(Institution Name)
Summary
Cyber laws are established to ensure safe, fair and responsible use of the internet by all the users whether they are common internet using citizens or law enforcement agencies. These laws have been designed and have been evolving ever since because of the ever expanding canvas of the ethical considerations involved in the use of the internet. The law is confined to logic and debate, and anything that has not been debated on or legislated cannot be made a law and is hence the responsibility of the user as their ethical and moral duty. The common internet users find several things that are of their interest and do not pose a threat to their well-being, but the same things are very harmful to the economic environment such as piracy of software. In order to buy cheaper software and applications, the common users download and install pirated things and encourage the crime that is very quickly spreading on the internet. The criminals are always looking for people from whom they can take advantage and get monetary gain from. There are several kinds of internet crimes that take place on the internet, and all of them involve money as a motive. Cyber criminals make use of people’s carelessness and their emotions in order to make them pay then the money and many a times leave them in a condition that they feel too embarrassed to contact anyone for justice. Lastly, the law enforcement agencies that are responsible for regulation of order over the internet have been found to have been peeking inside the information of people, common internet users that are considered private and confidential. This is done for the greater good of the public, but then this information is also used for commercial purposes and sold to corporations that can use the information for marketing purposes. This is an unethical thing to do at the end of the law enforcement agencies.
Introduction:
Computer usage has increased tremendously in the recent past because computer systems have become very affordable for anyone to purchase and what is more important is that almost everyone in today’s globalized and competitive world is using a computer system. Desktops have become rather obsolete, and laptops have replaced them for personal computers, but it is astonishing how quickly the computer system users have shifted towards the smartphone category of computer systems (Broadhurst, 2006). However, it is attributed that the main reason as to why the computer systems have become so popular is the availability of the internet. Cyberspace is becoming more and more advanced and is continuously becoming convenient and comprehensive for the common computer system user to make use of. However, because the computer systems and networks are becoming more and more complex, the security of information over these networks is also getting compromised. The number of complaints regarding internet frauds, spam and information theft have increased greatly over the period of the past decade.
It is an easy way to make money very quickly through contacting random people over the internet about their information and then manipulating them in any way to cause them a loss of wealth. In addition to the frequency of these crimes that are taking place on the internet, what is even more astonishing is the fact that there are being found newer ways to commit online frauds and manipulations for monetary gains. There are several ethical and moral considerations involved in the usage of the internet by all the users. These users can be demarcated into three sections for the purpose of this discussion; the common user that uses the internet for the purpose of getting information or carrying out everyday activities, the criminal elements that are stalking preys on the network to make use of their information for their own gain and lastly, the governmental authorities that are responsible for the protection of the internet user and for the national security.
Discussion:
In the wake of the fact that the online security breaches have reached their highest, there have been made several changes and amendments in the existing stock of cyber laws. These amendments have been directed primarily towards the strictness of punishment against the people who are caught responsible for these crimes. Additionally, there have been increased authorities given to the responsible authorities and institutions to check the activities of the internet users in order to ensure that the criminal elements get apprehended. Because breach of security across the border of a state can be a rather big challenge, unfortunately, with the availability of technically sound cyber criminals, the breach of security of a state in the cyberspace is relatively far easier and much more devastating (Hazelwood & Koon-Magnin, 2013). For example, it can result in theft of some of the most classified parts of information of that state like their nuclear secrets and other matters of national security. For this reason, there have been established laws that prevail over states and at an international level in order to ensure that there are no jurisdictional issues involved when it comes to punishing the rogue elements in the cyberspace.
Common Computer User, Cyber Laws and Ethics:
There are several ethical considerations for a common computer and internet user to adhere to whilst using the facility. One very notable ethical requirement for a common internet user to follow is to ensure that they do not use someone else’s copyright protected information as their own. Many times, the students who use the internet to access information about their field and for their academic purposes, make use of the exact content that has been written and shared by someone else. What they do not realize is that they are actually stealing someone’s information and knowledge and portraying as their own.
