cybercrime law essay 3 5 paragraph

Cyber Crime Essay for Students and Children

500+ words essay on cyber crime.

Cyber Crime Essay – Everybody thinks that only stealing someone’s private data is Cyber Crime. But in defining terms we can say that ‘Cyber Crime refers to the use of an electronic device (computer, laptop, etc.) for stealing someone’s data or trying to harm them using a computer.

Besides, it is an illegal activity that involves a series of issues ranging from theft to using your system or IP address as a tool for committing a crime.

Types of Cyber Crime

Speaking in a broadway we can say that Cyber Crime are categorized into four major types. These are Financial, Privacy, Hacking, and Cyber Terrorism.

The financial crime they steal the money of user or account holders. Likewise, they also stole data of companies which can lead to financial crimes. Also, transactions are heavily risked because of them. Every year hackers stole lakhs and crores of rupees of businessmen and government.

Privacy crime includes stealing your private data which you do not want to share with the world. Moreover, due to it, the people suffer a lot and some even commit suicide because of their data’s misuse.

In, hacking they intentional deface a website to cause damage or loss to the public or owner. Apart from that, they destroy or make changes in the existing websites to diminish its value.

Modern-day terrorism has grown way beyond what it was 10-20 years ago. But cyber terrorism is not just related to terrorists or terrorist organizations. But to threat some person or property to the level of creating fear is also Cyber Terrorism.

Get the huge list of more than 500 Essay Topics and Ideas

Cyber Crime in India

Web world or cyberspace is a massive community of millions and billions of users and websites. Also, people access it for different uses like shopping, movies, music, video games, transactions, and e-commerce, etc.

In this Age of Technology and easy access to the internet, anyone can easily reach it. Because of this fast pace growth from the previous decade. Besides, the internet has opened a world of information on which anyone can connect.

Due to, this the rate of crime especially the rate of Cyber Crime has increased much fold. Moreover, the rate of circulation of data is also increased much fold due to the higher speed of internet. Above all, due to all these issues, the Cybersecurity has become a major concern for society.

Laws related to Cyber Crimes

To stop the spread of Cyber Crime and to safeguard the interest of people the government has made several laws related to Cyber Crimes. Also, these laws serve as protection against Cyber Crime. Apart from that, the government has also introduced cyber cells in police stations to counter the problem of Cyber Crime as fast as they can.

Ways of stopping Cyber Crime

Cyber Crime is not something which we cannot deal with our self. Likewise, with little use of our common sense and logic, we can stop Cyber Crimes from happening.

To conclude, we can say that Cyber Crime is a dangerous offense to someone’s privacy or any material. Also, we can avoid Cyber Crime by following some basic logical things and using our common sense. Above all, Cyber Crime is a violation of not only law but of human rights too.

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Cyber Crime Essay

The unlawful act of gaining unauthorised access to computer systems or digital devices is known as cybercrime. A detailed grasp of how to stop or recover from cyberattacks is provided by cyber security. Online courses offer guidance on how to avoid, safeguard against, and recover from cybercrime risks. Here are a few sample essays on the topic ‘Cyber Crime’.

100 Words Essay on Cyber Crime

200 words essay on cyber crime, 500 words essay on cyber crime.

Cybercrime is the most discussed problem in the twenty-first century. The usage of cellphones and the internet is increasing dramatically over the world, which is generating questions about consumers' security and privacy. Because of this, it is crucial for all users to understand cybercrime and security. Cybercrime is defined as organised criminal conduct carried out by attackers online. Cybercrime comes in numerous forms, such as fraud, computer viruses, cyberstalking, and others. Due to these, businesses and government organisations are spending more on maintaining and employing professionals in cybercrime.

There are millions and billions of users and websites in the vast community known as cyberspace. People utilise it for a variety of activities including e-commerce, transactions, shopping, movies, music, and video games. Anyone can simply access anything online in the current technological era owing to accessible internet connection. As a result, crime in general and cybercrime in particular have surged dramatically. Additionally, the faster internet connection has greatly boosted the rate of data circulation. All of these problems are responsible as to why cyber security has grown to be a significant issue for society.

The government has created a number of cybercrime-related laws in an effort to curb the spread of the crime and to protect people's interests. These laws also provide defence against cybercrime. Aside from that, the government has established cyber cells in police stations to combat cybercrime as quickly as possible.

Cybercrime is an attack that can be harmful to both an individual and a business. There have been several instances where a cyber attack led to a data leak that caused a significant loss for a business or a person. These cyber-attacks could have negative effects on the country and the business. The countless instances of cyberattacks that have taken place in India and other nations have necessitated increased security measures. There are four main categories of cybercrime, according to a popular definition—hacking, money, privacy, and cyber terrorism.

Cybercrime is a type of crime in which illegal activities are carried out online or using computers. Cybercrime comes in a variety of forms which involves harassing online users. Cybercrime is the most serious and rapidly expanding type of crime in this day and age. Any person's life may be negatively impacted for a very long time by becoming a cyber victim. Cybercrimes have a wide range of repercussions on financial and investment activity in digital organisations.

One typical tactic used by criminals is to lure online users in by creating attractive websites and sending phoney emails purporting to be from banks or other organisations and asking for personal information. It makes it easier for criminals to access a person's bank account and personal data. Due to viruses, mail fraud, account hacking, and software piracy, people have been victims of cybercrimes. They also run into problems with unauthorised access mailing, threats from pornographic emails, and video transmission.

Types of Cyber Crime

Cyberstalking | It is the use of electronic communication to track down a person or to make repeated attempts to get in touch with them in order to foster personal interaction despite their blatant lack of interest. Anyone who monitors the internet, email, or any other form of electronic communication is guilty of stalking.

Phishing | It is a sort of fraud that includes collecting personal data from recipients of emails that seem to be coming from a reliable source, including Customer ID, IPIN, Credit/Debit Card number, Card expiration date, CVV number, etc.

Vishing | It is an attempt when criminals attempt to obtain personal information over the phone, such as Customer ID, Net Banking password, ATM PIN, OTP, Card expiration date, CVV, etc.

Smishing | It is a sort of fraud that employs text messages sent to mobile devices to entice victims into dialling a fake phone number, going to a fake website, or downloading harmful software.

Impersonation And Identity Theft | This includes the dishonest or fraudulent use of another person's electronic signature, password, or other distinctive identification trait.

Virus, Worms, Trojan | A computer virus is a programme designed to infiltrate your computer, corrupt your files and data, and spread itself. Worms are malicious software applications that repeatedly duplicate themselves on local drives, network shares, etc. Trojan is a malicious programme that mimics a legitimate application. Trojans offer unauthorised people and applications access to your computer through a backdoor entry, allowing them to steal sensitive data.

How to Prevent Cyber Crime

Backup every piece of information—data, systems, and considerations—to make it easier for businesses to recover from unforeseen events with the help of prior data.

Pick a firewall that offers protection from viruses, malware, and dishonest hackers.

Never divulge private information to a stranger since they might exploit it for fraud.

To avoid cybercrime, check your security settings—in order to determine if someone has logged into your computer, a cyber firewall analyses your network settings.

Antivirus software aids in identifying potential threats and malware before they infect a computer system. Never use software that has been cracked since it poses a serious risk of data loss or malware attack.

Keep your information protected when accessing untrusted websites—information can readily bypass the data through phishing websites.

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✍️Essay on Cybercrime: Free Samples in 100, 200, 300 Words

Updated on
Apr 26, 2024

The 21st century is a digital age, where any and every task is done on the internet. All thanks to the developments in technology which have been the main factor to ease human life on earth and maybe on other plants in future. But with the benefits of technology, there are several harmful effects, one of them which has recently gained popularity; Cyber Crime.

Cybercrime has emerged as pervasive and evolved as one of the most dangerous threats to humans. There are several users on the internet who indulge in illegal and criminal activities, using computers and networks. To guide you through this hot debate topic, below we have discussed essays on cybercrime.

Table of Contents

1 Essay on Cybercrime in 100 Words
2 Essay on Cybercrime in 200 Words
3 Essay on Cybercrime in 300 Words
4 Short Essay on Cybercrime

Essay on Cybercrime in 100 Words

Cybercrime involves illegal activities like hacking, ransomware, cyberbullying, online fraud, etc. People who are involved in cybercrime or any similar activities are called hackers, scammers or fraudsters. Cybercrime leads to financial loss for individuals who have fallen victim to one. Cybercrime often invades a person’s privacy by stealing their personal details, including sensitive data, photos, and communication records, which can be used for blackmailing or any malicious purpose.

There are several governmental and non-government organizations which are working

To tackle cybercrime by raising awareness among the masses, cyber security training, implementing robust security protocols, and enacting comprehensive cybercrime laws.

Also Read: I Love My India Essay: 100 and 500+ Words in English for School Students

Essay on Cybercrime in 200 Words

Cybercrime is a criminal activity done online using a computer, network and internet. With the increasing use of the internet and mobile phones, the number of criminal activities has also gained pace. These criminal-minded people steal the personal details of a person, which leads to financial losses and damages the reputation of the victims. Various scams and fraudulent schemes are offered on the internet like online auctions, advance fees, or any investment scam, which are all aimed at deceiving individuals into parting with their money.

Cybercrime is not limited to financial losses or reputational damage, a more discrete term has emerged; cyberbullying. In cyberbullying, a person is harassed, humiliated, or threatened online. This can have severe psychological and emotional consequences. Ethical hackers or white hat hackers can help organizations identify vulnerabilities in their systems before malicious hackers exploit them.

Cybercrime doesn’t have any boundaries and is an international issue and international cooperation is crucial for tracking and prosecuting cybercriminals who operate across borders. To combat cybercrime effectively, a multi-faceted approach is required, involving education, technology, legislation, and international cooperation. As technology continues to advance, our efforts to combat cybercrime must keep pace to protect our increasingly interconnected world.

Essay on Cybercrime in 300 Words

Economists have termed cybercrime as ‘ A Hidden Threat to the Digital World.’ Modern humans are relying on the internet for their day-to-day activities and every macro and micro activity. In this sense, the term cybercrime comes to the front. Cybercrime refers to criminal activities conducted through the use of computers, networks, and the Internet.

Cybercrime consists of various malicious activities like hacking, phishing, ransomware attacks, identity theft, online fraud, and cyberbullying. Hackers, fraudsters, scammers, criminals, and even state-sponsored actors exploit vulnerabilities in digital systems to steal sensitive information, disrupt operations, and cause financial and emotional harm to victims.

The consequences of cybercrime are far-reaching. Financial losses run into 10 digits annually, affecting individuals and organizations alike. Personal privacy is invaded as cybercriminals steal sensitive data, photos, and communication records. In cases of cyberbullying and harassment, victims suffer reputational damages, psychological distress, and emotional trauma, particularly in cases of cyberbullying and harassment.

It’s necessary to look for a multifaceted approach to deal with cybercrime, some of which are.

