Lecture 2 Nature of Cyber Crime

MEANING, DEFINITION, Dr Gagandeep Kaur
NATURE AND SCOPE Assistant Prof. in Law (SS)

School of Law, UPES
OF CYBER CRIME
INTRODUCTION
INTRODUCTION
Crime is not a single phenomenon that can be examined, analyzed and
described in one piece: Multiple Factors (Theories)
It occurs in every part of the country and in every stratum of society.
The offenders and its victims are people of all ages, income and
backgrounds. Its trend are difficult to ascertain. Its causes are legion. Its
cures are speculative and controversial.
Computer related crimes, popularly called as Cyber Crimes, are most
latest among all the crimes .
UNDERSTANDING THE
CONTEXT
Citizens into have been robbed, children in danger, ruined corporations, threatened states –
cybercriminals are spreading their influence as fast as the Internet is developing. Since we
do not see or know them, we thus giving them their strength. No one is immune.
Whether via the manipulation of opinion, spying, identity theft, terrorism, harassment,
swindles, financial fraud or various types of crimes, cybercrime touches all of society. By
simply using services offered by the Internet, users are vulnerable to criminal threat and
can become a victim or an unwilling author of a crime.
Cybercrime has become a reality of contemporary life. It has had greater or lesser
consequences for people, organizations and states, but over a few short years, it has grown
into a veritable plague on society.
ICT: MERITS & DEMERITS
Information and communication technologies (ICT) allow huge amounts of information
to be stored, processed, accessed, searched, transmitted, exchanged, and disseminated,
regardless of geographic distance. These unprecedented possibilities lead to new services
that can improve economic development and the dissemination of knowledge. But at the
same time, new types of crime have appeared, as well as old crimes committed with new
technologies.
CYBER CRIME: DEFINITION
The term ‘Crime’ has neither been defined in the Information Technology Act ,
2000 nor in the Information Technology (Amendment ) Act , 2008 nor in any other
legislation in India.
In fact , it is quite difficult , if not impossible, to define the word Crime. The word
‘Offence’ has been defined under the Indian Penal Code, 1860 and also in quite a
few other legislations too. In order to define Cyber Crime, we can say, it is a crime
associated with or commit ted with the help of computers.
CYBER CRIME: DEFINITION-
DERIVE FROM ‘CRIME’
According to Merriam Webster Dictionary, “Crime is an act or the
commission of an act that is forbidden or the omission of a duty that
is commanded by a public law and that makes the of fender liable to
punishment by that law, especially - a gross violation of law.”
Blackstone defines Crime as “an act committed or omitted in
violation of a public law either forbidding or commanding it.”
COMPUTER+ICT+ INTERNET=CYBER CRIME
NATURE OF CYBER CRIME
In a cyber crime, the computer or the data
itself is either a target or the object of an of
fence or a tool employed in commit ting
some offence, and thus providing the
necessary inputs for that of fence.
All such acts of crime come under the
broad meaning of the term Cyber Crime.
1. CYBER CRIME AND COMPUTER CRIME:
SYNONYMS
The words “Cybercrimes” and “Computer crimes” are used interchangeably in
common parlance.
Therefore, it is necessary to define the difference between cyber crime and computer
crime. Computer crimes generally include crimes whose
perpetrators utilize a computer or computers to commit
them, and cybercrimes are those crimes that involve a
computer network.
2. GLOBAL ISSUE: NATIONAL
AND INTERNATIONAL
The nature of cybercrime and the legal issues are global.
Through international organizations, such as the G-8 Group, OAS (Organization of
American States), APEC (Asia-Pacific Economic Cooperation) and the Council of
Europe, UNCITRAL Law efforts have been taken to ensure the harmonization of
provision in the individual countries.
3. TRANS-BORDERS:
JURISDICTION
The internet is a vast expanse spanning the globe and consists of several computer
networks. It is also known as an ‘information superhighway’, which refers to the
lack of ‘limits’ and the volume of traffic on the internet.
Cyber-attacks do not entail any boundaries. They involve multiple players, raising
serious concerns regarding the exercise of jurisdiction. Since the nature of the
problem is collective, therefore, an amicable remedy needs to be evolved without
deviating from the target of curbing cyber-crime.
4. OLD CRIMES WITH NEW
MODES
Cyber crime encompasses any criminal act dealing with computer
and networks. Additionally, cyber crime also includes traditional
crimes conducted through the Internet. For example; hate crimes,
telemarketing and Internet fraud, identity theft, and credit card
account thefts are considered to be cyber crimes when the illegal
activities are committed through the use of a computer and the
Internet.
5. WHITE COLLAR CRIME
Computer crime is a crime in which the perpetrator uses special
knowledge about computer technology but in cyber crimes, the
perpetrator uses special knowledge of cyberspace.
They are organized and white collar crimes like cyber frauds, hacking,
data theft , phishing, identity theft, etc. Cyber crimes are committed with
the help of technology an d cyber criminals have a deep understanding of
technology. In fact , cyber criminals are technocrats who understand the
intricacies of Information Technology.
6. EVIDENTIARY VALUE
On the evidence perspective, the nature of investigation is weak. In the
traditional crimes the criminals after or during the commission of
crime usually leave any proof of that crime like fingerprints or other
physical proof.
According to the Forensic investigators usually having the experience
of difficulty in gathering evidence for the conviction of cybercriminals
because after the commission of crime they change their identities or
doing the crime on the basis of fake identities of others.
7. GLOBAL IN NATURE
Cyber crimes are Global in character. In the era of liberalization and
globalization we must recognize cyber crime as significantly new
phenomena which have political, social and economic impact
worldwide.
The global connectivity of internet makes possible for existing
organized criminals to use sophisticated techniques to communicate
between groups and within a group to support and develop networks for
illegal arms trafficking, money laundering, drugs trafficking,
pornography and other cyber crimes.
8. DARK WEB AND DARK NET
The dark web refers to encrypted online content that is not indexed by conventional
search engines. Sometimes, the dark web is also called the dark net. The dark web is a
component of the deep web that describes the wider breadth of content that does not
appear through regular Internet browsing activities. Most deep web content consists of
private files hosted on Dropbox and its competitors or subscriber-only databases rather
than anything illegal.
Specific browsers, such as Tor Browser, are required to reach the dark web. Using the
dark web often provides considerably more privacy than just using Tor to access the
web. Many dark web sites simply provide standard web services with more secrecy,
which benefits political dissidents and people trying to keep medical conditions private.
Unfortunately, online marketplaces for drugs, exchanges for stolen data, and other illegal
activities get most of the attention.

Lecture 2 Nature of Cyber Crime

Uploaded by

Copyright:

Available Formats

Lecture 2 Nature of Cyber Crime

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lecture 2 Nature of Cyber Crime

Uploaded by

Copyright:

Available Formats

MEANING, DEFINITION, Dr Gagandeep Kaur

NATURE AND SCOPE Assistant Prof. in Law (SS)

You might also like