...* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty...
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...ON CYBER CRIME BY ONUOHA, MAUREEN CHIZOBA C/O MR. DIKE G. OKORONKWO, PLOT 607 MONSTERRADO STREET, (NEAR RUSSEL CENTRE) WUSE ZONE 4, ABUJA, NIGERIA 2348055954286 27TH MAY, 2005 onuchizoba@yahoo.com INTRODUCTION Over the past twenty years, unscrupulous computer users have continued to use the computer to commit crimes; this has greatly fascinated people and evoked a mixed feeling of admiration and fear. This phenomenon has seen sophisticated and unprecedented increase recently and has called for quick response in providing laws that would protect the cyber space and its users. The level of sophistication has gone high to the point of using the system to commit murder and other havoc. The first recorded cyber murder committed in the United States seven years ago according to the Indian Express, January, 2002 “has to do with an underworld don in hospital to undergo a minor surgery. His rival goon hired a computer expert who altered his prescriptions through hacking the hospital’s computer system. He was administered the altered prescription by an innocent nurse, this resulted in the death of the patient”[i] This work seeks to define the concept of cyber-crime, identify reasons for cyber-crime, how it can be eradicated, look at those involved and the reasons for their involvement, we would look at how best to detect a criminal mail and in conclusion, proffer recommendations that would help in checking the increasing rate of cyber-crimes...
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...Need of Cyber Crime Law In India Abstract A Cyber space is a virtual space that has become as important as real space for business, education and politics. The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in the India. The digital age has dramatically changed the scope of a crime by adding the electronic component and it comes a new form of science ≴Computer Forensic Science≵. Computer Forensic allows for the evidence of cyber crime to be admissible in court when prosecuting the cyber criminal. In most countries, existing laws are likely to be unenforceable against such crime. Cyber laws, as it stand today, gives rise to both positive & negative consequences. The main negative consequences is the digital soup so vague that many refer to it as the dark sides of technology and that cyber criminal currently have upper hand. The applicability and effectiveness of our existing laws need to be constantly reviewed to face the risk coming from the cyber world. In this paper we are going to firstly describe the computer forensic, cyber crimes, cyber laws of nation & technology challenges. Aim of this paper is to act as a catalyst to raise awareness regarding computer forensic which continues to grow as one of the most important branch of science and help in investigation of cyber crime which continues to grow as one of the most potent threats to the Internet and computer users of the cyber society of...
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...Cyber-Crime Trends Melody Ann Lovelace CJA570 October 10, 2011 Ray Gagne Cyber-Crime Trends In the dawn of the 21st century, the evolution of new technology and science concepts have made changes to everyone’s daily life. Cyber-crimes are a creature that did not exist 15-plus years ago. Back in the day, before technology, were only the conventional crimes such as illegal behaviors people thought were criminal behaviors. However, in today’s time an individual must be extremely careful because not only are people combating traditional crimes but cyber-crimes as well. Cyber-crimes are the newest and most complicated crimes for the new century. A cyber crime is an individual conducting actions such as disrupting communications and devices, disrupting networks, Internet, and telephone; both landlines and mobile. Individuals of various ages are committing cyber crimes because these types’ crimes are easier to commit than the traditional kidnapping, murder, or human trafficking. According to Parthasarati (n. d.), cyber criminals fall into one of four categories or groups including children and adolescents between ages six to 18, organized hackers, professional hackers/crackers, and the discontent employee(s). The child or adolescent will partake in such behaviors to prove his or her self superior or outstanding over other individual in his or her age group. The organized hacker will want to fulfill objectives such as political bias and fundamentalism to name a couple. The professional...