Raising public awareness through campaigns where people are informed about the risks of cybercrime and educate them on best practices for online safety.
Individuals and organizations should implement robust security protocols, regularly update software, and use multi-factor authentication to protect their digital assets.
Governments should enact and enforce cybercrime laws, providing law enforcement agencies with the resources and expertise needed to prosecute cybercriminals effectively.
Looking at the global nature of cybercrime, international collaboration is vital. Countries should work together to share threat intelligence and cooperate in the investigation and prosecution of cybercriminals.
Ethical hackers can help organizations identify and rectify vulnerabilities in their systems before malicious actors exploit them.

Tackling cybercrime requires proactive measures, including education, strong cybersecurity practices, legislation, international cooperation, and the active involvement of ethical hackers.

Also Read: Essay on Green Energy PDF: 150 and 250 Words

Short Essay on Cybercrime

Find the short essay on cyber crime from below:

Cybercrime is an illegal and unethical activity which is done by hackers and fraudsters to gain financial or any other benefits for themselves.

To tackle cybercrime, several measures can be taken. Some of these measures are education and public awareness, research and innovation, ethical hacking, etc.

To write an essay on cybercrime, you need to give details on how it works and the level of danger it poses to humans. Cybercrime consists of various malicious activities like hacking, phishing, ransomware attacks, identity theft, online fraud, and cyberbullying. Hackers, fraudsters, scammers, criminals, and even state-sponsored actors exploit vulnerabilities in digital systems to steal sensitive information, disrupt operations, and cause financial and emotional harm to victims.

For more information about such informative articles, visit our essay writing page and make sure to follow Leverage Edu .

Shiva Tyagi

With an experience of over a year, I've developed a passion for writing blogs on wide range of topics. I am mostly inspired from topics related to social and environmental fields, where you come up with a positive outcome.

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Cyber Crime Essay

Essay on Cyber Crime

Cyber crime is the most discussed issue of the 21st century. The technology sector world wide is witnessing a boom in the consumer of smartphones and the internet which is raising concerns with regard to the privacy and security of the users. Owing to this reason, it is highly essential for all the users to know about cyber crime & security. As a result, thi topic has become the most favorite topic of the examiner and can often be seen asked in the exams. In this view, students must have information on cyber crime and stay prepared to tackle such topics in the essay question in the English paper.

Introduction

Cybercrime is a dangerous attack a company or an individual may face. There are many cases where the cyber attack has brought massive loss to the company and individuals due to the data hack. We live in a technology-driven era, and every piece of information is now fed on computers. Cybercrime involves an attack on computers and digital devices. These cyber-attacks can prove hazardous not just for the organization, but also for the nation. To date, there are many digital attack cases in India and global, pushing for more security measures. These attacks are also affecting the economy of the country if not controlled in the initial stage.

What is Cybercrime?

Cybercrime or attack is defined as the systematic criminal activity occurring digitally

and done by attackers. There are many examples of cybercrime, including fraud,

malware viruses, cyberstalking and others. Due to these, government agencies and

companies are investing more in the maintenance and hiring of cybercrime experts.

Earlier, cybercrime was committed only by individuals or by small groups. However, now a highly complex cybercriminals network work on attacking the system for data

collection.

Three groups of cybercrimes-

This is the form of cyberstalking, trafficking, and grooming. Over the years, this

This type of cybercrime has been taken seriously by law enforcement agencies. It is

now keeping a track over every such attack on an individual.

Similar to the real world where criminals steal the property, in the cyber world,

attackers steal data. Here, the attacker steals a person's bank details and

misuse the credit card for online purchase. By using malicious software, the

attacker attacks the property to disrupt the system of the organization.

These types of crimes are denoted as cyber terrorism. This can be a terror because

the attacker can get hold of essential documents related to government

projects. An enemy nation or terrorist usually makes such attacks. There are

many cases globally where a terrorist hacks government data.

Apart from these, there is a financial crime where the hacker steals the money of the

user account holder. Moreover, they steal company data and finance.

In this type, the computer system of the person is hacked to get personal

information. In many countries, including India, hacking is a punishable act.

It is quite different from ethical hacking. In normal hacking, illegal use

different types of software to enter the system of the target person. Hacker is

then able to monitor every activity done by the person.

This Cybercrime is about violating copyright and downloading music or movies. In

India, many movies before their releases are leaked on the movie download

sites. In other words , theft is also called privacy, which can bring a huge

loss to the organization.

Cyber Stalking

It is online harassment by an individual or a group of people. Normally, these

stalkers target an individual and harass online. There are many cases of

cyberstalking in India, resulting in the target person ending up taking

Malicious Software

These are computer-based cybercrimes where virus-based software is installed in the

target people or organization computers. This is to damage the system and

corrupt the data of the target.

Laws Related to Cybercrime

In India, there are many cybercrime laws enacted to stop this threat. Be it for

the individual or the organization; these laws help to either bring down the

number of cases or eliminate these digital crimes.

Apart from these laws, as an individual, you also need to take steps to stop these

crimes. Like, not providing your login details, installing trust anti-virus

software and keeping your online profile private can help to act against such

Cybercrime is a significant threat that can bring huge loss to the individual and the

organization. It is essential to follow basic online rules to ensure the safety

of self and the organization.

Benefits of Cyber Crime Essay in English provided by Vedantu

The essay on cybercrime provided by Vedantu is prepared by highly qualified teachers which makes it a reliable source of information. This information could be utilized for a variety of reasons. Being a reliable piece of information the essay will benefit everyone curious to know about the topic.

Following are the highlights of its benefits:

Reliable information

Adaptive to the context

Precise language

Fulfills the requirements of the students for english exam questions

Comprehensive and analytical. The article digs in the depth of the issue and analyzes it through a 360 degree perspective.

The essay could also be used by the students for preparing themselves for the essay question in the English paper. This essay is an excellent guide to understand what the examiner is looking for in the exam. Moreover, the topic of cybercrime is quite a recurrent one in the exam. So the students use this essay to deal with the same topic.

The Essay on Cyber Crime is an excellent guide on averting any possibilities of a cyber attack. On today's date, one is mostly on the internet for a variety of reasons. It becomes essential for one to know important tips that can keep one safe from cyberbullies, thieves, or blackmailers. It is also important for one to understand the right course of actions to be taken in an eventuality of such an incident.

Download the cybercrime essay for students in English on the Vedantu website.

FAQs on Cyber Crime Essay

1. How Does Cybercrime Work?

Group of people or an individual commits most of these cyber-crimes. These criminals use a systematic process to hack and commit these acts. These criminal communities share strategies and tools to launch attacks. Some of the cybercrime techniques

Fast Flux - In this method, the hacker moves data quickly among computers in a botnet, making it challenging to find the right source.

Social Engineering - This method includes using lies and manipulation to trick people into revealing their personal information.

Skimmers - This involves installing a skimming tool in an ATM and stealing the information. You may find such skimming devices in ATMs.

There are some digital criminals targeting organizations to steal personal information.

2. How Cybercrime Affects Society?

Cybercrime can hugely affect society. In 2018, the US faced a loss of $600 billion. As consumers are increasingly allowing technologies to get into their lives, cyber attackers are getting better access. Some of the essential information available are-

Personal health data, sleep schedules, and geo-locations Shopping history, account information, and passive conversations noticed voice-controlled devices, Private conversations on social media accounts.

Your entire life is now available on social media, making it vulnerable to hack or cyber-attack. Attackers use different techniques including- installing malware, virus, phishing, cyberstalking, etc. These can certainly bring loss of lives and data for individuals and organizations. For society, this is a significant loss in the long run. One needs to be very careful when presenting himself socially.

3. How to stay secure in times of cybercrime?

Cybercrime is a real threat posing to society. It is the 21st-century version of theft and blackmailing. There are certain ways one should adopt to prevent any possibilities of cybercrime. Do not disclose the banking details to random people or fill the CVV of your debit or credit cards on an unknown and unverified website. Keep your passwords always discrete. The camera of the laptop should always be covered.

4. Where can I get a cybercrime essay?

One can find a good quality cyber crime essay on Vedantu's website. The essay which is prepared by the expert teachers describes everything that one needs to know about cybercrime. It is the one-stop solution for all your requirements on the topic. Their essay is available in PDF format on the website and could be downloaded on any device. One downloaded essay could be used in offline mode too. If one finds it feasible, the printout of the PDF could also be taken out.

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Cyber Crime Essay | Essay on Cyber Crime for Students and Children in English

February 14, 2024 by Prasanna

Cyber Crime Essay: A crime that involves a network and a computer is known as computer-oriented crime or cybercrime. Such a crime affects the security of everything, might be a person, institution or even a nation. The computer is either used to commit a crime or is usually a target. Things that are hacked include information, privacy, data and it is often released out in the open to bring someone or some people down. Cybercriminals can be anyone, even your next-door neighbour or a high functional, advanced organization. Like any other form of criminal activity, cybercrime is committed to gain excess money and finish the lives of people without murder.

You can also find more Essay Writing articles on events, persons, sports, technology and many more.

Long and Short Essays on Cyber Crime for Students and Kids in English

We are providing students with essay samples on an extended essay of 500 words and a short piece of 150 words on the topic Cyber Crime for reference.

Long Essay on Cyber Crime 500 Words in English

Long Essay on Cyber Crime is usually given to classes 7, 8, 9, and 10.

There are various forms and types of Cyber Crime all over the world. Cybercrimes are committed by hackers not only for profit but for personal gains and with aims to damage a person, institution or nation. Internationally, both governmental and non-state institutions engage in cybercrime. Cybercrime is known as cyber warfare as soon as it crosses international borders.

Most cybercrimes fall under two broad categories, namely, Criminal Activity that Targets and Criminal Activities that Uses.

Other categories of cybercrime include, cyberterrorism which is is terrorism committed through a network or a computer, Financial Fraud Crimes, Cyber extortion which is when individuals ask for money in return of stopping malicious attacks on a system, Cybersex Trafficking, Online Harassment, Drug Trafficking, etc. Phishing, Malware Attacks, Denial of services and distributed DoS attacks are few of the most common examples of cybercrime.

Online Harassment is something that is not considered as a form of cybercrime by most people, but it, in reality, is what happens in bulk. Under the category of online Harassment also falls the sub-category of cyber crimes against women, which is defined as ‘crimes targeted against women with a motive to intentionally harm them either physically or psychologically, using modern communication networks’.

Tracing a cybercrime delinquent isn’t the most straightforward task to do because of their use of virtual spaces and attacks from various parts. It has been recorded that in 2018 The Internet Crime Complaint Sector received 351,937 complaints alone.

Sine, everything you do on a computer or a network is recorded one way or the other, getting hold of the criminals isn’t impossible.

Since many developing countries like the Philippines have underdeveloped laws regarding cybercrime and cybersecurity, it becomes easy for cybercriminals to use the underdeveloped laws of the developing countries to remain undetectable and anonymous.

With the rise of the increase of technology, cybercrime has become a critical part of the society, and majors like that of Cyber Security have been established in many universities, hence, becoming an integral part of the academic system.

You can now access more Essay Writing on Cyber Crime topic and many more topics.

