, harassment by computer, stalking, and cyberstalking). Cyber-bullying involves the use of information and communication technologies to support deliberate repeated and hostile behaviour by an individual or group that is intended to Harassment by computer is a crime in several US states (see Computer crime) ---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities

Drug Trafficking

Drug traffickers are increasingly taking advantage of the Internet to sell their illegal substances through encrypted e-mail and other Internet Technology. Some drug traffickers arrange deals at internet cafes, use courier Web sites to track illegal packages of pills, and swap recipes for amphetamines in restricted-access chat rooms. The rise in Internet drug trades could also be attributed to the lack of face-to-face communication. These virtual exchanges allow more intimidated individuals to more comfortably purchase illegal drugs. The sketchy effects that are often associated with drug trades are severely minimized and the filtering process that comes with physical interaction fades away. Furthermore, traditional drug recipes were carefully kept secrets. But with modern computer technology, this information is now being made available to anyone with computer access.

Cyberterrorism

Government officials and IT security specialists have documented a significant increase in Internet probes and server scans since early 2001. There is a growing concern among federal officials that such intrusions are part of an organized effort by cyberterrorists, foreign intelligence services, or other groups to map potential security holes in critical systems. A cyberterrorist is someone who intimidates or coerces a government or organization to advance his or her political or social objectives by launching computer-based attack against computers, network, and the information stored on them.

Cyberterrorism in general, can be defined as an act of terrorism committed through the use of cyberspace or computer resources. As such, a simple propaganda in the Internet, that there will be bomb attacks during the holidays can be considered cyberterrorism. At worst, cyberterrorist may use the Internet or computer resources to carry out an actual attack.

As well there are also hacking activities directed towards individuals, families, organised by groups within networks, tending to cause fear among people, demonstrate power, collecting information relevant for ruining people lives, robberies, blackmailing etc

Documented Cases of Computer Crimes

The Yahoo! website was attacked at 10:30 PST on Monday, 7 February 2000. Events 457 - Leo I becomes emperor of the Byzantine Empire. 1074 - Battle of Montesarchio in which the Prince 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. The attack lasted three hours. Yahoo was pinged at the rate of one gigabyte/second.
On 3 August 2000, Canadian federal prosecutors charged MafiaBoy with 54 counts of illegal access to computers, plus a total of ten counts of mischief to data for his attacks on Amazon.com, eBay, Dell Computer, Outlaw. Events 8 - Roman Empire General Tiberius defeats Dalmatians on the river Bathinus. 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. MafiaBoy was the Internet alias of Michael Calce, a High school student from the upscale area of the West Island in Montreal, Canada Amazoncom Inc ( is an American electronic commerce ( E-commerce) company in Seattle Washington. eBay Inc is an American Internet company that manages eBaycom an Online auction and shopping Website in which people and businesses buy and The multinational technology company Dell Inc develops manufactures sells and supports Personal computers and other computer-related products net, and Yahoo. MafiaBoy had also attacked other websites, but prosecutors decided that a total of 66 counts was enough. MafiaBoy pled not guilty.
About fifty computers at Stanford University, and also computers at the University of California at Santa Barbara, were amongst the zombie computers sending pings in DoS attacks. Leland Stanford Junior University, commonly known as Stanford University or simply Stanford, is a private Research university located in A zombie computer (often shortened as zombie) is a computer attached to the Internet that has been compromised by a hacker, a Computer virus
In 26 March 1999, the Melissa worm infected a document on a victim's computer, then automatically sent that document and copy of the virus via e-mail to other people. Events 1026 - Pope John XIX crowns Conrad II as Holy Roman Emperor. Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) The Melissa worm, also known as "Mailissa" " Simpsons " " Kwyjibo " or "Kwejeebo" is a mass-mailing macro virus,

Types Of Computer Crimes
-Cyber Crime
-Malware/Malicious Code
-Denial-Of-Service Attack
-Hacker/Hacking
-Computing Virus
-Cyber Terrorism
-Information Warfare
-Cyber Stalking
-Fraud and Identity Theft
-Phishing
-Virtual Crime

Applicable laws

United States

ACCESS DEVICE FRAUD. 18 U.S.C. § 1029. Fraud and related activity in connection with access devices.

COMPUTER FRAUD AND ABUSE ACT. The Computer Fraud and Abuse Act is a law passed by the United States Congress in 1986 intended to reduce " hacking " of computer 18 U.S.C. § 1030. Fraud and related activity in connection with computers.