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...Cyber-Crime Article Analysis Team D June 12, 2013 CJA/394 Cyber-Crime Article Analysis Cyber-crime is an increasing type of crime locally and globally. Cyber-crime is defined as, “criminal activity or a crime that involves the Internet, a computer system, or computer technology,” ("Cyber-crime," 2012). Law enforcement, courts, and corrections are affected in different ways by cyber-crimes. Law enforcement faces issues with cyber-crime, such as privacy, confidentiality, determining the location the crime initiated, and locating the perpetrator(s). Courts face issues, such as loss of evidence and loop holes in laws. Correctional facilities face internal cyber-crimes and overcrowding as a result of cyber-crimes. The following information will discuss the issues within each division of the criminal justice system and provide remedy recommendations. The information will conclude with an analysis of global crime. Cyber-crime and Law Enforcement Cyber crime has made a major impact on the law enforcement it has not only given them more things to have to worry about but also has helped them to solve and organize crime better. The internet has changed so many things about this world, from how we purchase things, how we keep in touch with one another, and of course how some can conduct crime. Not only can a criminal stalk someone, but they can also stalk that person’s child, especially at sites like Face Book. A Hacker...
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...INTRODUCTION 1.1 Definition of Cyber Crime The internet in Bangladesh is growing rapidly. It has given rise to new opportunities in every field we can think of – be it entertainment, business, sports or education. There are two sides to a coin. Internet also has its own disadvantages. One of the major disadvantages is Cyber crime – illegal activity committed on the internet. The internet, along with its advantages, has also exposed us to security risks that come with connecting to a large network. Computers today are being misused for illegal activities like e-mail espionage, credit card fraud, spams, and software piracy and so on, which invade our privacy and offend our senses. “The modern thief can steal more with a computer than with a gun. Tomorrow's terrorist may be able to do more damage with a keyboard than with a bomb”. The term ‘cyber crime’ has been evolved from two words ‘cyber’ and ‘crime’. ‘Crime’ is more or less known to each individual on his own stand point, while ‘cyber’ is almost vague in meaning to the same. So if any time anybody uses the prefix ‘cyber’, we simply mean, he is talking about something is doing online or there has certain networking system. Actually anything related to Internet falls under the cyber category. Computer crime or cyber crime is a form of crime where the Internet or computers are used as a medium to commit crime. Issues surrounding this type of crime have become high-profile, particularly...
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...Organized Crime and Cyber-Crime: Implications for Business Phil Williams, CERT® Coordination Center Introduction The capabilities and opportunities provided by the Internet have transformed many legitimate business activities, augmenting the speed, ease, and range with which transactions can be conducted while also lowering many of the costs. Criminals have also discovered that the Internet can provide new opportunities and multiplier benefits for illicit business. The dark side of the Internet involves not only fraud and theft, pervasive pornography and pedophile rings, but also drug trafficking and criminal organizations that are more concerned about exploitation than the kind of disruption that is the focus of the intruder community. In the virtual world, as in the real world, most criminal activities are initiated by individuals or small groups and can best be understood as “disorganized crime.” Yet there is growing evidence that organized crime groups or mafias are exploiting the new opportunities offered by the Internet. Organized crime and cyber-crime will never be synonymous – most organized crime will continue to operate in the real world rather than the cyber-world and most cyber-crime will continue to be the result of individuals rather than criminal organizations per se. Nevertheless, the degree of overlap between the two phenomena is likely to increase considerably in the next few years. This is something that needs to be recognized by business...
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...Abstract Cybercrime is a crime committed on the Internet using the computer as a tool and in some cases a targeted victim. The term “cyber” is a misdemeanor and is not defined (Dashora, 2011). Cybercrime is similar to conventional crime both include acts and commissions that are a breach of law counterbalanced by sanctions from the state. Cybercrime is the latest and most complicated problem in the cyber- world. Illegal methods of cybercrime are financial crimes, pornography, online gambling, intellectual property crime, e-mail spoofing, forgery, cyber-defamation, and cyber- stalking (Dashora, 2008). Cyber-Crimes and the Advancement of Technology In modern day, the economy is doing poorly and unemployment rates are at its highest. Individuals are struggling to obtain a job that pays well. It is sad to know that criminals are taking advantage of other individuals but these criminals never think about how they are hurting others by what they do. Cyber-crimes have become so popular in other countries and money laundering is a type of cyber-crime that has become a huge issue over the years. Today’s technology has made it easier for criminals to commit cyber-crimes because he or she does not have to expose his or her face because of the Internet. The new trend is for scammers to solicit through e-mails about job offers to trick individuals into falling for payment transfer scams (Hoax-Slayer, 2012). The recipient does not notice that he or she has committed a money laundering...