Since the age of computers and technology is rising every day, our lifestyles are becoming computer-dependent, and everything is stored on there. As the main aim of cybercriminals is the breach of privacy, things become simpler for them.

One major step towards prevention of cybercrime is the spread of Awareness. There are many individuals who aren’t comfortable using a computer, and hence they are more prone to cybercrimes. People don’t know how much and to what extent things can be done with the help of technology and computers; once, people are made aware of all these factors, a little wall of prevention can be created. Updated software and use of reliable anti-virus software are critical practices in preventing cybercrimes.

The phrase, ‘prevention is better than cure might be old but has been relevant since forever and is relevant in today’s technology-dependent world full of all sorts of crime.

Short Essay on Cyber Crime 150 Words in English

Short Essay on Cyber Crime is usually given to classes 1, 2, 3, 4, 5, and 6.

Crime synonymous with the use of computers and network as means or targets is known as computer crime or cybercrime. Cybercrime is not a new word for anyone living in the 21st century, but not many know in how many forms they are present.

Some of the most relevant forms of cybercrime are online Harassment, even though some might not give too much attention to it, it is part of the heinous umbrella term. Drug Trafficking, Cyber Warfare, Cyber Extortions, etc. are a few other famous forms of cybercrime.

The cybercriminal can either use a computer to commit the crime or have another computer as his aim. Most of these criminals commit cybercrimes for money, no matter the reason, their primary objective is to a breach of privacy. Since most people have their lives saved on computers, they need to be extra cautious, which will only be possible through education and Awareness.

10 Lines on Cyber Crime Essay in English

1. Crimes committed by using a network or computer is known as cybercrime. 2. Cybercriminals either use the computer as a tool to commit the crime or aim the computer to commit the crime. 3. Online Harassment, no matter what anyone says, is a significant and ubiquitous form of cybercrime. 4. Most cybercriminals resided in America since America’s development with the computer was faster than that of any other country, but now, no place is devoid of cybercriminals. 5. Cyber-crimes can bring down a person, an institution or even a whole nation with the breach of privacy. 6. Cyber Criminals use underdeveloped laws of the developing countries to manipulate records and remain anonymous; hence laws need to be made stricter. 7. Education and Awareness are the initials steps taken to prevent cybercrimes from taking place. 8. One needs to have a reliable anti-virus service and have all their software updated if they want to prevent cybercrimes. 9. Cyber Security has become an integral part of the curriculum in developed countries in the past few years. 10. Anyone can be a cyber-criminal. They can be a well-structured organization or a novice hacker.

FAQ’s on Cyber Crime Essay

Question 1. How to prevent cyber crimes?

Answer: The best way of prevention is by keeping everything updated and secure with a reliable anti-virus service.

Question 2. How to file cybercrime reports?

Answer: Almost all countries have a cybersecurity cell, and their contact information is available online easily.

Question 3. Is Online Harassment Cyber Crime?

Answer: Yes, it is; please report the individual as soon as possible.

Question 4. Is it very hard to catch cybercriminals?

Answer: Yes, it is hard to catch cybercriminals but not impossible.

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116 CyberCrime Topics & Essay Samples

If you are writing a cybercrime essay, our team prepared this article just for you. Here, you will find 115 unique topics for any type of paper.

Essay on Cyber Crime | 500+ Words

Cybercrime is like a shadow lurking in the digital world, ready to harm us. In this essay, we will explore the world of cybercrime, its types, consequences, and how we can protect ourselves in the digital age.

Defining Cybercrime:

Cybercrime involves illegal activities conducted online. These crimes can harm individuals, organizations, and even entire nations.

The Digital Revolution

The rise of technology has brought convenience but also vulnerabilities. Cybercriminals exploit these vulnerabilities for personal gain.

Types of Cybercrime

Cybercrime takes many forms, including hacking, identity theft, online scams, and cyberbullying. Each poses unique risks and challenges.

Hacking and Data Breaches

Hackers gain unauthorized access to computer systems, stealing valuable data. These breaches can lead to financial loss and privacy violations.

Identity Theft

Identity theft involves stealing personal information for fraudulent purposes. Victims can face financial ruin and emotional distress.

Online Scams

Scammers trick people into giving away money or personal information. Awareness and skepticism are key defenses against these scams.

Cyberbullying

Cyberbullying involves using the internet to harass or harm others. It can have devastating effects on mental and emotional well-being.

The Impact of Cybercrime

Cybercrime has far-reaching consequences, affecting individuals, businesses, and governments. It erodes trust and security in the digital world.

Financial Loss

Victims of cybercrime often suffer financial losses. Recovering stolen funds can be challenging, and the impact can be long-lasting.

Emotional Toll

The emotional toll of cybercrime can be severe. Victims may experience fear, anxiety, and a loss of trust in online interactions.

Expert Opinions on Cybercrime

Experts in cybersecurity emphasize the importance of vigilance, education, and strong security measures in protecting against cyber threats.

Cybersecurity Measures

Protecting against cybercrime requires cybersecurity measures like strong passwords, antivirus software, and regular software updates.

The Role of Education

Education about online safety is vital. Schools and organizations should teach digital literacy and cybersecurity from an early age.

Online Privacy

Protecting online privacy means being cautious about sharing personal information and understanding the importance of data protection laws.

Reporting Cybercrime

Reporting cybercrime to law enforcement is crucial. It helps track down cybercriminals and prevent further harm.

International Cooperation

Cybercrime is a global issue. International cooperation and laws are essential to combating it effectively.

The Future of Cybersecurity

As technology evolves, so do cyber threats. Ongoing research and innovation in cybersecurity are essential to staying ahead of cybercriminals.

Conclusion of Essay on Cyber Crime

In conclusion, cybercrime is a digital menace that affects us all. Whether it’s hacking, scams, or cyberbullying, the consequences can be devastating. However, we can protect ourselves by staying informed, practicing good cybersecurity habits, and reporting cybercrime when it occurs.

The digital age has brought us incredible opportunities, but it has also brought risks. It is our responsibility to navigate this digital world with caution and vigilance. By doing so, we can reduce the impact of cybercrime and make the internet a safer place for everyone. Cybersecurity is not just a personal responsibility; it’s a collective effort to keep our digital world secure and trustworthy.

Also Check: The Essay on Essay: All you need to know

A Journal of Law, Technology & Society https://script-ed.org?p=695

A Journal of Law, Technology & Society

Criminal law and Cyberspace as a Challenge for Legal Research

Bert-Jaap Koops *

The Internet transforms crime and crime-fighting, which has fundamental implications for the law and legal research. Since online and offline activities are seamlessly integrated, cybercrime is no longer a specialist field but affects the core of 21st-century criminal law. The transformation of crime exposes gaps in substantive and procedural criminal law, creating three types of challenges. First, regulatory challenges, e.g., how to deal with sovereignty and jurisdiction conflicts in borderless cyberspace. Second, normative challenges, such as value conflicts related to Internet content. Third, technological challenges, related to secure computing and value-sensitive design. The interplay of these challenges should lie at the heart of criminal-law research in the cyberspace age.

Classic legal research often addresses problems in a one-dimensional manner: the law is taken as a given and then applied to a societal issue, or a social development is used to argue why and how the law should change. However valuable such research can be, legal research needs to factor in the role that technology increasingly plays in law and society, as well as the process of the mutual shaping of regulation, technology, and society. This calls for multidisciplinary research aiming for prudent solutions to regulatory problems. If criminal law is to stay abreast of the 21 st century challenges of crime permeated by cyberspace, dogmatic understanding of the criminal law system itself no longer suffices. Rather, researchers need to be well-versed in regulation theory, adopting concepts like the regulatory tool-box and multi-level governance, to meet the challenges of globally, digitally networked crime.

Cite as: B-J Koops, “Criminal law and Cyberspace as a Challenge for Legal Research”, (2012) 9:3 SCRIPTed 354 http://script-ed.org/?p=695

DOI: 10.2966/scrip.090312.354

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 UK: Scotland License .

1. Introduction

The media regularly report stories of different forms of cybercrime, with varying degrees of seriousness. The lonesome hacker who manages to penetrate the system of a multinational and who copies a customer-record database. The group that calls itself Anonymous, blocking websites of companies that do things Anonymous don’t approve of (such as cutting off payments to WikiLeaks). The mysterious virus that brings down Iranian power-plants. The clumsily phrased email, asking to ‘contact attorney Mzulukwulu to retrieve your inheritance’ from a Zambian widow you’ve never heard of.

However fascinating such examples are, should they be of interest to anyone but the odd specialist in law & technology studies? Do not the average criminal lawyer and the average legal researcher have to address rather more important things, things that happen in the real world and that have physical rather than virtual consequences?

I would argue that the answer to both questions is no. Cyberspace should interest everyone who is involved in criminal law. The classic view of cybercrime, centred on the lonesome, nerdy hacker, is largely based on fiction, a fiction from the 1980s and 1990s. [1] Reality has changed dramatically, causing a step-change in cybercrime and its consequences for the ‘real world’. [2] Cybercrime is no longer about peer reputation among whiz kids, it’s all about money – big money. A considerable black market caters for all kinds of criminals, where you can buy a bunch of credit-card numbers (including the codes on the back) for a couple of dollars, or rent a network of zombie computers for an hour to spread your spam or block your favourite villain’s website. [3] Moreover, as the Internet integrates seamlessly into our economy, politics, and social life, any attack on or from cyberspace is an attack on the real world. Cybercrime is real crime, and increasingly, real crime has a cyber-element to it.

In this paper, I want to investigate the challenges that cybercrime and cyberspace bring to the law, and consequently also to legal research, based on the premise that the Internet has become so fundamental a part of life that it can no longer be ignored by criminal law or research in criminal law. After sketching the characteristics of the Internet and cybercrime and highlighting some tensions that these bring to the functioning of criminal law (section 2), I will discuss the consequent challenges for law and legal research. At a conceptual level, these challenges are threefold in character: regulatory, normative, and technical. The challenges are inextricably intertwined, however, and I argue that it is the mutual shaping of regulation, norms, and society that should be the focal point of analysis (section 3). This leads to the conclusion that criminal-law research requires a broad perspective on regulation and a multidisciplinary approach (section 4).

2. The Internet, Cybercrime, and Criminal Law

2.1. the opportunity structure for cybercrime.

