MEANING OF CYBER CRIME
Cyber crime or computer related crime is a crime that involves a computer and a network
.
The computer may have been used in the commission a crime, or it may be the target.
Cybercrimes can be defined as offences that are committed against individuals or group of
individuals with a criminal motive to intentionally harm the reputation of the victim or cause
physical or mental harm, or loss, to the victim directly or indirectly, using modern
telecommunication networks such as Internet (networks including but not limited to chat
rooms, emails, notice board and groups) and mobile phones (Bluetooth/SMS/MMS)
TYPES OF CYBER CRIMES
1. Hacking
2. Copyright infringement
3. Unwarranted mass surveillance
4. Child pornography
5. Child grooming
1. Hacking
It is unauthorized intrusion into a computer or network. The person engaged in
hacking activities is generally referred to as a hacker .This hacker may alter system or
security features to accomplish a goal that differs from the original purpose of the
system.
Its techniques:-
° Vulnerability scanner – checks computers on networks for known weaknesses
° Password cracking – the process of recovering passwords from data stored or
transmitted by computer system.
° Packet sniffer – applications that capture data packets in order to view data and
passwords in transit over networks
° Spoofing attack – involve websites which falsify data by minimizing legitimate
sites, and they are, therefore treated as trusted sites by users or other programs.
Root kit – represents a set of programs which work to subvert control of an
operating system from legitimate operators.
° Trojan horse – serves as a backdoor in a computer system to allow an intruder to
gain access to the system later
° Viruses – self replicating programs that spread by inserting copies of the same
program into other executable code files or documents
° Key loggers – tools designed to record every keystroke on the effected machine for
later retrieval
2. Copyright infringement
Copyright infringement is the use of works protected by copyright law without
permission, infringing certain exclusive rights granted to the copyright holder such as
the right to reproduce, distribute, display or perform the protected work, or to make
derivative works
3. Unwarranted mass surveillance
The word unwarranted means not justified or authorized.
Mass surveillance is the intricate surveillance of an entire substantial fraction of a
population in order to monitor that group of citizens.
Thus, unwarranted mass surveillance means the unauthorized intricate surveillance of
an entire substantial fraction of population in order to monitor a particular group of
citizens.
4. Child Pornography
Child pornography is illegal because it is evidence of a crime and harms all children.
Some people refer to child pornography images as crime scene photographs to make
the point that taking such pictures and behaving sexually with a child are crimes.
Viewing child pornography perpetuates an industry which harms children
.
5. Child Grooming
Grooming is when someone builds an emotional connection with a child to gain their
trust for the purpose of sexual abuse, sexual exploitation or trafficking. Children and
young people can be groomed online or face to face, by a stranger or by someone they
know – for example a family member, friend or professional
.
CONCLUSION
Thus, cyber crime is commonly known as technological crime. Other types of crime
can be witnessed less, as compared to these types of crimes because of the
advancement of technology.
These types of crime occur due to lack of knowledge people have while using the
technology
Some of the measures which could be suggested are:
1. Anti virus and Anti spy software: Anti virus software consists of computer
programs that attempt to identify and eliminate computer virus and other malware
software. Anti spywares are used to restrict backdoor program.
Other measures could be:
1. One should avoid disclosing any personal information to strangers via
electronic mail (e-mail)
2. A person should never send his credit or debit card number to any site that is
not secured, to guard against frauds.
Cyber crime or computer related crime is a crime that involves a computer and a network
.
The computer may have been used in the commission a crime, or it may be the target.
Cybercrimes can be defined as offences that are committed against individuals or group of
individuals with a criminal motive to intentionally harm the reputation of the victim or cause
physical or mental harm, or loss, to the victim directly or indirectly, using modern
telecommunication networks such as Internet (networks including but not limited to chat
rooms, emails, notice board and groups) and mobile phones (Bluetooth/SMS/MMS)
TYPES OF CYBER CRIMES
1. Hacking
2. Copyright infringement
3. Unwarranted mass surveillance
4. Child pornography
5. Child grooming
1. Hacking
It is unauthorized intrusion into a computer or network. The person engaged in
hacking activities is generally referred to as a hacker .This hacker may alter system or
security features to accomplish a goal that differs from the original purpose of the
system.
Its techniques:-
° Vulnerability scanner – checks computers on networks for known weaknesses
° Password cracking – the process of recovering passwords from data stored or
transmitted by computer system.
° Packet sniffer – applications that capture data packets in order to view data and
passwords in transit over networks
° Spoofing attack – involve websites which falsify data by minimizing legitimate
sites, and they are, therefore treated as trusted sites by users or other programs.