CAN-SPAM ACT. 15 U.S.C. § 7704. Controlling The Assault of Non-Solicited Pornography and Marketing Act of 2003.

EXTORTION AND THREATS. 18 U.S.C. § 875. EXTORTION and THREATS. Interstate communications.

IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT of 1998. 18 U.S.C. § 1028. Fraud and related activity in connection with identification documents, authentication features, and information.

WIRE FRAUD. 18 U.S.C. § 1343. Fraud by wire, radio, or television.

No Electronic Theft ("NET") Act. 17 U.S.C. § 506. Criminal Offenses. (criminal copyright infringement)

Digital Millennium Copyright Act of 1998 (DMCA) . The Digital Millennium Copyright Act (DMCA is a United States Copyright Law which implements two 1996 treaties of the World Intellectual Property 17 U.S.C. § 1201. Circumvention of copyright protection systems.

Electronic Communications Privacy Act, 18 U.S.C. § 2701, et seq. (STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS)

Trade Secrets Act. 18 U.S.C. § 1832. Theft of trade secrets.

Economic Espionage Act. 18 U.S.C. § 1831. Economic Espionage.

US Computer Crime Laws by State

Canada

Criminal Code of Canada, Section 342. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The Criminal Code of Canada (long title An Act respecting the criminal law, R Unauthorized Use of Computer.
Criminal Code of Canada, Section 184. The Criminal Code of Canada (long title An Act respecting the criminal law, R Interception of Communications

United Kingdom

The Computer Misuse Act 1990 (chapter 18. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The Computer Misuse Act 1990 is an Act of the UK Parliament. The Act's introduction followed the decision in R v Gold (1988 1 AC 1063 with the bill's critics charging )

The Regulation of Investigatory Powers Act 2000 (chapter 23. Regulation of Investigatory Powers Act 2000 ( RIP or RIPA) is a United Kingdom Law regulating the powers of public bodies to carry out surveillance )

The Anti-terrorism, Crime and Security Act 2001 (chapter 24. The Anti-Terrorism Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November, 2001 two months after )

The Data Protection Act 1998 (chapter 29. The Data Protection Act ( DPA) is a United Kingdom Act of Parliament. )

The Fraud Act 2006 (chapter 35. The Fraud Act 2006 (2006 c35 is an Act of Parliament in the United Kingdom, affecting England and Wales and Northern Ireland. )

Potentially the Forgery and Counterfeiting Act 1981 (chapter 45) may also apply in relation to forgery of electronic payment instruments accepted within the United Kingdom.

The CMA was recently amended by the Police and Justice Act 2006 (chapter 48)

The Privacy and Electronic Communications (EC Directive) Regulations 2003 (Statutory Instrument 2003 No. The Police and Justice Act 2006 received Royal Assent in the United Kingdom on Wednesday 8th November 2006 The Privacy and Electronic Communications (EC Directive Regulations 2003 is a law in the United Kingdom which made it unlawful amongst other things to transmit an automated 2426. )

See also the UK Internet Rights web site and the All Party Internet Group report on recommended amendments to the CMA.

Venezuela

Special Computer Crimes Act (Ley Especial de Delitos Informáticos, In spanish)

Others

Convention on Cybercrime

Academic resources

Cybercrimes.net and Cyb3rCrim3.org Susan W. For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and Singapore Venezuela (ˌvɛnəˈzweɪlə) officially the Bolivarian Republic of Venezuela (Spanish República Bolivariana de Venezuela) is a country on the The Convention on Cybercrime is the first international Treaty seeking to address Cybercrime and Internet crimes by harmonizing national Laws Brenner
Cybercrime - High Tech crime JISC Legal Information Service
A Guide to Computer Crime Practitioner. Com
Criminal Justice Resources - Cybercrime
Cybercrime NYLS
Cybertelecom :: Crime

Government resources

Cybercrime.gov US Department of Justice CCIPS
US CERT United States Computer Emergency Readiness Team (US-CERT)
FBI Cyber Investigations Home Page
US Secret Service Computer Fraud
On Guard OnGuardOnline. gov provides practical tips from the federal government and the technology industry to help you be on guard against Internet fraud, secure your computer, and protect your personal information.
ID Theft one-stop national resource to learn about the crime of identity theft
FindLaw Computer Crime
RCMP Computer Crime Prevention Royal Canadian Mounted Police

References

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