NATURE OF CYBER CRIMES By Abhishek Rana at Lexcliq

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. Word ‘Offence’ has been defined under the Indian Penal Code 1860 and also in quite a few other legislations too. So  in order to define Cyber Crime we can say  it is a crime associated with or committed with the help of  the computers.

 

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.

 

. Global issue: national and international

  • The nature of the 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 harmonization of provision in the individual countries.

 

Trans-borders: jurisdiction

  • Internet is a vast expanse spanning the globe and consists of several computer networks. It is also known as the information super highway 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.

 

Old crimes with new modes

  • Cyber crime encompasses any criminal act dealing with computer and networks. Additionally the cyber crime also includes traditional crimes conducted through the Internet. Example hate crimes, telemarketing and Internet fraud, identity theft, and credit card account thefts are considered to be the cyber crimes when the illegal activities are committed through the use of a computer and Internet.

 

 

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 the 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.

 

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

 

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.

 

Dark web and dark net

  • Dark web refers to encrypted online content that is not indexed by conventional search And sometimes the dark web is also called the dark net. The dark web is a component of the deep web that describes wider breadth of content that does not appear through regular Internet browsing activities. The most deep web content consists of private files hosted on the Dropbox and its competitors or subscriber-only databases rather than anything illegal.
  • Also specific browsers such as Tor Browser, are required to reach the dark web. Using the dark web often provides the considerably more privacy than just using Tor to access the web. So many dark web sites simply provide standard web services with more secrecy which benefits political dissidents and people trying to keep medical conditions private. And unfortunately online marketplaces for drugs, exchanges for stolen data, and other illegal activities get most of the attention.

 

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