At the onset, let us satisfactorily define “cyber crime” and differentiate it from “conventional crime”.
Cyber crime can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.
Defining cyber crimes, as “acts that are punishable by the Information Technology Act” would be unsuitable as the Indian Penal Code also covers many cyber crimes, such as email spoofing and cyber defamation, sending threatening emails etc.
A simple yet sturdy definition of cyber crime would be “unlawful acts wherein the computer is either a tool or a target or both”.
Let us examine the acts wherein the computer is a tool for an unlawful act. This kind of activity usually involves a modification of a conventional crime by using computers. Some examples are.
Wednesday, January 17, 2007
Cyber Crimes
Introduction
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. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage.
In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom. This device allowed the repetition of a series of steps in the weaving of special fabrics. This resulted in a fear amongst Jacquard's employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This is the first recorded cyber crime!
Today, computers have come a long way, what with neural networks and nano-computing promising to turn every atom in a glass of water into a computer capable of performing a billion operations per second.
Cyber crime is an evil having its origin in the growing dependence on computers in modern life. In a day and age when everything from microwave ovens and refrigerators to nuclear power plants is being run on computers, cyber crime has assumed rather sinister implications.
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. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage.
In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom. This device allowed the repetition of a series of steps in the weaving of special fabrics. This resulted in a fear amongst Jacquard's employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This is the first recorded cyber crime!
Today, computers have come a long way, what with neural networks and nano-computing promising to turn every atom in a glass of water into a computer capable of performing a billion operations per second.
Cyber crime is an evil having its origin in the growing dependence on computers in modern life. In a day and age when everything from microwave ovens and refrigerators to nuclear power plants is being run on computers, cyber crime has assumed rather sinister implications.
Monday, January 15, 2007
Internet Law in 2007
As we start off the 2007 year, many in the web community probably have questions about what developments we can expect in web law in 2007. Well, the issues already appear to be coming together.
Internet Law in 2007
The beauty of the web is it is still a relatively new communication platform and is evolving on a daily basis. From a legal standpoint, this raises all kinds of issues and problems. The law prefers stability. It is also generally slow to react to new issues. Since the net is evolving on a daily basis, this puts the legal issues regarding it in some what of a time warp. Simply put, the law is a couple years behind on issues such as phishing, privacy and so on. Still, 2007 is cranking up to be an interesting year.
One of the major areas where we should see more legal wrangling in 2007 is privacy rights. While you might immediately jump to the conclusion I am talking about how the government invades our privacy, I am not. Instead, the issue of how companies use our private information is going to come front and center again. Specifically, the security used by companies in protecting our information is laughable. It seems a day does not pass without a company announcing it has been hacked and private information exposed. Frankly, it is a miracle that identity theft is not a bigger problem.
Regardless, you should expect Congress and lawsuits to carve out clearer rules on this issue.
In some ways, 2007 will be the same as 2006, 2005 and so on in one are – copyright. If you work on the web, you are probably sick of hearing about copyright by now. I am! Still, the issue continues to rear its head as new web innovations arise. The obvious issue arising now is YouTube and similar sites. Specifically, what happens when people post content that they do not own the copyright on? Well, things are going to get interesting to say the least. Unlike Napster, YouTube is now backed by big money Google, and has the deep pockets to fight copyright claims by the music industry, etc. This doesn’t necessarily mean it will win, but it should be an interesting fight!
A second area of copyright law as applied to the web is also starting to show some strength. It is in the field of search engine optimization, to wit, the great game of trying to obtain organic rankings for your site on Google, Yahoo, MSN and so on. Google is at the center of the issue. It has implemented a duplicate content filter that basically eliminates certain pages from the rankings if they have the same content as other sites. This is becoming aggravating for certain sites when their content is stolen, used on another site and then the offending site is used in the rankings. It is blatant copyright infringement and you can expect to see larger sites taking legal action to protect their turf.
Since the web evolves a breakneck speed, you can expect there to be many more legal areas popping up in 2007. SPAM may very well be one of them given the monumental failure of the CAN-SPAM Act. As to other areas, we will just have to wait and watch.