Root kit – represents a set of programs which work to subvert control of an
operating system from legitimate operators.
° Trojan horse – serves as a backdoor in a computer system to allow an intruder to
gain access to the system later
° Viruses – self replicating programs that spread by inserting copies of the same
program into other executable code files or documents
° Key loggers – tools designed to record every keystroke on the effected machine for
later retrieval
2. Copyright infringement
Copyright infringement is the use of works protected by copyright law without
permission, infringing certain exclusive rights granted to the copyright holder such as
the right to reproduce, distribute, display or perform the protected work, or to make
derivative works
3. Unwarranted mass surveillance
The word unwarranted means not justified or authorized.
Mass surveillance is the intricate surveillance of an entire substantial fraction of a
population in order to monitor that group of citizens.
Thus, unwarranted mass surveillance means the unauthorized intricate surveillance of
an entire substantial fraction of population in order to monitor a particular group of
citizens.
4. Child Pornography
Child pornography is illegal because it is evidence of a crime and harms all children.
Some people refer to child pornography images as crime scene photographs to make
the point that taking such pictures and behaving sexually with a child are crimes.
Viewing child pornography perpetuates an industry which harms children
.
5. Child Grooming
Grooming is when someone builds an emotional connection with a child to gain their
trust for the purpose of sexual abuse, sexual exploitation or trafficking. Children and
young people can be groomed online or face to face, by a stranger or by someone they
know – for example a family member, friend or professional
.
Causes of Cyber Crimes
1. Easy to access- The problem behind safeguarding a computer system from
unauthorized access is that there are many possibilities of breach due to the
complex technology. Hackers can steal access codes, retina images, advanced
voice recorders etc. that can fool biometric systems easily and bypass firewalls
can be utilized to get past many security systems.
2. Capacity to store data in comparatively small space – The computer has the
unique characteristics of storing data in a very small space. This makes it a lot
easier for the people to steal data from any other storage and use it for own profit.
3. Complex – The computers run on operating systems and these operating systems
are programmed on millions of codes. The human mind is imperfect, so they can
do mistakes at any stage. The cyber criminals take advantage of these gaps.
4. Negligence- Negligence is one of the characteristics in human conduct. So, there
may be possibility that protecting the computer system we may make any
negligence which provides a cyber criminal the access and control over the
computer system.
5. Loss of evidence – The data related to the crime can be easily destroyed .So , loss
of evidence has become a very common and obvious problem which paralyzes the
system behind the investigation of cyber crime6
.
People involved in cyber crime
° Career criminals
° Teenagers
° Cyber terrorists
Effects of cyber crime
1. Cyber fear in teenagers – These days a worst fear in teenagers’ eyes is cyber bullying.
It has become common over past five years generally from the age below eighteen are
more susceptible and feared from cyber bullying as per inspection . It is becoming an alarming trend in our society. As per inspection of data, the worst fear of cyber crime
is on female teenagers. Cyber bullying is a fear when a person receives threats,
negative comments or negative pictures or comments from other.
2. Piracy- Cyber crime has had major effects on the entertainment, music and software
industries. Claims of damages are hard to estimate and even harder to verify , with
estimates ranging widely from hundreds of millions to hundreds of billions of dollar
per year .In response , copyright holders have lobbied for stricter law against
intellectual property theft, resulting in laws like the Digital Millennium Copyright Act.
These laws allow copyright holders to target file shares and sue them for large sums of
money to counteract the financial damages of their activities online.
3. Identity theft- Becoming the victim of cyber crime can have long lasting effects on
your life. One common technique scanners employ is phishing, sending false emails
purporting to come from a bank or other financial institution requesting personal
information. If you hand over this information, it can allow the criminal to access your
bank and credit accounts, as well as open new accounts and destroy your credit rating.
This type of damage can take over months or even years to fix, so protecting your
personal information online is an important skill to learn
Issues and Challenges in the investigation of cyber crimes
° Issues
1. Obtaining witness cooperation
The first impediment that faces investigators is that of security of the cooperation
of the complainants and witnesses. It is now well documented that victims of
crimes of this nature are reluctant to report them to the police
Similar reasons for non reporting of electronic commerce incidents were given by
the respondents to KPMG`s Global e-Fraud Survey (2001) in addition to the key
factor of the need to re-instate systems quickly so a to prevent loss of business.
