Abstract
A Cybercrime is a crime performed through the use of or against digital technologies . The crimes are perpetrated using a computer, computer networks or other information communication technology. The target or victim of the crime is computers or network services. The victim may be random or specifically targets. Typically, the criminal is seeking to gain personal profit or financial gain, but may also be seeking to cause physical damage or make a statement as a form of protest. Cybercrimes began to arise with the introduction of computer systems and have grown and advanced with technology. The investigation of cybercrimes has also had to adjust as technology has advanced. Whether it be through a virus or worm or through hacking or a Dos attack, cybercrime utilizes global information communication technology to commit illegal acts that are transnational. Cybercrime may include illegal access or interference to computer systems, acquisition of computer data, privacy breaches, fraud, forgery or identity theft using computers, personal harm or solicitation, hate speech, pornography or acts of terrorism. The broad distribution of criminal acts gives law enforcement many challenges. With more than one third of the world’s population having access to the internet, cybercrime has become a global issue that must engage law enforcement officials globally.
INTRODUCTION
The creation of computer and the internet changed the method and mode of crime just as the invention of the automobile had in the early 20th Century. Law enforcement went from chasing criminals on foot and horseback to having to search and investigate further for criminals who escaped quickly in a vehicle. Today, law enforcement officials must impose increased technology and be trained specialists in order to investigate crimes that occur in cyberspace. With more than one third of the world’s population having access to the internet, cybercrime has become a global issue that must engage law enforcement officials globally.
A Cybercrime is a crime performed through the use of or against digital technologies . The crimes are perpetrated using a computer, computer networks or other information communication technology. The target or victim of the crime is computers or network services. The victim may be random or specifically targets. Typically, the criminal is seeking to gain personal profit or financial gain, but may also be seeking to cause physical damage or make a statement as a form of protest. Cybercrimes began to arise with the introduction of computer systems and have grown and advanced with technology. The investigation of cybercrimes has also had to adjust as technology has advanced.
EARLY CYBERCRIME: PRE-INTERNET
The introduction of transistor based computer systems in the 1960’s led to an increase in the use of computer technology and cyber offenses included physical damage to stored data and systems. . These types of computer crimes were investigated and prosecuted domestically as the crime was typically aimed at domestic targets in a particular location. As computer use increased in the 70’s, cybercrime took on new forms including the illegal use of computer systems as well as manipulation of electronic data and computer related fraud. . The jurisdiction of the crime also expanded. These crimes were crossing state borders and could no longer be addressed solely by local law enforcement officials. The federal government was forced to create a divisions solely responsible for the investigation of cybercrimes.
Phone phreaks manipulated computerized phone systems to make free long distance calls. Early crimes included phone phreaks such as Steve Wasniak and Steve Jobs the founders of Apple and John Draper who fooled AT&T network with a whistle tone. Wire fraud and embezzlement also became a crime using the computer domain. A New York teller embezzled over two million. Hacking also became a form of early cybercrime. Captain Zap invaded AT&T’s system and altered the billing clock so that discounted rates would occur during day hours instead of night hours. He was the first person convicted as a felon using computers. Hacker Kevin Mitnick broke into and caused damage to academic and corporate systems. He was also convicted and sentenced to imprisonment.
The 80’s seen an increase in personal computer use and thus an increase in target victims. Software piracy and patent crimes arose. Illegal entry into computer systems, spread of malicious software and viruses also began to emerge. Viruses and worms also were included in early cybercrimes. In the mid-80’s IBM computers were infected with a virus called the Pakistani Brain. A Cornell University student created a worm that attacked the government computer system and affected over 6,000 computer networks.
The use of malware became a common form of cybercrime. Malware is a malicious software that has the ability to spread between computers and affects computer operations, Malware can destroy, delete, or cause a system to crash as well as steal personal data from other computers. The different types of malware include viruses, worms, Trojans, and spyware. A virus causes a computer to malfunction and may destroy or damage entire files, software or hardware. A virus is self-replicating and has the ability to spread. Worms are like viruses except they do not require human action to spread and can impact entire networks. Trojans provide access to a computer illegally which allows for the theft of data without user knowledge. And, spyware gathers information from a computer system allowing for the distribution of personal data.
