INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION

What is Cybercrime? Therefore, as the technological advance, the number of

Cybercrime is an activity done using computers and cybercrime cases increased. There is no reliable and precise
internet. We can say that it an unlawful act wherein the computer statistics of the losses the victims gain as the fact that victims do
either as a tool or target or both. not detect many of these crimes. Therefore, fights against
Cybercrime is any crime that takes place online or primary computer crimes begun.
online. That can run the gamut from the aforementioned identity Several individuals were engaged in the fight against
theft and other security breaches to things like “revenge porn”, computer crime from the early development. The founder and
cyber-stalking, harassment, bullying and even child sexual father of the knowledge of computer crimes are by many observers
exploitation. Terrorist are collaborating more on the Internet, considered to be Donn B. Parker, USA. He was involved in the
moving that most terrifying of crimes into cyberspace. research of computer crime and security from the early 1970.
He served as a Senior Computer Security consultant at SRI
History of cybercrime International (Stanford Research Institute), and was the main
The first recorded cybercrime took place in 1820. That is not author of the first basic federal manual for law enforcement in the
surprising considering the fact that the abacus, which is thought to USA: “computer Crime – Criminal Justice Resource Manual”
be the earliest from a computer, has been around since 3500 B.C. (1979). This manual become soon an encyclopedia also for law
In India, Japan and China, the era of modern computer, however, enforcement outside US.
began with the analytical engine of Charles Babbage. The first
spam email took place in 1976 when it was sent out over ARPANT. Development of Computer Crime and Cybercrime
The first virus was installed on an Apple computer in 1982 when a The criminal abuse of information technology and the
high school student, Rich Skrenta, developed the EIK Cloner. necessary legal response are issues that have been discussed ever
Cybercrime first started with hackers trying to break into since the technology was introduced. Over the last 50 years,
computer networks. Some did it just for the thrill of accessing high- various solutions have been implemented at the national and
level security networks, but other sought to gain sensitive, regional levels. One of the reasons why the topic remains
classified material. Eventually, criminals started to infect computer challenging is the constant technical development, as well as the
systems with computer viruses, which led to breakdowns on changing methods and ways in which the offenses are committed.
personal and business computers. In the 1060’s, the introduction of transistor-based computer
Banks and other financial institutions were amongst the first systems, which were smaller and less expensive than vacuum-tube
large scale computer users in the private sector, for automate based machines, led to an increase in the use of computer
payroll and accounting functions. Therefore, fraud in a computer technology. At this early stage, offenses focused on physical
scheme merge. One of the first cases cited as an instance of a damage to computer systems and stored data. Such incidents were
computer fraud involved an equity-funding Corporation in the US. reported, for example, in Canada, wherein in 1969 a student riot
The frauds succeeded because the auditors and regulators caused a fire that destroyed computer data hosted at the
accepted computer printouts as definitive evidence of policies and university. In the mid-1960’s, the United States started to debate
did not ask original documentation. When the fraud was on the creation of a central data-storage authority for all ministries.
discovered, some 64,000 out of 97,000 policies allegedly issued by Within this context, possible criminal abuse of databases and the
the company proved to be false, almost 1 billion pounds estimated related risks to privacy were discussed.
to be the lost.
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INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION
In the 1970’s, the use of computer systems and computer set up study groups to analyze the phenomena and evaluate
data increased further. At the end of the decade, an estimated possibilities for legal response.
number of 100,000 mainframe computers were operating in the The introduction of the graphical interface (“WWW”) in the
United States. With falling prices, computer technology was more 1990s that was followed by a rapid growth in the number of
widely used within administration and business, and by the public. internet users led to new challenges. Information legally made
The 1970s were characterized by a shift from the traditional available in one country was available globally – even in countries
property crimes against computer systems that had dominated the where the publication of such information is criminalized. Another
1960s, to new forms of crimes. While physical damage continued to concern associated with online services that turned out to be
be relevant forms of criminal abuse against computer systems, new especially challenging in the investigation of transnational crime
forms computer crime was recognized. They included the illegal was the speed of information exchange. Finally, the distribution of
use of computer systems and the manipulation of electronic data. child pornography moved from physical exchange through websites
The shift of manual to computer-operated transactions led to and internet services. While computer crimes were in general local
another new form of crime computer-related fraud. Already at this crimes, the internet turned electronic crimes into transnational
time, multimillion-dollar losses were caused by computer-related crime. As a result, the national community tackled the issue more
fraud. Computer-related fraud, in particular, was a real challenge, intensively. UN General Assembly Resolution 45/121 adopted in
and law enforcement agencies were investigating more and more 1990 and the manual for the preservation and control of computer-
cases. As the application of existing legislation in computer-crime related crimes issued in 1994 are just two examples.
cases led to difficulties, a debate about legal solutions started in As in each preceding decade, new trends in computer
different parts of the world. The United States discussed a draft bill crimes and cybercrimes continued to be discovered in the 21 st
designed specifically to address cybercrime. Interpol discussed the century. The first decade of the first millennium was dominated by
phenomena and possibilities for legal response. new, highly, sophisticated methods of committing crimes, such as
In the 1980s, personal computers become more and more “phishing”, and “botnet attacks” and the merging use of technology
popular. With this development, the number of computer systems that is more difficult for the law enforcement to handle and
and hence the number of potential targets for criminals again investigate, such as “voice-over-IP (VoIP) communication” and
increased. For the first time, the targets included a broad range of “cloud computing”. It is the not only the methods that changed, but
critical infrastructure. One of the side effects of the spread of also the impact. As offenders become able to automate attacks, the
computer systems was an increasing interest in software, resulting number of offences increased. Countries and regional and
in the emergence of the first forms of software piracy and crimes international organizations have responded to the growing
related to patents. The interconnection of computer systems challenges and given response to cybercrime high priority.
brought about new type of offence. Networks enabled offenders to
enter a computer system without being presented at the crime What is Cybercrime?
scene. In addition, the possibility of distributing software through Have you ever received an email saying you have inherited
networks enabled offenders to spread malicious software and more five million dollars from a prince in another country? According to
and more computer viruses were discovered. Countries started the the email, all you need to do is to provide the sender with your
process of updating their legislation so as to meet the requirements bank account number and he’ll put the money in your account,
of a changing criminal environment. International organizations making you an instant millionaire! Sometimes, this scheme actually
also got involved in the process. OECD and the Council of Europe works. As a result, unfortunate individuals who provide the prince