The Internet is global and allows for real-time connections between people regardless of their location. Hence, time, distance, and borders are much less important than in traditional crime. Being a network of networks that allows for automated processing and transfer of digitised data at the speed of light, on an unprecedented scale, the Internet is transforming many aspects of society. Because of these characteristics, it also provides special opportunities to commit crimes, which is important from a criminological perspective:

Routine activity theory (and, indeed, other ecologically oriented theories of crime causation) thus appears of limited utility in an environment that defies many of our taken-for-granted assumptions about how the socio-interactional setting of routine activities is configured. [4]

Crime in which computer networks are the target or a substantial tool are usually called ‘cybercrimes’. The committing of these crimes is facilitated by a combination of many characteristics of the Internet, which together create a unique opportunity structure for cybercrime. These characteristics are: global reach, deterritorialisation, flexible network structure, anonymity, distant offender-victim interaction, manipulability of data, automation of crime, massive scale, aggregation of negligible damages, targeting information as a commodity, limitations to capable guardianship, and rapid innovation cycles. [5]

This opportunity structure supports the suggestion that ‘cybercrime’ does indeed represent the emergence of a new and distinctive form of crime. [6] Even if cybercrime to some extent recreates traditional forms of crime, such as fraud, theft, and sabotage – representing old wine in new bottles – its scale and variety imply that ‘we are dealing with an awful lot of wine in very many, differently shaped and capacious bottles’. [7]

Convictions for these crimes are still relatively rare (compared to other crimes), but this does not mean cybercrime is not prevalent. [8] Theory and anecdotal evidence suggest that cybercrime is becoming organised, large-scale, diversified with increasing division of labour, and it is expected to develop increasing ties with offline organised crime. [9] Indeed, because of the network effects of globalisation, the information economy, and the automation of victim-offender relationships, the Internet is transforming the way crime is being committed, resulting in a move from traditional, physical crime in the direction of cybercrime. [10]

2.2. Cybercrime and Criminal Law

Sometimes, cybercrimes can be relatively easily dealt with in the existing legal system. A cyber-variant of a traditional crime can be punishable under an existing provision, such as forgery, [11] or it can be made punishable by reformulating the provision (e.g., by adapting the provision on fraud to include obtaining computer data through false pretences). However, it is not easy to bring more computer-specific offences, such as those targeted at the confidentiality, integrity, or availability of computer systems, under traditional provisions, so that computer-specific offences need to be introduced in the criminal law. And legislatures cannot rest at that: on-going developments in computer technology require the legislature to remain ever vigilant to fill gaps in criminalisation, for example, to deal with new forms of identity theft or search-engine manipulation.

More important even than gaps in substantive law, are potential limitations in procedural law. The existence of ‘data havens’- countries in which certain forms of cybercrime are not penalised, and which therefore cannot provide mutual legal assistance in the absence of double criminality – is a familiar spectre in cybercrime debates. Moreover, mutual legal assistance is traditionally too slow to deal with investigation in cyberspace, where evidence can be destroyed with a few mouse clicks or moved from Belgium to Belize within seconds.

National and international legal instruments are doing their best to fill existing gaps in substantive and procedural law. For example, the Council of Europe’s Cybercrime Convention [12] has done a good job in ensuring minimum levels of adequate legislation and enhancing mutual assistance among the currently thirty-seven party states, and it is serving as a model for legislation in non-member states as well.

But the problems go deeper than possible gaps in substantive and procedural law. First, cybercrime challenges some fundamental concepts of criminal law. In the 1980s and 1990s, many countries discussed whether computer data should be considered property, mainly with a negative answer, since data are intangible and multiple while property is more physical and has unique ownership. The issue seemed to have been addressed satisfactorily, but is now back on the agenda with the advent of ‘virtual goods’, such as objects with unique ownership in online games or virtual worlds that are worth real-world money. The Dutch Supreme Court recently ruled that, depending on the circumstances, such virtual goods could be the object of theft, [13] thus considerably expanding, or at least re-interpreting, the notion of ‘property’ in criminal law. Another example of challenged concepts, at a different level, is the de minimis principle that behaviour should only be criminalised if it causes more than a minimum level of harm. Some forms of cybercrime may not pass this minimum threshold for individual persons. For example, a computer virus that slows down your computer and that requires some effort to remove, but because millions of people can be affected, the net result could constitute considerable harm at a societal level. And even if the act is punishable in theory, which country will take up investigation and prosecution if a relatively small portion of the global victims, each with small amounts of harm, lives in its jurisdiction? [14]

Second, the investigation of cybercrimes poses considerable problems. Even disregarding the issue of cross-border investigation and mutual legal assistance, investigating and prosecuting a cybercriminal requires substantial effort as well expertise, both of which, in a context of scarce resources, could be dedicated to other crimes that are easier and more efficient to prosecute, or that rank higher on the political agenda. Finding and securing digital traces is a specialist job, and even if sufficient digital evidence of a cybercrime is found, this usually traces back to the perpetrator’s computer, but not necessarily to the person who was behind the computer at the material time. There is also a lack of formal standardisation or legal procedures for collecting, preserving, and presenting digital evidence, thus calling the evidence’s reliability into question.

Third, and perhaps most importantly, cyberspace confuses the boundaries of criminal law. Increasing attention is being paid to cyber-warfare, in addition to risks of cyber-terrorism which have been recognised for some time. The doctrinal distinction between crime, terrorism, and international armed conflicts hinges on the perpetrator (an individual, a group, or an organisation associated with a state?) – and his motivation (personal gain, implanting terror, disrupting society or overthrowing the government?). While this distinction theoretically also applies to the cyber-variants of crime, terrorism, and warfare, it is very difficult to ascertain who exactly is behind a cyber-attack and what exactly the attacker’s motivation might be. The difficulty of attribution presents immense challenges in fashioning an appropriate legal response. For example, which institution should take the lead in the response – the public prosecutor, the security agency, or the ministry of defence? [15] But also closer to the area of criminal law itself, the Internet facilitates state interventions that cannot be neatly categorised as a criminal investigation, a prosecution, or an execution of sanctions. Intelligence-led policing, with large-scale data collection and data mining in its wake, is often not targeted at a specific crime but rather at wide-ranging groups of ‘interesting people’. Resulting interventions are not necessarily focused on preparing a criminal trial, but at taking certain administrative decisions or at simply disrupting possible criminal behaviour. Such practices of criminal law do not fit well in the traditional scheme of crime → investigation → criminal trial → criminal sentence. This requires us, among other things, to rethink the legal protection of citizens in the form of new checks and balances in the criminal legal system. [16]

3. Challenges for Law and Legal Research

While the previous section highlighted some of the more fundamental problems that criminal law faces through the Internet and cybercrime, here I want to tie these problems together at a conceptual level, in order to better understand the challenge of cyberspace for law and legal research. The aim of law is to regulate society, and criminal law is a particular type of law meant to address particularly pressing social problems that other regulatory instruments cannot sufficiently address themselves. While (criminal) law mediates between regulator and regulatees, technology mediates between developers or suppliers of technology and technology users. Moreover, the behaviour of people – regulatees and technology users – is also shaped by the norms embedded in particular social contexts, often in the form of institutions (cultures, traditions, practices). This can be schematised as follows:

I suggest that the challenge of cyberspace to the law and legal research is found in all three dimensions of this scheme. Thus, we can distinguish regulatory, normative, and technical challenges. I will illustrate each dimension of the challenge by discussing some illustrative examples in the following sections.

3.1. Regulatory Challenges

One of the most fundamental tenets in criminal law is national sovereignty. More than any other area of the law, criminal law is tied up both with the cultural values of a nation and with the sovereign exercise of power over citizens on a territory. There is an obvious tension between the global character of the Internet and the nation-based exercise of criminal law. The practical solution regulators have found to deal with this tension is to harmonise national laws and to co-operate with mutual assistance as much as possible. [17] But ‘as much as possible’ leaves much room for national divergence. Is this pragmatic approach, which does little to address the issue of national sovereignty, sustainable in the longer term?

Around the year 2000, two Russian citizens, Alexey Ivanov and Vasily Gorshkov, were lured to the United States by the FBI, who tricked them into giving their passwords and subsequently accessed their Russian computers to obtain evidence of hacking. The US court convicting Gorshkov and Ivanov found that Russian law had not been violated by the extraterritorial FBI search; however, Russia filed charges against the FBI officials for hacking computers on Russian territory. [18] A similar discrepancy of views on sovereignty can be seen in countries collecting data stored abroad by asking the voluntary help from service providers, such as Google, to retrieve someone’s e-mail messages. According to Art. 32(b) of the Cybercrime Convention, this data collection is lawful if the service provider is in the lawful position – typically stipulated in the general terms and conditions – to forward the data to the foreign authorities. This is contested, however, not only by Russia but also by Slovakia and Ukraine, both parties to the Cybercrime Convention. [19] This illustrates fundamental differences of opinion among regulators about how Internet searches should be regulated, based on diverging interpretations of threats to national sovereignty.

Another example of cybercrime’s challenge to sovereignty can be seen in jurisdiction claims over cybercriminal acts. While most countries claim jurisdiction based on the location of the act, including its effects, and sometimes on grounds of nationality of the perpetrator or victim, some countries have extremely wide-reaching jurisdiction claims. [20] Malaysia’s Computer Crime Act applies “if, for the offence in question, the computer, program or data was in Malaysia or capable of being connected to or sent to or used by or with a computer in Malaysia at the material time”. [21] Since all computers nowadays – including smartphones – are ‘capable of being connected’ to a Malaysian computer, any cybercrime can in theory be prosecuted by the Malaysian authorities. Even without such broad provisions, jurisdiction might easily be established over foreign websites. In the case of Joseph Weiler, a US journal editor who was sued in France for an allegedly defamatory book review, the French court applied the standard that the book review, hosted in the US, should be considered to have been published in France, and therefore falling under French jurisdiction, if the book review “[were] accessible from France or [were] actually consulted in France” at the material time. Since the complainant in this case had not provided evidence that someone from France had actually consulted the website, France did not have jurisdiction. [22] Yet this standard implies that if someone can provide evidence that a foreign website was accessible in a certain country – which is easy to do – that country can claim jurisdiction over the website.

Such provisions not only raise questions about the adage that every citizen is supposed to know the law (should Internet users study the laws of all countries which they “are capable of connecting to” when entering cyberspace?) but also about jurisdiction conflicts, arising from the fact that many countries can claim jurisdiction over a cybercrime at the same time.

These examples may serve to illustrate the regulatory challenge that cyberspace poses to national sovereignty as a fundamental element of criminal law. While countries are very hesitant to give away sovereignty by allowing foreign criminal investigations in its territory, but at the same time rather liberal in claiming jurisdiction over cybercrimes, tensions such as those between Russia and the US are bound to emerge more often as cybercrime continues. Legal research has a prime topic here to try and find ways to make global cybercrime-fighting compatible with the political reality of national sovereignty.

3.2. Normative Challenges

Yahoo! hosted a website where Nazi memorabilia were offered for sale. Although the website was hosted on US servers, Yahoo! was taken to a court in France by the Ligue contre le racisme et l’antisémitisme and the Union des étudiants juifs de France. The French court found the website in violation of the French Criminal Code and ordered Yahoo! to make the website inaccessible to French netizens. Yahoo! subsequently went to a US court to claim its First Amendment right to publish the website. The District Court ruled the French verdict to be inapplicable in the US. This was overturned by the Court of Appeals which found that the court had no personal jurisdiction over the French litigants. [23] Although the French court only ordered Yahoo! to make the content unavailable to French users, the service provider chose to take down the site altogether.