Another form of cybercrime is hacking. Hacking is much like trespassing. It is the unauthorized use of computers or networks. Hackers attempt to gain information, disable websites, or engage a denial of service. Early forms of cybercrime included hacking. When hacking first arose, the method was applauded as genius and pioneering. The denial of service attack freezes websites, financial networks and computer systems by pouring in data from outside computers, included in the victims of this crime were eBay and Amazon. Scofflaws are attempts to break into networks including government and banking networks .
CYBERCRIME AND THE INTERNET
The world wide web was introduced in the 90’s and internet use grew rapidly. Availability and speed of exchange of information arose to illegal activities led to global crime rather than simple domestic crime . Although the introduction of the internet transformed society and enhanced communication, it also created a forum for cybercrime. Prior to the introduction of the internet, cybercrimes were understood as crime perpetuated over computer networks using hacking or virus invasions. The internet altered this interpretation.
The creation of the internet enhanced cybercrime and has led to a much different understanding of the crimes today. The internet is a means of communication that assists criminal activity that was already widespread like drug trafficking, hate speech and stalking. The internet also, as a global environment, provided a forum for new forms of criminal activity including pedophilia and fraud. Additionally, the internet’s capability to provide real time engagement has enhanced criminal behavior in the use of unauthorized appropriation of software and music. Each type of crime created by the internet has called for different forms of investigation.
Hacking took on new forms with the introduction of the internet. Appropriation of intellectual property became more common. This type of crime is not theft as it does not deprive the owner of property so property laws had to be re-created in reference to crimes on the world wide web. Pornography on the internet is another form of cybercrime that has caused for changes in crime and in criminal investigations. Since pornography is not illegal per se, complications in enforcement and investigations arose. Additionally, stalking took on new forms. Cyberstalking is the tracking and harassment of another that occurs through the sending of emails, obscene messages and possibly death threats via the internet. The complication of this crime is the ability to determine when it is a genuine threat. Phishing and botnet attacks, voice over IP communication, cloud computing are the newest forms of cybercrime. Law enforcement must adjust to all of these changes in crime as well as the technological advances that are leading to them.
Many state and federal laws have been passed to address cybercrimes. These laws were not in place a couple of decades ago and now provide assistance to the enforcement of cybercrime. Law enforcement agencies, both in state and federal government, have created specific divisions to investigate cybercrime because of the different or more difficult investigations that must occur to catch the criminal.
Jurisdiction has become the most important issue with the rise in cybercrime. The geographic location where the crime actually occurs could be state, nation or worldwide. Thus, the agency investigating and the particular law that applies to the crime may not be clear and this creates many problems. Cybercrime also brings problems of locating the actual perpetrator. Names and user identity can be masked and investigations become more difficult as a result.
MAJOR CYBERCRIME
In December 2010, PayPal was struck by a cybercrime. The crime was highly publicized and those responsible were ultimately brought to justice. The criminals used a Dos attack on PayPal. Dos attacks have become a popular tool of those who wish to make statements of protest. The attacks cripple a service, disrupt services, and are used by the attackers to cause humiliation and pain to their victims. This particular case was dubbed “Operation Payback”.
An internet activist group called Anonymous organized, implemented and distributed a denial of service attack against PayPal. For four days in December 2010, the dos attack hit the PayPal network by saturating it with communication requests which make it unable to accept legitimate requests from users. PayPal’s blog was non-operational for over eight hours. The Dos attack was the result of retaliation by WikiLeaks for PayPal’s stopping its relationship with them. PayPal terminated its account with WikiLeaks claiming that it violated its terms of service. The FBI investigated the occurrence. Nearly thirty search warrants were performed in thirteen states.
CONCLUSION
Whether it be through a virus or worm or through hacking or a Dos attack, cybercrime utilizes global information communication technology to commit illegal acts that are transnational. Cybercrime today typically occurs less frequently in closed computer systems and thus the involvement of several law enforcement agencies are needed. Cybercrime may now include illegal access or interference to computer systems, acquisition of computer data, privacy breaches, fraud, forgery or identity theft using computers, personal harm or solicitation, hate speech, pornography or acts of terrorism. The broad distribution of criminal acts gives law enforcement many challenges. Since there is a low proportion of cybercrimes that are detected through proactive investigations, undercover operations must increase and agencies across national and international borders must cooperate.
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