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INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION
with their bank account numbers later discovered that their magnitude. Approximately $1.5 billion was lost in 2012 to online
accounts had been cleaned out. credit and debit card fraud in the US. In 2016, a study by Juniper
Cybercrime consists of all illegal activity conducted on a Research estimated that the costs of cybercrime could be as high
computer. Traditional crimes may be committed while using a as 2.1 trillion by 2019.
computer, but cybercrime consists of more specific types of crimes There has been confusion on the criteria used to determine
such as phishing schemes and viruses. the definition of the term Cyber Crimes or computer crimes. Some
Cybercrime, or computer-oriented crime, is crime that argued that, it is any crime that involves the use of computer; some
involves a computer and a network. The computer may have been argued that, it is a crime in the presence of a computer. However,
used in the commission of a crime, or it may be the target. some have criticized the categorization of cybercrime. Don
Cybercrimes can be defined as: Offenses that are committed Gotternbarn argued that, there is nothing special on the crimes
against individuals or groups of individuals with a criminal motive that happen to involve computers. Is it possible for a crime being
to intentionally harm the reputation of the victim or cause physical categorized in accordance to a tool, equipment, mechanism or
or mental harm, or loss, to the victim directly or indirectly, using means through which it was committed? If that's so, how many
modem telecommunication networks such as Internet (networks categories of crime would be there? How about the crime
including but not limited to Chat rooms, emails, notice boards and committed through using a television, automobiles, scalpel,
groups) and mobile phones (Bluetooth/SMS/ MMS)". scissors, and other tools, can we categorize each of them as
Cybercrime may threaten a person or security and financial individual crimes?
health. Issues surrounding these ntypes of crimes have become
high-profile, particularly those surrounding hacking, copyright Concept of Cyber Crime (Gotternbarn)
infringement, unwarranted mass surveillance, sextortion, child In arguing against Gotternbarn, it is true that, we may not
pornography, and child grooming. categorize other crimes in accordance to tools, equipment,
There are also problems of privacy when confidential mechanism or means through which they were committed
information is intercepted or disclosed, lawfully or otherwise. However, due to the nature and features of Cyber Crimes which
Debarati Halder and K. Jaishankar further define cybercrime differentiate, the traditional universe and the cyber universe, led
from the perspective of gender and defined cybercrime against the traditional universe tremble like an earthquake, makes crimes
women as «Crimes targeted against women with a motive to difficult to control than they were before, this initiates the concept
intentionally harm the victim psychologically and physically, using of these crimes being necessary categorized as Cyber Crimes.
modern telecommunication networks such as internet and mobile Therefore, let Cyber Crimes be Cyber Crimes. Forester and
phones". Internationally, both governmental and non-state actors Morrison argued that, cyber-crime is a criminal act in which a
engage in cybercrimes, including espionage, financial theft, and computer is used as a principal tool. In that matter, the theft of
other cross-border crimes. Cybercrimes crossing international computer hardware device, would not qualify as computer crime.
borders and involving the actions of at least one nation state is Is it true by using a computer as the principal tool to commit
sometimes referred to as cyberwarfare. a crime will amount to the computer or cybercrime? For instance,
A report (sponsored by McAfee) estimates that the annual in taxable transactions, in the case of data entry, can't a person
damage to the global economy is at $445 billion; however, a commit fraud by just filling the wrong data into hardcopy version of
Microsoft report shows that such survey-based estimates are tax forms which are the same available in electronic forms?
"hopelessly flawed" and exaggerate the true losses by orders of