The case is an eminent illustration of the conflict of values that may emerge on the Internet, where content that is lawful in one country can be illegal in another. This has led to an increasing use of geolocation to fine-tune Internet content to the country (or states in a federal jurisdiction) of website viewers. [24] Nowadays, most Internet Protocol (IP) addresses are fixed and traceable to a certain country that distributed the IP address, which enables the service provider to recognise the geographic origin of web-users. As a result, Google, for example, shows different search results for certain terms depending on whether one uses google.de, google.nl, or google.com. Still, it is challenging, perhaps even impossible, to satisfy all countries’ normative standards for content. Many Asian countries, for example, have provisions outlawing pornography or other content considered immoral, often using fuzzy terms that can be interpreted according to current moral standards. For example, the Indonesian Information and Electronic Transactions Act prohibits the distribution or causing to be accessible of ‘electronic information and/or electronic documents with contents that violate decency [ kesusilaan ]’. [25] Of course, service providers are in no position to determine which content violates current Indonesian standards of decency, and geolocation technologies will therefore not help to prevent conflicts over website content in different value systems.

Another key example of conflicting values is the online battle over intellectual property rights (IPR), where Internet users, activist groups, content providers, and collective IPR organisations have rather different views on what are acceptable forms of content sharing. This has not only led to courts ordering ISPs to block access to file-sharing websites, but also to laws, such as the French HADOPI, requiring access providers to cut off users from the Internet if they systematically infringe copyrights. [26] The value conflict between (intellectual) property and free access to information will continue to rage for a considerable period of uncertainty, which will see varying legal instruments for stricter copyright enforcement as well as new business models for innovative content exploitation. [27]

What these examples illustrate is a key normative challenge in cybercrime law and research. That is, how to reconcile the existence of varying local value systems with the global spread of content that is one of the core assets of the Internet? This question lies at the heart of what Brownsword terms ‘regulatory cosmopolitanism’, or the aim of globally safeguarding fundamental or universal values with an appropriate margin for legitimate local differences, arguably one of the most fundamental challenges in Internet regulation. [28]

3.3. Technical Challenges

The Internet has evolved since the 1960s into an extremely complex network with a variety of protocols to route traffic as efficiently and robustly as possible. The open character of the Internet, with its focus on ‘intelligence at the ends’ – add-ons of applications and content by end-users – rather than in the infrastructure itself, comes with the downside of making it difficult to prevent malicious exploitation of weaknesses in the system. If we were to build the Internet now, it would be possible to devise an infrastructure that is much more robust against malware and network attacks, but the historical legacy of the Internet does not allow us to rebuild it from scratch. The challenge, therefore, is to build in security without curtailing too much of the openness of the existing system. [29]

Several fields take up this challenge by focusing on technical solutions, such as non-manipulable end-user software and hardware [30] or mandatory authentication of Internet users. [31] Such solutions, however, face substantial obstacles of scalability, industry or user adoption, and the impossible-to-exclude possibilities for circumvention by malicious users. As a result, some proposals rely on a combination of technical measures with user education, even including the ultimate remedy of making end-users criminally liable for insufficient computer security if that leads to their computers being abused by others to commit cybercrimes. [32] Although user education may help to obtain a reasonable level of average security, cybercrime often exploits vulnerabilities in ways too sophisticated to be blocked by your average firewall or virus scanner. Enforcing criminal liability on zombie-computer owners for being an accessory to cybercrimes is therefore unfair and ultimately ineffective as a punitive measure. But how then should the responsibilities be distributed over the various Internet actors to improve computer security? A key technical challenge is to come up with robust and scalable security measures that are compatible with a fair distribution of responsibilities and liability among technology developers, intermediaries, and end-users.

3.4. The Mutual Shaping of Regulation, Society, and Technology

Distinguishing between regulatory, normative, and technical challenges may be a helpful way of putting the challenge of cyberspace to criminal law into perspective. Generally speaking, these challenges address different stakeholders: regulators, society, and technology developers, respectively. However, the distinction is artificial, in that the illustrative challenges I described are not restricted to a single dimension or to a single stakeholder. Indeed, to solve the puzzles one needs to engage with all dimensions to get the whole picture. For example, the issues of sovereignty in cross-border criminal investigation and jurisdiction over cybercrimes (described above as a primarily regulatory challenge) closely relates to differences in national value systems and to technical issues of geolocating ‘addresses in cyberspace’. Secure computing may be primarily a technical challenge, but it is intricately interwoven with the distribution of moral responsibilities and legal liability.

The main reason why the dimensions are closely knit, is that regulation, social norms, and technology are not set in stone and do not evolve in isolation. The law, social behaviour, and technology mutually influence each other, in a process of mutual shaping. [33] The law not only steers the development or use of technology, for example by safety product specifications or criminalisation of ‘misuse of devices’ (as in Art. 6 Cybercrime Convention) – the law also changes due to technological developments, for example when computer-generated child-abuse images are criminalised even though no children have been abused to make them, or when surveillance powers for criminal investigation are broadened through the advent of technologies such as automatic number-plate recognition. Moreover, these changes in law and technology interact with norms and social practices. For example, the ‘reasonable expectation of privacy’ – a primary yardstick in US Fourth Amendment case-law but also in the application of Art. 8 of the European Convention on Human Rights – partly depends on the extent to which a technology is in use with the general public. [34] The advent of social-networking sites also influences our conception of the public sphere, given the social practice of people publishing on (semi-)open spaces content that is often intended for specific audiences rather than for the general public. This raises questions on what the police can do to automatically monitor open-source spaces in the context of criminal investigations. Can the offline norm of reasonable expectation of privacy based on offline street surveillance be transposed to online surveillance of digital highways, or should we rethink how we conceive of this norm under the influence of what happens on the Internet?

4. Conclusion: The Way Forward for Legal Research

Classic legal research often addresses problems in a rather one-dimensional manner. Frequently, the law is taken as a given and then applied to a societal issue. One can, for instance, argue how harassing someone by creating a fake Facebook profile might be considered a form of stalking and is therefore subject to prosecution on that basis. Sometimes, a social development is taken as a given, and used to argue why and how the law should change. For example, the move from downloading to streaming video in child-porn networks implies that people no longer have child-abuse image in their possession but watch it in real-time online, thereby implying that not only intentional possession, but intentional access to child pornography should be criminalised as well.

However valuable such legal research can be, technology, and the role it plays in the interaction of law and society may provide the often missing link. Technology is shaped by, and at the same time itself shaping, social behaviour and legal and moral norms. [35] This implies that technological developments should not be taken for granted when they trigger legal or regulatory questions. Legal research needs to factor in the role that technology increasingly plays in law and society, in the process of the mutual shaping of law, society, and technology.

If criminal law is to stay abreast of the challenges of crime in the 21 st century, researchers need a broad perspective on regulation. A thorough dogmatic understanding of the criminal law system itself, focusing on concepts such as actus reus or equality of arms, no longer suffices to deal with crime permeated by cyberspace. The advent of organised, money-driven cybercrime that systematically exploits vulnerabilities in the Internet infrastructure to commit cyber-attacks on a global scale requires more complex analyses than merely asking how the cyber-attacks relate to substantive criminal provisions. The affordances of Internet investigations also call for in-depth reflection on the role of criminal investigation in a digitally networked world. We are challenged to rethink the boundaries of criminal investigation itself and to reinvent legal checks and balances in a practice of prevention-driven interventions, where the trial in court can no longer serve as the major touchstone of legal protection.

This implies that criminal law researchers need to be at least as well-versed in regulation theory as they are in criminal law dogmatics. Rather than considering law the only regulatory game in town, researchers should look at all the tools of the regulatory tool-box: besides law, also social norms (such as ethical values or social supervision by capable guardians), market mechanisms (such as business models and pricing mechanisms), and architecture or technology (such as road-bumps or filtering systems) can be used to steer human behaviour. [36] Criminological theories, such as routine activity theory and situational crime prevention, [37] provide additional insights to guide the development of criminal law and legal research in the area of cybercrime. [38] And given the global character of cyberspace, issues of criminal law must be addressed in awareness of the concept and practice of multi-level governance. [39]

Besides familiarity with such elements from regulation theory, the examples of regulatory, normative, and technical challenges also show the need for a multidisciplinary approach. If we aim for prudent solutions to regulatory problems, a purely legal perspective is too narrow. Insights from information science, public policy, Internet sociology, and network economics need to be factored in, if we want to prevent inventing legal solutions that look well on paper but that fail in practice. Ideally, multidisciplinary research should evolve into a truly interdisciplinary undertaking, that is, an approach in which legal, social, and technical theories, practices, and methods are integrated into a unified methodology. Only then are we really equipped to help criminal law find solutions for the problems caused by crime in a globally, digitally networked world.

* Professor of Regulation and Technology, TILT – Tilburg Institute of Law, Technology, and Society, Tilburg University, The Netherlands.

[1] D Wall, “Cybercrime and the Culture of Fear: Social Science Fiction and the Production of Knowledge about Cybercrime” (2008) 11 Information, Communication & Society 861-884.

[2] D Wall, Cybercrime. The Transformation of Crime in the Information Age , (Cambridge: Polity, 2007).

[3] B Sandywell, “On the globalisation of crime: the Internet and new criminality” in Y Jewkes and M Yar (eds) Handbook of Internet Crime, (Cullompton: Willan Publishing, 2010) 38-66, at 51.

[4] M Yar, “The Novelty of ‘Cybercrime’: An Assessment in Light of Routine Activity Theory” (2005) 2 European Journal of Criminology 407-427, at 425.

[5] BJ Koops, “The Internet and its Opportunities for Cybercrime” in M Herzog-Evans (ed) Transnational Criminology Manual, Vol. 1, (Nijmegen: WLP, 2010) 735-754, at 740-741.

[6] M Yar, “The Novelty of ‘Cybercrime’: An Assessment in Light of Routine Activity Theory” (2005) 2 European Journal of Criminology 407-427, at 407.

[7] Y Jewkes and M Yar, “Introduction: the Internet, cybercrime, and the challenges of the 21st century” in Y Jewkes and M Yar (eds) Handbook of Internet Crime, (Cullompton: Willan Publishing, 2010) 1-8, at 3.

[8] RG Smith et al, Cyber criminals on trial , (Cambridge; New York: Cambridge University Press, 2004), at 25-29.

[9] BJ Koops, “The Internet and its Opportunities for Cybercrime” in M Herzog-Evans (ed) Transnational Criminology Manual, Vol. 1, (Nijmegen: WLP, 2010) 735-754 at 744-745.

[10] D Wall, Cybercrime. The Transformation of Crime in the Information Age , (Cambridge: Polity, 2007).

[11] For a leading Dutch case, see Hoge Raad [Supreme Court] 15 January 1991, Nederlandse Jurisprudentie 1991, 668.

[12] Convention on Cybercrime, Budapest, 23 November 2001, CETS 185.

[13] Dutch Supreme Court [Hoge Raad] 31 January 2012, LJN BQ9251.

[14] See generally on the de minimis problem, D Wall, Cybercrime. The Transformation of Crime in the Information Age , (Cambridge: Polity, 2007).

[15] SW Brenner, Cyberthreats: the emerging fault lines of the nation state , (Oxford; New York: Oxford University Press, 2009).