Businesses are reluctant to report cybercrime simply due to a fear of sending good
money after bad as experience may have led them to believe that it will be impossible to recover losses successfully through legal avenues and that the time and resources that are
required to report an incident officially and to assist in its prosecution simply do not justify
the likely return on investment. The result is that investigators may face considerable barriers
in securing cooperation from victims and witnesses, especially those located in other
countries.
2. Choosing the Appropriate Jurisdiction
It plays a very important role in the decision of a particular case. This situation
arises when offenders are living at different places and offences are committed in
various countries .It becomes difficult as to which court a person should approach
and in which jurisdiction it would lie.
3. Logistical and Practical barriers
This is one the most basic issues faced while investigating technological crimes.
Documents often need to be translated particularly if required for diplomatic
purposes. This can cost considerable sums and again delays investigation.
Witnesses from non –English countries may need the assistance of interpreters
which can also be expensive and slow down investigations.
4. Identifying Suspects
One of the foremost problems that face cybercrime investigators is the
identification of suspects. Occasionally this can lead to considerable problems
when a wrong person is arrested.
This problem is more prevalent in business environments where multiple people
have access to a personal computer and where passwords are known or shared.
This problem is usually resolved by traditional investigative techniques, such as
use of video surveillance or gathering indirect circumstantial evidence that locates
the accused at the terminal at a particular time and day.
° Challenges
1. There is now a sophisticated and self sufficient digital underground economy in
which data is the illicit commodity. Stolen personal and financial data used, for
example, to gain access to existing bank accounts and credit cards, and to
fraudulently establish new lines of credit- has a monetary value. This drives a
range of criminal activities including phishing, pharming, and malwaredistribution and hacking of corporate databases, and is supported by a fully
pledged infrastructure of malicious code writers, specialist web hosts and
individuals able to lease networks of many thousands of compromised
computers to carry out automated attacks.
2. In the last decade advances in communication technologies and the
informatisation of society have converged as never before in human history.
This has given rise to the industrialization of a type of crime where the
commodity, personal information, moves far too quickly for conventional law
enforcement methods to keep pace.
3. Cyber crime is a truly global criminal phenomenon which blurs the traditional
distinction between threats to internal and external security and does not
respond to single jurisdiction approaches to policing. The liability of networks
to exploitation for a number of different ends, and the ease with which
individuals may move from one type of illegal activity to another suggests that
territorialism in all its forms hinders efforts to successfully combat the misuse
of communications technology9
Social media and crime
The popularity of social media platforms such as face book, twitter and Snap chat
have transformed the way we understand and experience crime and victimization.
Social media has also created new concerns in relation to crime itself.
Victimization on social media platforms is not uncommon.
THE GOOD
There is no doubt social media has been beneficial for some criminal justice
institutions.
For the police, social media has given unprecedented access to the public and vice
–versa via Face book and twitter, police and public can even communicate in real time about incidents and events. This has proven invaluable not only during times
of crisis, but also on a day to day basis and at the local level.
Social media has also become an important tool in police investigations.
For example, the release of CCTV footage of Melbourne woman Jill Meagher`s
last moments via Face book pages and YouTube assisted in apprehending her
killer.
The social media broadcasting of criminal trials has added an extra level of
transparency to criminal proceedings. But while live tweeting represents a step
forward in achieving open justice, there remain concerns with the practice.
THE BAD
At the other end of the spectrum, social media has been accused of posing risks for
many users, particularly young people.
Social media has been used to facilitate new crimes such as the revenge porn,
prompting calls for harsher punishment.
Also the ability of criminals to use social media platforms to track potential victims
was highlighted in the recent case of Kim Kardashian robbery.
Social media is also changing the nature of post crime behavior. So called
performance crimes – where offenders boast about their criminal behavior to their
friends and followers online- are increasingly common.
Finally, couch detectives, eager to identify suspects, often weigh in on social
media, which can at best be distracting for law enforcement and at worst result in
innocent people being wrongly accused.
THE UGLY
Trial by social media has become increasingly concerning for those working in the criminal justice system.
Activity on Face book and Twitter can pose a threat to prosecutions and the right to
a fair trial through practices such as sharing photos of the accused before an
indictment, creation of hate groups, or juror haring their thoughts about a case
online.
Social media can be used as a tool for victim blaming, as occurred after the
Kardashian robbery. Immediately following the incident, some Face book and
Twitter users argued she got what she deserves and that maybe she will cover
herself up now.
Social media can be further be used as a weapon through which the friends and
families of victims of crime are exposed to secondary victimization.