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INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION
Roy Girasa (2002) argued that, cybercrime is a generic term computer by the criminal as one of the first famous computer
covering the multiplicity of crimes found in penal codes or in criminals did.
legislation having the use of computers as a center component. To However, the relationship can be also be indirect, the
him Ubiquity, global reach, universal standards, information criminal can not only use a computer to commit his crime but can
richness, interactivity, information density. personalization/ also use someone to make changes in a computer system, by
customization, and social technology. As a result of these features, manipulating a key computer user. Thus, one being the exploitation
it achieves unprecedented reach, and makes available vast of weaknesses in the technical IT infrastructure, the other being
amounts of information, of varying degrees of quality. Internet exploitation of trust in social fabric of IT users within the
users cannot be regarded as a homogenous group. organization
Cybercrime is a crime as long as the penal codes and any
other legislation clearly stipulate it as involving not only the use of Cybersecurity and Cybercrime
computers but the use of computers as the center component. "Cybersecurity is the collection of tools, policies, security
At the Tenth United Nations Congress on the Prevention of concepts, security safeguards, guidelines, risk management
Crime and Treatment of Offenders, in a workshop devoted to the approaches, actions, training, best practices, assurance and
issues of crimes related to computer networks, cybercrime was technologies that can be used to protect the cyber environment
broken into two categories and defined thus: and organization and user's assets. Organization and user's assets
1. Cybercrime in a narrow sense (computer crime): Any include connected computing devices, personnel, infrastructure,
illegal behavior directed by means of electronic applications, services, telecommunication systems, and the totality
operations that targets the security of computer of transmitted and/or stored information in the cyber environment.
systems and the data processed by them. Cybersecurity strives to ensure the attainment and maintenance of
2. Cybercrime in a broader sense (computer-related the security properties of the organization and user's assets
crime): Any illegal behavior committed by means of, or against relevant security risks in the cyber environment.
in relation to, a computer system or network, including Cyber Security involves protection of sensitive personal and
such crimes as illegal possession and offering or business information through prevention, detection and response
distributing information by means of a computer to different online attacks. Cyber security actually preventing the
system or network. attacks.
Even though this definition is not completely definitive,
however it gives us a good starting point, for determining just what Cyber Security - Privacy Policy:
cybercrime means, by incorporating computer crime and computer Before submitting your name, e-mail, address, on a website
related crime. look for the sites privacy policy. Keep Software Up to Date: If the
seller reduces patches for the software operating system your
Computer crime has two elements: device, install them as soon as possible. Installing them will
1. Computer prevent attackers form being able to take advantage. Use good
2. Crime password which will be difficult for thieves to guess. Do not choose
Therefore, it involves a crime in a relationship with a option that allows your computer to remember your passwords.
computer. The relationship could involve the direct usage of a