[16] BJ Koops, “Technology and the Crime Society: Rethinking Legal Protection” (2009) 1 Law, Innovation & Technology 93-124.

[17] U Sieber, General Report on Internet Crimes for the 18th International Congress of the International Academy of Comparative Law Washington D.C. 2010, (2010) at 83-85.

[18] See JR Herrera-Flanigan, “Cybercrime and Jurisdiction in the United States” in BJ Koops and SW Brenner (eds) Cybercrime and Jurisdiction, (The Hague: TMC Asser Press, 2006) 313-325, at 322-323.

[19] The Cybercrime Convention Committee (2008) Compilation of responses to questionnaire for the parties concerning the practical implementation of the Cybercrime Convention . T-CY (2008) 01, Strasbourg, 11 March 2008 at 28; Committee of Experts on the operation of European conventions on co-operation in criminal matters (2008) Replies on Mutual Legal Assistance in Computer-Related Cases . PC-OC (2008) 09rev, Strasbourg, 1 December 2008 at 6.

[20] SW Brenner and BJ Koops, “Approaches to Cybercrime Jurisdiction” (2004) 4 Journal of High-Technology Law 1-46.

[21] Art. 9 Malaysia Computer Crimes Act.

[22] Tribunal de Grand Instance de Paris 3 March 2011, Public Prosecutor v Weiler, unofficial translation available at http://www.ejiltalk.org/wp-content/uploads/2011/03/Public-Prosecutor-v-Weiler-judgement-March-3-2011-3.pdf (accessed 28 Oct 2012).

[23] Tribunal de Grande Instance Paris, 20 November 2000; United States Court of Appeals, Ninth Circuit, 433 F.3d 1199 ( Yahoo! Inc. v . LICRA and UEJF ), 12 January 2006.

[24] See, e.g., JR Reidenberg, “States and Internet Enforcement” (2004) Univ. of Ottawa Tech. L. J. 213ff; J Mason Kjar, “2 Obscenity Standards 1 Neat Solution How Geotargeting Extends Traditional Obscenity Law to the Internet” (2012), Case Western Reserve Journal of Law, Technology & the Internet 2(2).

[25] Art. 27 of Law No 11 of 2008 (translation by Dewi Avilia). A similar provision is found in article 282 of the Indonesian Criminal Code.

[26] See T Rayna and L Barbier, “Fighting Consumer Piracy with Graduated Response: An Evaluation of the French and British Implementations” (2010) 6 International Journal of Foresight and Innovation Policy 294-314.

[27] S Katyal, “Filtering, Piracy Surveillance, and Disobedience” (2009) 32 Columbia Journal of Law and the Arts 401-426.

[28] R Brownsword, “Regulatory Cosmopolitanism: Clubs, Commons, and Questions of Coherence” (2010), TILT Law & Technology Working Paper No. 018/2010, http://ssrn.com/abstract=1715445 (accessed 28 Oct 2012).

[29] See, generally, J Zittrain, The future of the Internet and how to stop it , (New Haven Conn.: Yale University Press, 2008).

[30] See Wikipedia, “Trusted Computing” (2012) available at http://en.wikipedia.org/wiki/Trusted_Computing (accessed 28 Oct 2012).

[31] See, e.g., Microsoft, “Sender ID” (2008) available at http://www.microsoft.com/mscorp/safety/technologies/senderid/default.mspx (accessed 28 Oct 2012).

[32] SW Brenner, “Distributed Security: Moving Away From Reactive Law Enforcement” (2004) International Journal of Communications Law & Policy , available at http://ijclp.net/old_website/Cy_2004/pdf/Brenner_ijlcp-paper.pdf (accessed 28 Oct 2012).

[33] Cf. WE Bijker and J Law (eds), Shaping technology/building society: studies in sociotechnical change , (Cambridge, Mass.: MIT Press, 1992).

[34] BJ Koops and R Leenes, “”Code” and the Slow Erosion of Privacy” (2005) 12 Michigan Telecommunications & Technology Law Review 115-188. For a recent example in Dutch case-law, see District Court ’s-Gravenhage 23 December 2011, LJN BU9409, finding that defendant did not have a reasonable expectation of privacy in her backyard as anyone could use Google Earth to see that she had Bubble Cube chairs (the corpus delicti of forged tax returns) in her garden.

[35] WE Bijker and J Law (eds), Shaping technology/building society: studies in sociotechnical change , (Cambridge, Mass.: MIT Press, 1992).

[36] See C Raab and P De Hert, “Tools for Technology Regulation: Seeking Analytical Approaches Beyond Lessig and Hood” in R Brownsword and K Yeung (eds) Regulating Technologies, (Oxford: Hart, 2008) 263-285 for a discussion of the regulatory tool-box, applying the insights of Lawrence Lessig and Christopher Hood to technology regulation.

[37] M Felson and LE Cohen, “Human Ecology and Crime: A Routine Activity Approach” (1980) 8 Human Ecology 389-406; RVG Clarke, Situational crime prevention: successful case studies , (New York: Harrow and Heston Publishers, 1992).

[38] See for example NS Van der Meulen, Financial Identity Theft – Context, Challenges and Countermeasures , (The Hague: T.M.C. Asser Press, 2011).

[39] L Hooghe and G Marks, “Unraveling the Central State, but How? Types of Multi-level Governance” (2003) 97 American Political Science Review 233-243.

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Intra- and Inter-Agency Coordination
Admissibility of Evidence
International Cooperation
Exchange of Information
Non-Criminal Law Relevant to Smuggling of Migrants
Administrative Approach
Complementary Activities & Role of Non-criminal Justice Actors
Macro-Perspective in Addressing Smuggling of Migrants
Human Security
International Aid and Cooperation
Migration & Migrant Smuggling
Mixed Migration Flows
Social Politics of Migrant Smuggling
Vulnerability
Profile of Smugglers
Role of Organized Criminal Groups
Humanitarianism, Security and Migrant Smuggling
Crime of Trafficking in Persons
The Issue of Consent
The Purpose of Exploitation
The abuse of a position of vulnerability
Indicators of Trafficking in Persons
Distinction between Trafficking in Persons and Other Crimes
Misconceptions Regarding Trafficking in Persons
Root Causes
Supply Side Prevention Strategies
Demand Side Prevention Strategies
Role of the Media
Safe Migration Channels
Crime Prevention Strategies
Monitoring, Evaluating & Reporting on Effectiveness of Prevention
Trafficked Persons as Victims
Protection under the Protocol against Trafficking in Persons
Broader International Framework
State Responsibility for Trafficking in Persons
Identification of Victims
Principle of Non-Criminalization of Victims
Criminal Justice Duties Imposed on States
Role of the Criminal Justice System
Current Low Levels of Prosecutions and Convictions
Challenges to an Effective Criminal Justice Response
Rights of Victims to Justice and Protection
Potential Strategies to “Turn the Tide”
State Cooperation with Civil Society
Civil Society Actors
The Private Sector
Comparing SOM and TIP
Differences and Commonalities
Vulnerability and Continuum between SOM & TIP
Labour Exploitation
Forced Marriage
Other Examples
Children on the Move
Protecting Smuggled and Trafficked Children
Protection in Practice
Children Alleged as Having Committed Smuggling or Trafficking Offences
Basic Terms - Gender and Gender Stereotypes
International Legal Frameworks and Definitions of TIP and SOM
Global Overview on TIP and SOM
Gender and Migration
Key Debates in the Scholarship on TIP and SOM
Gender and TIP and SOM Offenders
Responses to TIP and SOM
Use of Technology to Facilitate TIP and SOM
Technology Facilitating Trafficking in Persons
Technology in Smuggling of Migrants
Using Technology to Prevent and Combat TIP and SOM
Privacy and Data Concerns
Emerging Trends
Demand and Consumption
Supply and Demand
Implications of Wildlife Trafficking
Legal and Illegal Markets
Perpetrators and their Networks
Locations and Activities relating to Wildlife Trafficking
Environmental Protection & Conservation
CITES & the International Trade in Endangered Species
Organized Crime & Corruption
Animal Welfare
Criminal Justice Actors and Agencies
Criminalization of Wildlife Trafficking
Challenges for Law Enforcement
Investigation Measures and Detection Methods
Prosecution and Judiciary
Wild Flora as the Target of Illegal Trafficking
Purposes for which Wild Flora is Illegally Targeted
How is it Done and Who is Involved?
Consequences of Harms to Wild Flora
Terminology
Background: Communities and conservation: A history of disenfranchisement
Incentives for communities to get involved in illegal wildlife trafficking: the cost of conservation
Incentives to participate in illegal wildlife, logging and fishing economies
International and regional responses that fight wildlife trafficking while supporting IPLCs
Mechanisms for incentivizing community conservation and reducing wildlife trafficking
Critiques of community engagement
Other challenges posed by wildlife trafficking that affect local populations
Global Podcast Series
Apr. 2021: Call for Expressions of Interest: Online training for academics from francophone Africa
Feb. 2021: Series of Seminars for Universities of Central Asia
Dec. 2020: UNODC and TISS Conference on Access to Justice to End Violence
Nov. 2020: Expert Workshop for University Lecturers and Trainers from the Commonwealth of Independent States
Oct. 2020: E4J Webinar Series: Youth Empowerment through Education for Justice
Interview: How to use E4J's tool in teaching on TIP and SOM
E4J-Open University Online Training-of-Trainers Course
Teaching Integrity and Ethics Modules: Survey Results
Grants Programmes
E4J MUN Resource Guide
Library of Resources

Module 3: Legal Frameworks and Human Rights

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E4J University Module Series: Cybercrime

Introduction and learning outcomes, the role of cybercrime law.

Harmonization of laws
International and regional instruments
International human rights and cybercrime law

Possible class structure

Core reading, advanced reading, student assessment, additional teaching tools.

First published in February 2019.

This module is a resource for lecturers

Cybercrime law identifies standards of acceptable behaviour for information and communication technology (ICT) users; establishes socio-legal sanctions for cybercrime; protects ICT users, in general, and mitigates and/or prevents harm to people, data, systems, services, and infrastructure, in particular; protects human rights; enables the investigation and prosecution of crimes committed online (outside of traditional real-world settings); and facilitates cooperation between countries on cybercrime matters (UNODC, 2013, p. 52). Cybercrime law provides rules of conduct and standards of behaviour for the use of the Internet, computers, and related digital technologies, and the actions of the public, government, and private organizations; rules of evidence and criminal procedure, and other criminal justice matters in cyberspace; and regulation to reduce risk and/or mitigate the harm done to individuals, organizations, and infrastructure should a cybercrime occur. Accordingly, cybercrime law includes substantive, procedural and preventive law.

Substantive law

An illegal act needs to be clearly described in and prohibited by law. Pursuant to the moral principle of nullum crimen sine lege (Latin for "no crime without law") a person cannot be punished for an act that was not proscribed by law at the time the person committed the act (UNODC, 2013, p. 53). Substantive law defines the rights and responsibilities of legal subjects, which include persons, organizations, and states. Sources of substantive law include statutes and ordinances enacted by city, state, and federal legislatures ( statutory law ), federal and state constitutions, and court decisions.