Case laws on crimes related to social media
1. Bradley v State (2012)
This is one of the recent cases where social media evidence was used to
identify suspects and witnesses. In Bradley, the victim of an armed robbery
identified his assailants through publically available Face book photos. In its
opinion denying Bradley`s appeal , the Texas appellate court pointedly noted
that “ vast online photo databases – like Face book and relatively easy access to
them will undoubtedly play an ever increasing role in identifying and
prosecuting suspects.
2. Hoffman v State
In Hoffman, an eighteen year old female was convicted of vehicular
manslaughter. The Court enhanced her sentence her sentence when the prosecution introduced into evidence her MySpace page with photos and
comments glamorizing alcohol abuse.
3. US v Collins
In this court filing, it is revealed that the “Anonymous” hacker group employed
Twitter to communicate and coordinate attacks: Terms of probation sought to
prevent the defendants from using Twitter while on probation. Monitoring
Twitter is a crucial capability for cybercrime investigations.
4. US v Anderson
Our survey results included several dozen cases involving child exploitation. In
this case, a pedophile used Face book to identify and lure victims.
INFORMATION AND TECHNOLGY ACT, 2000: CERTAIN
OFFENCES CONSIDERED UNDER THE ACT SUPPORTED WITH
CASE LAWS
The introduction to the internet has brought the tremendous changes in our
lives. People of all fields are increasingly using the computers to create,
transmit and store information in the electronic form instead of the traditional
papers, documents. Information stored in the electronic form has many
advantages. Though it has many advantages, it has been misused by many
people in order to gain themselves or for sake or otherwise to harm others. The
high and speedier connectivity to the world from any place has developed
many crimes and these increased offences led to the need of law for protection.
Some countries have been rather been vigilant and formed some laws
governing the net. In order to keep in pace with the changing generation, the
Indian Parliament passed the law – Information Technology Act, 2000. The IT Act 2000 has been conceptualized on the United Nations Commission on
International Trade Law (UNCITRAL) Model Law.
The offences included in the IT Act 2000 are as follows:
1. Tampering with the computer source documents.
2. Hacking with computer system
3. Publishing of information which is obscene in electronic form
4. Power of controller to give directions
5. Directions of controller to a subscriber to extend facilities to decrypt
information.
6. Protected system
7. Penalty for misrepresentation
8. Penalty for breach of confidentiality and privacy
9. Penalty for publishing digital signature certificate false in certain
particulars
10. Publication for fraudulent purpose
11. Act to apply for offence or contravention committed outside India
12. Confiscation
13. Penalties or confiscation not to interfere with other punishments
14. Power to investigate offences.
OFFENCES UNDER IT ACT, 2000
Section 65: Tampering with computer source documents:
Whoever knowingly or intentionally conceals, destroys or alters or
intentionally or knowingly causes another to conceal, destroy or alter any
computer source code used for a computer, computer program me, computer
system or computer network, when the computer source code is required to be
kept or maintained by law for the time being in force, shall be punishable with
imprisonment up to three years, or with fine which may extend up to two lakh rupees or with both.
This is cognizable and non bailable.
CASE LAWS
1. Frios v State of Kerala
In this case, it was declared that the FRIENDS application software as
protected system. The author of the application challenged the notification
and the constitutional validity of software under section 70. The court
upheld the validity of both.
It included tampering with source code. Computer source code the
electronic form, it can be printed on paper
Held : The court held that tampering with source code are punishable with
three years jail and or two lakh rupees fine for altering , concealing and
destroying the source code.
2. Syed Asifuddin case
In this case the Tata Indicom employees were arrested for manipulation of
the electronic 32- bit number programmed into cell phones theft were
exclusively franchised to Reliance Infocom.
franchised to Reliance Infocom.
Held – Court held that Tampering with source code invokes Section 65 of
the Information Technology Act.
Section 66. Hacking with the computer system:
(1) Whoever with the intent to cause or knowing that he is likely to cause
wrongful loss or damage to the public or any person destroys or deletes
or alters any information residing in a computer resource or diminishes
its value or utility or affects it injuriously by any means , commits
hacking .
(2) Whoever commits hacking shall be punished with imprisonment up to
three years or with fine which may extend to up to two lakh rupees, or with both.
APPLICATION OF TECHNOLOGY IN CRIMINAL JUSTICE ADMINISTRATION
Working in criminal justice today means having the opportunity to utilize robots, GPS
systems, advanced cameras and high – powered computer systems. These important
technologies have improved investigation, surveillance and analysis procedures – so long as
they are backed by skill set and intelligence to properly use them.