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...Ad idem ‘12 | Jurisdictional Issues in Cyber Crimes | | | | | Arashdeep Singh Gurm Address: #181 Anand Nagar A, Gurudwara Street Patiala(147001) E-Mail Id: arashdeepgurm@gmail.com Contact Number: 7508729986,9646020181 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Mohindra Kothi, Mall Road, Patiala - 147 001 (PUNJAB) | ABSTRACT In this essay I wish to discuss the various types of crimes that are emerging with special reference to developing countries like India By developing we mean where growth of Information Technology is rampant but still it has not reached its peak. Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. Throw light on the present system in India, how it is ineffective and also upon international treaties and legal solutions to deal with the same. I have suggested possible ways to tackle the problem taking into consideration the domestic laws in India. The inefficiency of legislature to enact a more user friendly law is also examined in detail. Turning back our focus on the main legal dilemma of Jurisdiction of Cyber Crime Courts we have suggested a model that would be successful in India taking into consideration its working in other countries. In my concluding remarks a problem solution approach is taking where we have addressed the issue and after due consideration the solution is suggested. If proposal taken...
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...Computers in Law Enforcement July 6, 2013 Ivy Bridge College/Tiffin University Abstract The goal of this article is provide an explanation of cybercrime offenses, and how they are committed, in order to provide the reader a better understanding of digital crime, such has hacking, identity theft, internet fraud and terrorism and what are the responsibilities of the internet provider in protecting the consumer against these attacks. A look out how children are being affected by cybercrime as well will be explored. In conclusion, possible solutions to cybercrime and agencies in which are responsible for the safety of the public will be reviewed and discussed on how these gaps can be addressed to improve the safety of the consumer (Gercke, 2012). Gaps in Understanding Over the past couple of decades, the internet has been beneficial to students, non-profit organizations, businesses and government. In addition, the increase of cyber-crime has also increased. It is necessary for parents, teachers, industry, and the government progressively thinking about protecting the Internet from the kids who may abuse it. According to the Department of Justice computer crime is categorized in three ways: 1. Cyber criminals target computers by spreading viruses and destroying valuable information needed to keep business in operation. 2. Cyber criminals use the computer as a weapon to commit traditional crimes, such as fraud or illegal gambling. 3. Cyber-criminals use the computer...
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...Applications (IJNCAA) 2(1): 127-137 The Society of Digital Information and Wireless Communications, 2012 (ISSN: 2220-9085) Cyber Forensics: Computer Security and Incident Response Virginiah Sekgwathe1, Mohammad Talib2 1 Directorate on Corruption and Economic Crime, Gaborone, BOTSWANA veesek@gmail.com 2 Department of Computer Science, University of Botswana, BOTSWANA talib@mopipi.ub.bw ABSTRACT The intensification of Information and Communications Technology usage in all facets of life exceedingly amplify the incidents of information security policy breaches, cyber crimes, fraud, commercial crimes, cyber laundering etc, hence require a well developed approach to tackle these incidents in order to realize legally defensible digital evidence. Since electronic evidence is fragile and can easily be modified, finding this data, collecting, preserving, and presenting it properly in a court of law is the real challenge. There is a need for use of semantic analysis to discover underlying security policy requirements and internal power structures and institutionalization of anti cyber attack, antimoney-laundering and regulatory schemes. The first responders to cyber security incidents often than always are an organization ICT personnel who are technically sound though may be deficient in investigative skill. The scientific standards of cyber forensics dictates the procedure as it promotes objectivity, a precise and well documented analysis, particularly...