Some countries, instead of developing new special laws against cybercrime, amended their national legislation or codes, adding specific paragraphs to address cybercrime. With this practice, an interesting consequence for consideration has been that some countries decided to criminalize separately the illegal use of information and communication technology to commit any crime. Thus, if the perpetrator used illegal access in order to commit forgery or fraud, such behaviour would constitute two crimes at the same time.

Substantive cybercrime law includes laws that prohibit specific types of cybercrime (described in Cybercrime Module 2 on General Types of Cybercrime) and punishes non-compliance with these laws. Cybercrime includes traditional, real-world (offline) crimes (e.g., fraud, forgery, organized crime, money-laundering, and theft) perpetrated in cyberspace that are 'hybrid' or 'cyber-enabled' crimes, as well as 'new' or 'cyber-dependent' crimes that have been made possible with the advent of the Internet and Internet-enabled digital technologies (Wall, 2007; Maras 2014; Maras, 2016). For these reasons, many countries have developed laws that are specifically designed to deal with cybercrime. For example, Germany, Japan, and China, have amended the relevant provisions of their criminal code to combat cybercrime. Countries have also used existing laws that were designed for real-world (offline) crime to target certain cybercrimes and cybercriminals. As another example, in Iraq, the existing civil code (Iraqi Civil Code No. 40 of 1951) and penal code (Iraqi Penal Code No. 111 of 1969) are used to prosecute real-world crimes (e.g., fraud, blackmail, identity theft) perpetrated via the Internet and digital technology.

Each state has its own legal system, which affects the creation of substantive criminal law on cybercrime. These systems include (Maras, forthcoming, 2020):

1) . These systems create laws by (i.e., ruling in case binding to the court and lower courts) and established practice. These laws exist as separate laws and (i.e., law that develops from court decisions or legal precedent).

2) These legal systems have codified, consolidated, and comprehensive legal rules or statutes that delineate basic rights, responsibilities, duties and expectations of behaviour. These legal systems are primarily based on legislation and constitutions.

3) . These legal systems include established and accepted patterns of behaviour within a culture that are perceived by those within the culture to be law ( ). In international law, customary law governs relationships and practices between states and is considered binding for all states.

4) These legal systems include rules derived from religion or the use of religious documents as a legal source and authority.

5) . In this type of legal system, two or more of the above-mentioned legal systems (i.e., common, civil, customary or religious law) may exist.

Substantive law focuses on the substance of crime, such as the elements of a crime which includes the prohibited conduct ( actus reus - "guilty act") and the mental element ( mens rea - "guilty mind"). Different states may choose to criminalize different conduct by choosing different elements that constitute a crime. Alternatively, states may criminalize the same conduct, but the laws may still differ as to what "state of mind" makes them culpable for their conduct (i.e., level of criminal culpability). To this end, laws that criminalize, for example, unauthorized access to computer systems and data vary between countries, depending on the degree of intent held by a purported criminal (see "Levels of Criminal Culpability" box below).

There are different levels of criminal culpability (or criminal responsibility) based on the degree to which an illicit act was intentional (purposely or wilfully committed) or unintentional (recklessly and negligently committed) that varies according to legal system (Simons, 2003; Dubber, 2011; Maras, 2020):

. A person commits crime when the person is acting to cause harm (i.e., the person has to cause harm). A case in point is the UK Computer Misuse Act of 1990, which criminalizes, among other things, unauthorized access to systems and data with the intention of causing changes and/or damage, disruptions of systems and services, and modifications of system data and programmes. . A person commits crime when the person is aware that an action will cause harm but commits the harm or wrongdoing anyway. A person can be charged pursuant to the US Computer Fraud and Abuse Act of 1986, specifically 18 U.S.C. § 1030(a)(1), for . An individual commits crime when the person engages in an act even though the person is aware of the substantial and unjustifiable risk of harm to others but shows disregard for or indifference to the risk of harm. In Australia, a person can be charged under Division 477.2(1)(c) of Cybercrime Act 2001 (No. 161, 2001) if a "person is reckless as to whether the [unauthorized] modification [of data] impairs or will impair: (i) access to that or any other data held in any computer; or (ii) the reliability, security or operation, of any such data." . is the lowest level of culpability. Those engaging in negligent behaviour lack awareness of the negative consequences of an act. In Senegal, "[a]nyone who, even through negligence, processes or arranges the processing of personal data without having complied with the formalities set out in the Law on Personal Data prior to using such data shall be punished" (Article 431-17, Law No. 2008-11 on Cybercrime).

Levels of criminal culpability are not universal (Fletcher, 2000, p. 445-446, cited in Ohlin, 2013 p. 82).

It is important to note two things here. Firstly, the local application of law (prosecution) will only take place when it is in the public interest to prosecute, yet many bulk cybercrimes such as minor Internet-based frauds are de minimis non-curat lex, in that they areindividuallyregardedtoo minor in impact to be investigated by police and prosecuted. Yet, they may have a considerable collective impact internationally, so need to be subject to international law. Secondly, "where a strong justification for the criminalization of a particular conduct does not exist in law, a risk of moral or cultural overcriminalization can arise. In this respect, international human rights law represents one important tool for the assessment of criminal laws against an external, international standard" (UNODC, 2013, p. 54) (see section on International Human Rights and Cybercrime Law ).

Procedural law

Procedural law demarcates the processes and procedures to be followed to apply substantive law and the rules to enable the enforcement of substantive law. An important part of procedural law is criminal procedure , which includes comprehensive rules and guidelines on the manner in which suspected, accused, and convicted persons are to be handled and processed by the criminal justice system and its agents (Maras, forthcoming, 2020; for general information about criminal procedure, see LaFave et al., 2015; for information about international criminal procedure, see Boas, et al., 2011). Ultimately, procedural cybercrime law includes provisions on jurisdiction and investigative powers, rules of evidence and criminal procedure that relate to data collection, wiretapping, search and seizure, data preservation and data retention (which are discussed in greater detail in Cybercrime Module 4 on Introduction to Digital Forensics, Module 5 on Cybercrime Investigation, Module 6 on Practical Aspects of Cybercrime Investigations and Digital Forensics, and Cybercrime Module 10 on Privacy and Data Protection; see also UNODC, 2013, p. xxii-xxiii). Cybercrime presents certain unique challenges regarding procedure, especially with respect to jurisdiction, investigations, and digital evidence.

Jurisdiction . Law enforcement may only carry out a cybercrime investigation, and national courts may only adjudicate cybercrime cases, if the interested state has jurisdiction. Jurisdiction refers to a state's power and authority to enforce laws and punish noncompliance with laws (this topic is discussed in further detail in Cybercrime Module 7 on International Cooperation against Cybercrime). Jurisdiction is linked to state sovereignty, which is a country's right to exercise authority over its own territory (UNODC, 2013, p. 55). Jurisdiction is commonly associated with geographic territory or locus commissi deliciti (the place where the crime was committed), whereby states claim jurisdiction over and prosecute crimes committed within their territory ( principle of territoriality ). Given that there are no geographic boundaries and territories in cyberspace, the location cannot be used to determine jurisdiction. For this reason, states rely on a multitude of other factors to determine jurisdiction (Brenner and Koops, 2004; Rahman 2012; Maras, forthcoming, 2020): One such factor is the nationality of the offender ( principle of nationality; active personality principle ). This principle holds that states have the authority to prosecute their nationals even if these nationals are outside of their territory. To a lesser extent (in its use) the nationality of the victim can be used to assert jurisdiction over a crime ( principle of nationality; passive personality principle ). A state can further establish jurisdiction because crime committed in another state (e.g., treason or espionage) impacted the interests and security of the state seeking jurisdiction over the case ( protective principle ). Finally, any state can establish jurisdiction over certain transnational crimes, such as mass atrocities (e.g., genocide), which are viewed as affecting all human beings irrespective of geographic location, when the state where the crime was committed is unwilling or unable to prosecute the offender ( principle of universality ).

Investigative measures and powers . Digital evidence of cybercrimes presents particular challenges both in terms of its handling and use in court proceedings (see Cybercrime Module 5 on Cybercrime Investigation and Cybercrime Module 6 on the Practical Aspects of Cybercrime Investigations and Digital Forensics). According to the 2013 UNODC Draft Comprehensive Study on Cybercrime , "[w]hile some of these investigative actions can be achieved with traditional powers, many procedural provisions do not translate well from a spatial, object-oriented approach to one involving…[digital] data storage and real-time data flows" (p. 122), thus requiring specialized powers for the investigation (UNODC, 2013, p. 54). These specialized powers are prescribed by law and cover not only access to information needed but also include safeguards to ensure that the data is obtained pursuant to appropriate legal orders and accessed only to the extent necessary and authorized by law (this topic is further explored in Cybercrime Module 5 on Cybercrime Investigation). The US Stored Communications Act (18 US Code § 2701-2712), which is Title II of the Electronic Communications Privacy Act of 1986, includes these safeguards. For example, pursuant to 18 US Code § 2703(a),

A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction.

These safeguards (i.e., the legal order requirement), however, are not required by all countries. In 2014, Turkey amended Internet Law 5651 to require Internet service providers to retain user data and make it available to authorities upon request without requiring them to first obtain a legal order (e.g., a court order or search warrant) to obtain this data. These investigatory powers extend beyond the mere collection of evidence to include obtaining assistance and working with other criminal justice agents on cybercrime cases. Likewise, in Tanzania, the Cybercrimes Act of 2015 provided police with excessive, unrestrained investigatory powers in cybercrime. Particularly, police authorization is the only requirement to enable the search and seizure of evidence and to compel the disclosure of data. Accordingly, search and seizure and other investigatory powers can occur without the appropriate legal orders. Beyond this concern, a danger exists for "mission creep" or "function creep" (i.e., terms used to describe the expansion of law and/or other measures in areas beyond their original scope), where laws and investigatory powers introduced to target one form of cybercrime are then used to target other, less serious forms of cybercrime. Ultimately, the powers and procedures in place for the purpose of cybercrime investigations and proceedings must be in accordance with the rule of law and human rights (see, for example, Article 15 of the Council of Europe's Convention on Cybercrime of 2001).

Identification, collection, sharing, use and admissibility of digital evidence . Cybercrime procedural law covers identification, collection, storage, analysis, and dissemination of digital evidence. Digital evidence (or electronic evidence) refers to "any type of information that can be extracted from computer systems or other digital devices and that can be used to prove or disprove an offence" (Maras, 2014). Digital evidence (discussed further in Cybercrime Module 4 on Introduction to Digital Forensics) can support or refute victim, witness, and suspect testimony, support or refute the truth of a matter asserted, identify a perpetrator's motive, intent and location, identify a perpetrator's behaviour (past actions and behaviour), and determine criminal culpability (Maras 2014; Maras, 2016).