Many times, particularly at the higher educational levels, course instructors specifically demand that the students turn in original assignments that have been written by themselves. Under these conditions, there is typically made an arrangement about checking the content for its originality and plagiarism by making use of software made for this purpose. The students can, however, use someone’s information shared over the internet by writing it in their own words and then properly citing the source of that information in order to fulfill the ethical requirements involved, otherwise, it would be rendered as a depiction that they are portraying it as their own knowledge. Many times, the students are not strictly required to turn in original assignments and content that relieves them from getting punished upon copy pasting, but still, provision of reference of the source remains a requirement. In the same manner, a common user cannot use the other forms of information like images and videos or audios that are copyright protected for their own gains. In public internet using facilities, there is often seen an illustration of carelessness by the users who leave their social media accounts or email accounts opened for the next coming computer user to see. For the person who is seated after the careless user, it is mandatory that they do not carry out unauthorized activities over their account. Ethical usage of cyberspace demands that such a user does not make use of the vulnerabilities of the careless users and attempts to save them from loss by closing their accounts.
Another way through which the common users indulge in violating ethical requirements of usage of the internet is in violation of copyrights of certain software. It has been strictly prohibited by the cyber crime control authorities that the users should not download, install or make use of any software that has not been purchased by them. However, it has been reported that a very large population of internet users has downloaded or installed software through unauthorized means and without paying for them (Tan, 2002). Software piracy has become very active, particularly in the recent past as the hackers have developed the ability to crack any software and making it available for use in making copies of it. The attraction for the common users of these pirated software is that they do not have to pay for this software and the ones that cost several hundred dollars are available for as low as ten dollars on a CD or DVD format. Such software, however, can be accompanied by several different kinds of malware and spyware that can cause further damage to the computer system of the internet user. There are certain malware that gets installed in the system of the internet user when he or she downloads something from the internet from an insecure source, these malware use the memory space and processing ability of the system of their host and hence rob the user in a way that the speed of the computer system is reduced, and the memory space is occupied.
The common users do, however compromise that a few special and advanced features in these pirated software are disabled in the process of cracking them. The most commonly downloaded pirated software are the interfaces like windows, antivirus software and other helping utility software like statistical tools, etc. Another disadvantage of using these software apart from the fact that they do not run with all their features enabled is that they expire soon and have to be reinstalled after every short while, but this is acceptable for most common users as it saves them a lot of money. What the common user does not understand while buying and using pirated software is that he or she is actually promoting a very serious crime related to theft. Similarly, movies are first released in cinemas for the people to watch by paying for their tickets, whereas the pirates make these movies available prior to their digital release in different picture qualities, causing the movie producers a tremendous bit of loss because people start watching the movies on the internet rather than going to the cinema. Downloading pirated movies is also an ethical issue that the common internet user commits.
Criminal Elements, Cyber Laws and Ethics:
Of course, all the activities that cybercriminals carry out are unethical and can be rendered as a crime, but there are certain activities that are so well improvised that the criminal gets away with the crime without a slap on the wrist, and an advantage that no part of the law covered that particular aspect of the crime. One such example would be harassment over the internet that is initiated by the victims own consent. People do not take care whilst sharing their personal information over the internet like their photographs and images that are then used against them by the cyber criminals who blackmail and harass the victims demanding money in return for not sharing the information openly. When these cases started to happen, the people who committed this crime got away with it, and legislation was made about such crimes long after these events had started to occur.
Another way through which cyber criminals commit crimes over the internet is that they conceal their identity by using fake names and images of theirs and asking people to pay them money either by promising to sell them something or by asking for a fundraising scheme (Shraim & Shull, 2004). But actually, none of the transactions that take place as a result of this activity reach the ends that they have been initiated. Instead, the criminals flee once they have gotten the money or send the buyer something other than what was demanded. A very popular such means of cyber crime is the sale of online degrees that ask the buyer only to take an easy test followed by payment into an anonymous bank account to get a certificate from what is actually a self-made and unregistered bogus educational institute.
Many times, there is demanded information from the common internet user regarding bank account numbers, credit card numbers and the pin codes by websites that are meant for purchasing products or services online. This is amongst the most suitable and easiest ways for the cyber criminals to get the monetary benefit. An unknowing user of the internet is vulnerable of providing the card number and its pin code with an effect that the details are used by criminals to purchase goods from another genuine website where they enter these numbers to make the purchase. This is amongst the most common ways for the cyber criminals to get the monetary benefit.
A recent way for committing cyber crimes is through the establishment of illegal gateways. These gateways perform the job of a regular cellular or landline network only that they make use of already in place lines and networks. What they do is that they establish a link of a call from the caller to the recipient through an unidentified channel, and they get away with the charges that apply on international calling as they offer the same service for cheaper. This activity has also been marked as a great aid for terrorism as the terrorists are able to communicate with each other without having to pass through any known networks of communication. This keeps the communication between terrorists concealed from the authorities that are responsible for capturing and providing intelligence against these groups.