1. Detection and Positioning Systems
Everyone is familiar with computers, but the criminal justice field also gets to see
more unique forms of technological advancements such as
° Robots, robotic cameras, and flying drones: Instead of sending in an officer to check
out a dangerous situation or diffuse a bomb, its now possible to send in a robot. There
are even flying robotic drones that give officers a bird`s eye view of a crime scene
without a person having to go up in the air.
° Gunshot detection system (GDS)
This system of electronic sensors installed in high crime areas helps police quickly
detect where any gunshots come from. They allow for an improved response time that
helps reduce crime.
° GPS and GIS systems
Officers use GPS/GIS in so many ways, from getting to a scene using the most
effective route to pinpointing where a suspect is located. One great way GPS is used
is to track fleeing criminals without having to engage in a dangerous high speed
chase. GIS is used to track police vehicles so departments always know where they
are located.
2. Technology cost and Return on Investment
One issue that does have to taken into consideration when discussing technology is
the cost incurred on using it and its return on investment.
The technology itself can be expensive and then there is the added cost of training the
team to use it. Implementation must be weighed against the amount of money
eventually saved in time and labor due to its utilization.
3. Databases and Information Exchange
One of the most important technological tools in the field today is the computer
database. There are now database systems for DNA testing and profiling, fingerprints
and hotspot crime mapping programs. For each type of database that exists there have
been corresponding technological advancements in that niche. For example fingerprinting is much more advanced than it was ten or twenty years ago. There are
image enhancement systems to make prints clearer; there are biometric tools that
more efficiently analyze fingerprints, and there are portable tools that allow officers to
take prints in the field. Fingerprints are just one area of advance computer technology
used by law enforcement today, but the same could be said for nearly every emergent
digital tool.
WEAPONS FOR FUTURE INVESTIGATION TO HELP IMPROVE CRIMINAL
JUSTICE SYSTEM15
1. Body cameras for police officers
Body cameras for members of law enforcement are being tested in Georgia,
California, London and other parts of the world. As they record public interactions
between police and citizens, these lightweight devices have the potential to increase
officer accountability, as well as prevent false accusations by the public and provide
evidence for use in the further proceedings of the court.
In future , Google glass and lapel cameras may provide officers with live information
feeds during high speed pursuits using facial recognition technology and then running
an image or images through databases to find more information.
2. Law enforcement video analytics
CCTV cameras are found in many cities throughout the country and have been used to
find evidence, suspects and more. Today CCTV cameras can use a video analytics
system to help alert security personnel about suspicious behaviors; for example
spotting an unmarked car sitting idle in a pedestrian zone.
3. Drones in law enforcement
Law enforcement agencies throughout the country could soon be looking to drones to
provide surveillance during life threatening situations and even in everyday police
work. Drones have the ability to do flyovers and enable police departments to
ascertain a dangerous situation without putting any officers at risk in the process.
They can also assist with activities such as a search and rescue mission or finding the
missing persons.
4. Advancement in forensic science technology
As more and more users go mobile and utilize interconnected devices, computers are
often at the centre of incidents and investigations. Evidence for discussion in a court
of law is often gathered thanks to the skills of digital forensic experts that can extract
crucial data from electronic devices belonging to the effected parties. Law officials
sometime depend on the testimony of computer forensic analyst specialized in e�discovery; these experts are called to work directly with police officers and detectives
to aid in identifying , preserving , analyzing and presenting digital evidence to help
solve crime cases.
COMPUTER FORENSIC EXPERTS
The job of the forensic experts is to help identify criminals and analyze evidence
against them.
Trained and skilled individuals work for public law enforcement or in the private
sector to carry out tasks related to the collection and analysis of digital evidence. They
are also responsible for writing meaningful reports for use in investigative and legal
settings. In addition to working in labs, forensic experts apply digital investigative
techniques in the field uncovering metadata that holds importance in a court of law.
Today`s computer forensic analysts are capable of recovering data that have been
deleted, encrypted or are hidden in the folds of mobile devices technology; they can
be called to testify in court and relate the evidence found during investigations.
Thus, cyber crime is commonly known as technological crime. Other types of crime
can be witnessed less, as compared to these types of crimes because of the
advancement of technology.
These types of crime occur due to lack of knowledge people have while using the
technology
Some of the measures which could be suggested are:
1. Anti virus and Anti spy software: Anti virus software consists of computer
programs that attempt to identify and eliminate computer virus and other malware
software. Anti spywares are used to restrict backdoor program.
Other measures could be:
1. One should avoid disclosing any personal information to strangers via
electronic mail (e-mail)
2. A person should never send his credit or debit card number to any site that is
not secured, to guard against frauds.
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