Rules of evidence and criminal procedure include the criteria used to determine whether digital evidence is admissible in court (Maras, 2014). These rules prescribe the manner in which digital evidence is documented, collected, preserved, transmitted, analysed, stored, and safeguarded to ensure its admissibility in national courts. To be admissible, digital evidence is authenticated and its integrity is established. Authentication procedures involve identifying the source/author of the digital evidence (i.e., source identity information) and verifying the integrity of the evidence (i.e., that it was not changed, manipulated, or damaged in any way). The maintenance of a chain of custody , a detailed log about the evidence, the condition of the evidence, its collection, storage, access, and transfer and reasons for its access and transfer, is essential to ensure the admissibility of digital evidence in most courts of law (UNODC, 2013, p. 54; Maras, 2014). The rules of evidence and criminal procedure are not standardized between countries. Similar rules of evidence and criminal procedure are needed for cybercrime because this form of crime transcends borders and impacts digital devices and systems anywhere in the world with an Internet connection.

Preventive law

Preventive law focuses on regulation and risk mitigation. In the context of cybercrime, preventive legislation seeks to either prevent cybercrime or, at the very least, mitigate the damage resulting from the commission of a cybercrime (UNODC, 2013, 55). Data protection laws (e.g., the EU General Data Protection Regulation of 2016, and the African Union Convention on Cyber Security and Personal Data Protection of 2014, discussed in Cybercrime Module 10 on Privacy and Data Protection) and cybersecurity laws (e.g., The Law of Ukraine on the Basic Principles of Ensuring the Cyber Security of Ukraine of 2017) are designed to lessen the material harms from criminal breaches of private data should a cybercrime occur, and/or minimize private vulnerability to cybercrime. Other laws enable criminal justice agents to identify, investigate, and prosecute cybercrime by ensuring the necessary tools, measures, and processes are in place to facilitate these actions (e.g., telecommunications and electronic communications service providers' infrastructure is such that it enables wiretapping and data preservation). In the United States, the Communications Assistance for Law Enforcement Act (CALEA) of 1994 (codified at 47 U.S.C. § 1001-1010) required telecommunications service providers and equipment manufacturers to ensure that their services and products enable government agencies with lawful authorization (i.e., with the appropriate legal order) to access communications.

The United Nations Office on Drugs and Crime (UNODC) , which is part of the Portal, contains a database of national cybercrime laws and case law.

Next: Harmonization of Laws

Home — Essay Samples — Law, Crime & Punishment — Cyber Crimes — Cyber Crime: The Meaning, Types, And Ways To Avoid

Cyber Crime: The Meaning, Types, and Ways to Avoid

Categories: Cyber Crimes Cyber Security

About this sample

Words: 2343 |

12 min read

Published: May 17, 2022

Words: 2343 | Pages: 5 | 12 min read

Introduction, types of cyber crime.

Phising/Spoofing: Unlawfully accessing a computer without authorization and sending multiple e-mails; resending multiple commercial email messages with the intent to deceive recipients; or falsifying header information in multiple email messages.
Blackmail/Extortion: Using the Internet to threaten to cause damage with the intent to extort from any person any money or other thing of value.
Accessing Stored Communications: Intentionally accessing, without authorization, a facility through which an electronic communication service is provided.
Sports Betting: Engaging in the business of betting or wagering on any sporting event or contest over the Internet.
Non-Delivery of Merchandise: Devising any scheme to defraud, or for obtaining money or property by means of false or fraudulent pretenses, or promises, and using the Internet for the purpose of executing the scheme.
Electronic Harassment: Anonymously using the Internet to annoy, abuse, threaten, or harass the person who receives the communication.
Child Pornography: Using the Internet to transmit child pornography.
Prostitution: Persuading, inducing, enticing, or coercing any individual to travel in interstate commerce to engage in prostitution.
Drug Trafficking: Delivering, distributing, or dispensing a controlled substance by means of the Internet.
Criminal Copyright Infringement: Infringing a copyright for financial gain...or by distributing a work being prepared for commercial distribution on a computer network.

Avoiding Cyber Crime

Anti-virus software.

It became common to distribute software and updates via downloads from the Internet,
Hackers developed viruses that were delivered inside macros for Microsoft Word, which malicious macros could be hidden inside a document sent by e-mail, and
Hackers developed malicious computer programs that were commonly distributed as attachments to e-mail: clicking on the attachment executed the malicious computer program and infected the victim's computer.
Never open an executable attachment.
Never open any attachment from an unknown source.
Be cautious of any attachment that has a double file extension, especially when the rightmost file extension is an executable file type.

Avoiding harassment

https://www.slideshare.net/bharadwajchetan/an-introduction-to-cyber-law-it-act-2000-india
https://cybercrime.org.za/definition
http://www.cyberlawsindia.net/cyber-india.html
Dorothy E. Denning, Information Warfare and Security, Addison- Wesley Publishing Co., 1998.
Dorothy E. Denning and Peter J. Denning, Internet Besieged, Addison- Wesley Publishing Co., 1997.
Peter J. Denning (editor), Computers Under Attack, Addison- Wesley Publishing Co., 1990.
Peter G. Neumann, Computer –Related Risks, Addison – Wesley Publishing Co., 1995.

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Paragraph on Cyber Crime

Students are often asked to write a paragraph on Cyber Crime in their schools. And if you’re also looking for the same, we have created 100-word, 200-word, and 250-word paragraphs on the topic.

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Paragraph on Cyber Crime in 100 Words

Cyber crime is when bad people use computers to steal or harm others. They might take your information, like your name or password, without asking. It’s like when someone takes a toy without asking, but it’s done online. We must be very careful online, just like we are careful in the park. We should always ask an adult if we are unsure about something on the internet. This helps keep us safe from these bad people. Just remember: always be careful and never share your secrets online! It’s the best way to stay safe from cyber crime.

Paragraph on Cyber Crime in 200 Words

Cyber crime is when someone uses a computer or the internet to do something wrong or bad. It’s like when someone cheats in a video game, but it can also be much worse. For instance, some people can steal other people’s private information, like their names, addresses, or credit card numbers, without them even knowing. They can do this by tricking people into giving them this information, or by breaking into their computers. It’s important to remember to always be careful on the internet. Don’t share your personal information with anyone you don’t know, and make sure to use strong passwords that are hard for others to guess. Also, only use websites that you trust. If we all do this, we can help make the internet a safer place! Remember, if you see something that doesn’t seem right on the internet, tell a trusted adult right away. They can help you figure out what to do. Cyber crime can be very serious, but by being smart and safe, we can help stop it.

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Paragraph on Cyber Crime in 250 Words

Cyber crime is a type of illegal activity that uses computers and the internet. It’s a fast-growing area of crime and can affect anyone who uses the internet. There are many types of cyber crime. Some people might try to trick you into giving them your personal information, like your password or credit card number. This is called phishing. Another type is hacking, where someone illegally gains access to a computer or network. They might use this access to steal or delete data, or to spread viruses. Viruses are harmful programs that can damage your computer or steal your information. Cyber crime can also include cyber bullying, where people use the internet to harass or threaten others. It’s important to protect yourself from cyber crime. You can do this by using strong, unique passwords for your online accounts, and by not opening emails or clicking on links from people you don’t know. You should also be careful what information you share online, and use security software to protect your computer from viruses. It’s also a good idea to keep your computer’s operating system and other software up-to-date, as updates often include fixes for security issues. Remember, if you become a victim of cyber crime, you should report it to the police. They can investigate the crime and help you deal with the effects.

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Substantive cybercrime law includes laws that prohibit specific types of cybercrime (described in Cybercrime Module 2 on General Types of Cybercrime) and punishes non-compliance with these laws. Cybercrime includes traditional, real-world (offline) crimes (e.g., fraud, forgery, organized crime, money-laundering, and theft) perpetrated in cyberspace that are 'hybrid' or 'cyber-enabled' crimes ...
Essay About Cybercrime Law
796 Words4 Pages. The Republic Act 10175 otherwise known as the "Cybercrime Prevention Act of 2012" is the first law in the Philippines which criminalizes computer crime. While this law is new to us, crimes committed on a computer are prevalent in the country. For example, the "I Love You" virus which was created by Onel de Guzman and caused ...
Cyber Crime: The Meaning, Types, and Ways to Avoid
Introduction. Cyber crime evolved since 1990 when computers and networks came in to being. The types of attacks gradually grew from "Morris code worm" in 1997 to "Torjan" in 2004 and to "Ransom ware " attack in 2013. When computers and networks came into being in the 1990s, hacking was done basically to get more information about ...
3-5 paragraph essay about cybercrime law, examine the picture
Cybercrime Law. Based on the picture, cybercrime has an increasing number of reports of complaints by the authority. From 2013 to 2015, such issues encounter are online scams, online libel, online threats, online theft, photo and video voyeurism, and others. We could say this is alarming to those who are using the internet.
Paragraph on Cyber Crime
Paragraph on Cyber Crime in 200 Words. Cyber crime is when someone uses a computer or the internet to do something wrong or bad. It's like when someone cheats in a video game, but it can also be much worse. For instance, some people can steal other people's private information, like their names, addresses, or credit card numbers, without ...
learning task number 6: Are you familiar with cybercrime law? examine
Learning task number 6: Are you familiar with cybercrime law? examine the picture below. write a 3 to 5 paragraph essay about It. place your work in your notebook. •identify the major points presented in the infographic. •determine the meaning of each identified complain below.
Learning Task 6, page 22 Are you familiar with cybercrime law? Examine
Examine the picture below Write a 3 to 5-paragraph essay about it. - 23100078. answered • expert verified Learning Task 6, page 22 Are you familiar with cybercrime law? Examine the picture below Write a 3 to 5-paragraph essay about it. See answer Advertisement Advertisement QAClarize QAClarize CYBERCRIME .
5 paragraph essay on cyber crime.docx
CYBERCRIME ESSAY 3 provision of channels for reporting fraudulent activities and surveillance of the networks to track any suspicious activity (Cohen, 2003). Finally, internet money transfers have become more popular today for convenience. Cybercrimes are also at the rise with identity theft and fraudulent internet transactions taking the center stage.
Learning Task 6: Are you familiar with cybercrime law ...
Examine the picture below. Write a 3 to 5-paragraph essay about it. Place your work in your notebook. • Identify the major points presented in the infographic. • Determine the meaning of each identified complaint below. • In developing your essay, use various sources such as scholarly articles, book, government documents, reference ...
Learning Task 6: Are you familiar with cybercrime law ...
Write a 3 to 5-paragraph essay about it. Place your work in your - 29749289. answered • expert verified Learning Task 6: Are you familiar with cybercrime law? Examine the picture below. Write a 3 to 5-paragraph essay about it. Place your work in your notebook. Identify the major points presented in the infographic. ... CYBERCRIME LAW. On ...
essay about cybercrime 5 paragraph
Essay about cybercrime 5 paragraph . Cybercrime. Cybercrime, often known as computer crime, is the use of a computer to advance illicit activities including fraud, the trafficking of child po-rnography and other intellectual property, identity theft, and privacy viol4tions. The relevance of cybercrime, particul4rly over the Internet, has ...

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Essay on Cyber Crime

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