The problems of the internet crime and the necessity for computer related laws

cyber crime laws

Cyber law provides legal protections to people using the internet. Method of cybercrime investigation There are many ways for cybercrime to take place, and investigations tend to start with an IP Address trace, however, that is not necessarily a factual basis upon which detectives can solve a case.

how to prevent cyber crime

Trade Secrets. However, the law also has significant shortcomings and lacunae. That is, why must the hacker only be capable of forming the intent to access data that are vital to national security or computer data or program or commercially sensitive or classified data or any type of data for that matter?

In identifying the possible interpretation, implementation and enforcement challenges of the law, the paper examines the UK Computer Misuse Act CMA and the rationale of the Law Commission in proposing the 'basic hacking' offence.

The problems of the internet crime and the necessity for computer related laws

While these crimes occur online, they affect the lives of actual people. The theory proceeds on the principle that it is morally right to hate criminals and society extracts retaliation for the crime through the suffering of the offender based on a principle of equality or like for like. Whatever the purpose, any environment in which people interact can lead to friction and disagreements of various sorts. One area of Internet pornography that has been the target of the strongest efforts at curtailment is child pornography , which is illegal in most jurisdictions in the world. In other words, what is the effect of enumerating specific heads of further offences under sections 6 1 and 2? The email asks victims to update their account information on the website, but when victims click on the link within the email, they are taken to a copycat website that secretly captures the information they enter. This may include potentially more serious offences such as hacking into a hospital computer which contains details of blood groups and rearranging the data with the intention that a patient should be seriously injured by being given the wrong blood. As the debate on the law then a bill before the National Assembly demonstrates, lawmakers clearly misunderstood the legal and technical issues involved in hacking and were not convinced by the underlying rationale for criminalising basic hacking. In lawsuits, it is now common to request electronic records and physical records. When a cybercrime is committed against the government, it is considered an attack on that nation's sovereignty and an act of war. However, while the utilitarian theory is useful in explaining and justifying an offence of basic hacking, its approach to punishment may give rise to concerns. For example, if the prosecution argues that fraudulent purpose can be inferred from access to content data or programs, the defense could counter the argument by pointing out that as some content data or computer programs are accessible as a matter of course, it is immaterial whether a person logs on with a fraudulent or innocent intent. If a cybercriminal is located in Minnesota and their victim is located in North Carolina, which state has jurisdiction? An area where this has become a big issue is in terms of litigation. Online businesses are required to protect their customer's privacy.

Punishment would normally follow the precedent under the Criminal Code and would be one-half of that prescribed for the substantive offence of actually accessing the data or content. For example, because hackers are often characterised as well-educated, young, technology-savvy individuals, [62] questions may arise on the desirability of exposing such individuals to the full impact and severity of the penal system with its attendant stigmatisation and implications for recidivism.

This is not the case. For example, two Russian hackers had been evading the FBI for some time.

Problems of cyber crime

The second is for new online business methods. For example, because hackers are often characterised as well-educated, young, technology-savvy individuals, [62] questions may arise on the desirability of exposing such individuals to the full impact and severity of the penal system with its attendant stigmatisation and implications for recidivism. It however concludes that to legitimise the offence, punishment must be reflective of and fit the crime. Section 24 provides that 'Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial. If …I pick your computer system and I try to crosscheck a file, I do not think it is an offence. At the level of an individual threat actor, threat intelligence is often referred to that actor's "TTP", or "tactics, techniques, and procedures," as the infrastructure, tools, and other technical indicators are often trivial for attackers to change. He the utilitarian might answer "Exactly as much as is necessary to offset the bad effects of the crime. On 3 August , Canadian federal prosecutors charged MafiaBoy with 54 counts of illegal access to computers, plus a total of ten counts of mischief to data for his attacks. This is a contract. Categories of Cyber Crime Generally, there are three major categories of cybercrimes that you need to know about. Raising awareness about how information is being protected and the tactics criminals use to steal that information continues to grow in importance.

Whatever the purpose, any environment in which people interact can lead to friction and disagreements of various sorts. The Law commission of England and Wales hereafter the Law Commission refers to this as the 'basic hacking' offence.

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Cyber Law: Everything You Need to Know