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INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION
DISABLE REMOTE CONNECTIVITY: responsibility requiring coordinated action related to prevention,
Some PDA's and phones are equipped with wireless preparation, response and recovery from incidents on the part of
technologies, such as Bluetooth, that can be used to connect to government authorities, the private sector and citizens. At the
other devices or computers. You should disable these features regional and international level, this entails cooperation and
when they are not in use. coordination with relevant partners. The formulation and
implementation of a national framework and strategy for
ADVANTAGES OF CYBER SECURITY cybersecurity thus requires a comprehensive approach.
The cyber security will defend us from critical attacks. Cybersecurity strategies for example, the development of
1. It helps us to browse the site, website. technical protection systems or the education of users to prevent
2. Internet Security process all the incoming and outgoing them from becoming victims of cybercrime can help to reduce the
data on your computer. risk of cybercrime. The development and support of cybersecurity
3. It will defend us from hacks and virus. 4. Application of strategies are a vital element in the fight against cybercrime.
cyber security used in our PC needs update every week The legal, technical and institutional challenges posed by the
issue of cybersecurity are global and far reaching, and can only be
SAFETY TIPS TO CYBER CRIME addressed through a coherent strategy considering the role of
1. Use antivirus Software different stakeholders and existing initiatives, within a framework
2. Insert Firewalls of international cooperation. In this regard, the World Summit on
3. Uninstall unnecessary software the Information Society (WSIS) recognized the real and significant
4. Maintain backup risks posed by inadequate cybersecurity and the proliferation of
5. Check security settings cybercrime. The provisions of §§ 108-110 of the WSIS Tunis Agenda
for the Information Society including the Annex, set out a plan for
Cybercrime and cybersecurity are issues that can hardly be multi-take holder Understanding cybercrime: Phenomena,
separated in an interconnected environment. The fact that the challenges and legal response implementation at the international
2010 UN General Assembly resolution on cybersecurity addresses level of the WSIS Geneva Plan of Action, describing the multi
cybercrime as one major challenge underlines this. Cybersecurity stakeholder implementation process according to eleven action
plays an important role in the ongoing development of information lines and allocating responsibilities for facilitating implementation
technology, as well as Internet services. Enhancing cybersecurity of the different action lines. At WSIS, world leaders and
and protecting critical information infrastructures are essential to governments designated ITU to facilitate the implementation of
each nation's security and economic well-being. Making the WSIS Action Line C5, dedicated to building confidence and security
Internet safer (and protecting Internet users) has become integral in the use of ICTS. In this regard, the ITU Secretary-General
to the development of new services as well as government policy. launched the Global.
Deterring cybercrime is an integral component of a national Cybersecurity Agenda (GCA) on 17 May 2007, alongside
cybersecurity and critical information infrastructure protection partners from governments, industry, regional and international
strategy. In particular, this includes the adoption of appropriate organizations, academic and research institutions. The GCA a
legislation against the misuse of ICTS for criminal or other global framework for dialogue and international cooperation to
purposes and activities intended to affect the integrity of national coordinate the international response to the growing challenges to
critical infrastructures. At the national level, this is a shared cybersecurity and to enhance confidence and security in the

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INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION
information society. It builds on existing work, initiatives and of all the necessary substantive criminal law provisions to
partnerships with the objective of proposing global strategies to criminalize acts such as computer fraud, illegal access, data
address today's challenges related to building confidence and interference, copyright violations and child pornography. The fact
security in the use of ICTS. Within ITU, the GCA complements that provisions exist in the criminal code that are applicable to
existing ITU work programs by facilitating the implementation of similar acts committed outside the network does not mean that
the three ITU Sectors cybersecurity activities, within a framework they can be applied to acts committed over the Internet as well.
of international cooperation. Therefore, a thorough analysis of current national laws is vital to
The Global Cybersecurity Agenda has seven main strategic identify any possible gaps. Apart from substantive criminal law
goals, built on five work areas: provisions, the law-enforcement agencies need the necessary tools
1) Legal measures: and instruments to investigate cybercrime. Such investigations
2) Technical and procedural measures; themselves present a number of challenges. Perpetrators can act
3) Organizational structures; from nearly any location in the world and take measures to mask
4) Capacity building; and their identity. The tools and instruments needed to investigate
5) International cooperation. cybercrime can be quite different from those used to investigate
ordinary crimes.
The fight against cybercrime needs a comprehensive
approach. Given that technical measures alone cannot prevent any
crime, it is critical that law-enforcement agencies are allowed to
investigate and prosecute cybercrime effectively. Among the GCA
work areas, "Legal measures" focuses on how to address the
legislative challenges posed by criminal activities committed over
ICT networks in an internationally compatible manner. "Technical
and procedural measures" focuses on key measures to promote
adoption of enhanced approaches to improve security and risk
management in cyberspace, including accreditation schemes,
protocols and standards. "Organizational structures" focuses on the
prevention, detection, response to and crisis management of
cyberattacks, including the protection of critical information
infrastructure systems. "Capacity building" focuses on elaborating
strategies for capacity-building mechanisms to raise awareness.
transfer know-how and boost cybersecurity on the national policy
agenda. Finally, "International cooperation focuses on international
cooperation, dialogue and coordination in dealing with cyber
threats.
The development of adequate legislation and within this
approach the development of a cybercrime related legal framework
is an essential part of a cybersecurity strategy. This requires first

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