Hackers are responsible for several different types of crimes including theft of people’s content including their pictures and other such material that can be used as leverage against the victims. What they do is that they gain access to otherwise concealed files of their victims and when they think that they have gained access to a piece of information that can be used for blackmailing their victims. One way of getting such information is that the criminals who are sound software and hacking specialists get into the system of their victims and another way of getting this information is through manipulation of their victims. Cyber criminals often times make friends with their victims, and when they have gained their trust, they start asking them to share information and files that can be used for manipulation of their victims. Once the victims have shared these files, they start blackmailing them that they should pay them a certain amount or else they would upload the files for everyone to see and cause them defamation. The victims are robbed of the option to go to the authority to seek help as they find it embarrassing and at that time, paying the criminals seems to be the only viable option for them to go to.
Some the United Kingdom based cybercriminals were arrested for carrying out global events in the domain of credit cards related frauds. A total of 18 people were arrested, out of which 6 were arrested from the United Kingdom and 12 from the United States. These people used to dodge people into telling them their credit cards number through bogus online shopping websites in the year 2012 and then used the provided card numbers and codes to make purchases or to make withdrawals. However, the criminals were apprehended by FBI as their internet connections were traced back to zero out on their locations.
Cyber Laws and Authorities:
Cyber laws are enforced through certain institutions that have been established the world over. These authorities have to take into consideration several ethical issues that they come across in their operations. In order to capture a cyber criminal, the authorities often carry out background checks on the internet users that they suspect to be doing illegal activity. In the process of finding a rogue person, they usually go through profiles and hidden files of a lot of people and whilst doing so, view even the most confidential of their files. Of course, they are carrying put this practice strictly for the purpose of the public good, but the people who unknowingly open their entire personal space to these people are affected by what can be thought of an unethical practice at the end of these authorities.
Recently, there has been a great debate that was carried out on the matter of tapping the phone calls of people. When it was disclosed that the security agencies of several countries have been tapping phone calls of their citizens, politicians, and important personnel, these authorities were taken very harshly by the public as it was considered a very unethical act and the step was taken by the agencies. Though they made the people realize that it was for the safety of the public and that it helped in preventing a lot of criminal actions, it was still rendered as an irresponsible act by the security agencies (Fitzgerald & Leopold, 1987). The breach of personal information and communication was not viewed very hospitable. Hence, this is a great challenge for the related authorities that ask for a trade-off between ensuring the security of the public and abidance of the privacy of the public.
The people who are caught committing cyber crime face a different kind of challenge as they are often times charged with more crimes than they had actually committed. It is hard to trace every cyber crime back to its initiator, and hence, the cyber law enforcement authorities try to put the blame of as many crimes as possible on the criminals that are caught. This is unethical because the criminals have rights too, and they deserve to be punished only for those crimes that they had actually committed.
Another recently emerged issue in the field of cyber security and internet user database building is that the cyber law enforcement agencies sell the information of the internet users for commercial purposes, and that information is used for either advertising or for marketing purposes. With the availability of such authentic and comprehensive database about the tastes, requirements and other characteristics of the internet users, the cyber law enforcement authorities are able to get the very good amount of money in return for the exchange of this information. This is unethical because the information of the general public is being handed over without their consent and will. Even if the information being provided might be the hobby of the internet user, it is still unethical as the user has not been told about this, nor has he or she has been taken into confidence by the authorities.
References
Broadhurst, R. (2006). Developments in the global law enforcement of cyber-crime. Policing: An International Journal of Police Strategies & Management,29(3), 408-433.
Fitzgerald, P., & Leopold, M. (1987). Stranger on the line: the secret history of phone tapping. Vintage.
Hazelwood, S. D., & Koon-Magnin, S. (2013). Cyber stalking and cyber harassment legislation in the United States: A qualitative analysis.International Journal of Cyber Criminology, 7(2), 155.
Shraim, I., & Shull, M. (2004). U.S. Patent Application No. 10/996,990.
Tan, B. (2002). Understanding ethical consumer decision making with respect to the purchase of pirated software. Journal of consumer marketing,19(2), 96-111.