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...CYBER CRIME Presented by : GROUP 3 CONTENT • • • • • • • • • • Introduction History of cyber crime Definition Categories of cyber crime Types of cyber crime Cybercrime statistics Cyber Threat Evolution Cyber crime in Philippines Safety tips Conclusion WHAT DO YOU KNOW? INTRODUCTION • Cybercrime is a term used broadly to describe activity in which computers or networks are a tool, a target, or a place of criminal activity. INTRODUCTION • Examples of cybercrime in which the computer or network is a TOOL of the criminal activity - Spamming and - Criminal copyright crimes, particularly those facilitated through peer-to-peer networks. INTRODUCTION • Examples of cybercrime in which the computer or network is a TARGET of criminal activity • - Unauthorized access (i.e, defeating access controls), • - malicious code, and denial-of-service attacks. INTRODUCTION • Examples of cybercrime in which the computer or network is a PLACE of criminal activity - theft of service (in particular, telecom fraud) and - certain financial frauds. BRIEF HISTORY • The first recorded cyber crime took place in the year 1820. That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. DEFINITION • Cyber Crime is a Crime committed using a computer and the internet to steal a person’s identity or illegal imports or malicious programs. Cybercrime is nothing but where the computer...
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...Title: Cybercrime is on a rise in UAE Part1: Introduction Crime is a popular issue that we always heard in this globalization era. It refers to any violation of law or the commission of an act forbidden by law. It can contribute to negative impact in term of social and economic development. Nowadays, there are a lot of crimes which increase around the world; United Arab Emirates is one of the countries at risk of these issues. One of these types is the cybercrime as; people want to keep up with technology and modern life. This matter in increase day by day as every day we hear from the news, newspaper and social media, there's a huge number of people who are victims cybercrime. Brenner (2010) in Cybercrime: Criminal Threats from Cyberspace book state, this type of crimes found in 21-century after the development and globalization because people used technology, but they don't have enough information and not aware about this issue. In addition, Cybercrime is the type of criminal crime which is punishable by law and it means that Using technology resources. Such as, the internet for committing serious crimes such as, deception, fraud, theft, copyright violations and extortion through online stalking, harassment, defamation, and invasion of privacy. Moreover, The cybercrime divided into three divisions, the first division is crimes...
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...A COMPREHENSIVE ANALYSIS ABOUT NECESSICITY OF INTERNET CENSORSHIP TO AVOID INCREASING CYBER CRIMES INTRODUCTION- In today’s life, we all are living in an internet age. Nearly everyone is using internet, computer or electronics source for the sake of mankind. We all are very dependent on all these modern equipments. Now it is one of the part and parcel of our day to day life. Earlier we always used to say that bread, cloth and house are three essential necessicities of mankind but now we have to add one most essential necessicities i.e. Use of computer. We all are so habitual and so dependent on computers such that if in future computers stops working then our life will also stops at the same time. As every coin has two sides, the computer also has one dark side. As we all are very much familiar about use of knife .It plays important role in everyone kitchen. Almost all uses the knife for the purpose of cutting the vegetables. But very few people use the knife for killing or hurting others. In the same way, few people are using the internet, computer for the purpose of doing wrong deeds or for doing crime. Day by day the use of computer as a weapon for the purpose of some misdeed is increasing. Many people have affected due to misuse of computer. Such people experienced monetary loss as well as defamation of image .Many girls facing trouble due unauthorized obscene profiles created by unknown persons without taking their prior permission. Young children...
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...The Role of Federal Agencies in Fighting Digital Crime Abstract The United States of America is the most connected and technologically advanced country in the world. The genius of our electrical engineers, computer scientists, and technology companies has helped to change the way that the world does business, made our daily lives safer and more enjoyable, and brought the world closer together. Albeit, these are remarkable innovations, but they have unfortunately given criminals, terrorists, and hostile states new opportunities to steal American property, disrupt our way of life, and compromise our National security. This paper will attempt to show the roles and challenges of law enforcement agencies such as the Secret Service, FBI, Department of Homeland Security, and others that have taken on roles to fight computer crimes and terrorism. This paper will also discuss how the U.S. could align the efforts of these agencies to better protect the nation against digital crimes and terrorism. Keywords: law enforcers, national security, protect, crime The Role of Federal Agencies in Fighting Digital Crime Cyber crooks are always working to steal the privacy and money of hard-working Americans. The computers of American consumers are subject to endless scams and schemes achieved by malicious e-mails, malware turning their computers into unwitting bots that send out unwanted spam, or the plethora of identity theft conjured up by these crooks to steal hard-working people’s...
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