Internet Law in 2007
The beauty of the web is it is still a relatively new communication platform and is evolving on a daily basis. From a legal standpoint, this raises all kinds of issues and problems. The law prefers stability. It is also generally slow to react to new issues. Since the net is evolving on a daily basis, this puts the legal issues regarding it in some what of a time warp. Simply put, the law is a couple years behind on issues such as phishing, privacy and so on. Still, 2007 is cranking up to be an interesting year.
One of the major areas where we should see more legal wrangling in 2007 is privacy rights. While you might immediately jump to the conclusion I am talking about how the government invades our privacy, I am not. Instead, the issue of how companies use our private information is going to come front and center again. Specifically, the security used by companies in protecting our information is laughable. It seems a day does not pass without a company announcing it has been hacked and private information exposed. Frankly, it is a miracle that identity theft is not a bigger problem.
Regardless, you should expect Congress and lawsuits to carve out clearer rules on this issue.
In some ways, 2007 will be the same as 2006, 2005 and so on in one are – copyright. If you work on the web, you are probably sick of hearing about copyright by now. I am! Still, the issue continues to rear its head as new web innovations arise. The obvious issue arising now is YouTube and similar sites. Specifically, what happens when people post content that they do not own the copyright on? Well, things are going to get interesting to say the least. Unlike Napster, YouTube is now backed by big money Google, and has the deep pockets to fight copyright claims by the music industry, etc. This doesn’t necessarily mean it will win, but it should be an interesting fight!
A second area of copyright law as applied to the web is also starting to show some strength. It is in the field of search engine optimization, to wit, the great game of trying to obtain organic rankings for your site on Google, Yahoo, MSN and so on. Google is at the center of the issue. It has implemented a duplicate content filter that basically eliminates certain pages from the rankings if they have the same content as other sites. This is becoming aggravating for certain sites when their content is stolen, used on another site and then the offending site is used in the rankings. It is blatant copyright infringement and you can expect to see larger sites taking legal action to protect their turf.
Since the web evolves a breakneck speed, you can expect there to be many more legal areas popping up in 2007. SPAM may very well be one of them given the monumental failure of the CAN-SPAM Act. As to other areas, we will just have to wait and watch.
Short Synopsis Of Cybercrime
To many involved in criminal dense, cyber crime is the bane of the 21st Century. It accounts for millions in ill-gotten earnings each year. Vast criminal networks spanning the global are now actively involved in cyber crimes of one sort or another. The potential for future earnings is almost unlimited and the relatively safety that the Internet provider cyber criminals means that it is extremely hard to catch. Victims mount up. However, things were not always this way.
In the early days of cyber crime the world of cyber crime was seen as a rather harmless prank by computer geeks showing off how much they knew about the working of computer networks. It was tantamount to a dare, you say it cannot be done and we will show you how it can. Relatively little harm was intended and criminal defense lawyers did not have their work cut-out showing this. Indeed, few if any specific criminal laws were on the statutes that regulated cyber crimes in the early days and most of the criminal defenses were bog-standard.
As times changed, so did the nature of the cyber crime. More technological advances and cheaper access to hardware and software meant that the Internet became a domain anyone could access. More sinister fraud came to the attention of the authorities. Child related crimes, such as child pornography, became known widely. With the escalation of the criminal element of the cyber crime, new laws were needed and specialist criminal defense lawyers were required.
However, even only as recently as the last five years cyber crime was still controllable. Cyber crime was not a major revenue earner for criminal gangs in the late 20th Century. It has only been since the millennium that things have changed.
Nonetheless, without globally implement criminal sanctions in place against the actions of cyber criminals, the ultimate criminal defense still exists, namely jurisdiction. Unlike a crime committed in the real world, it is physically possible for a criminal to be in two places at once when it comes to cyber crimes. You can commit a crime in the US while you sit comfortably in your apartment in Russia. Consequently, universal laws will be needed if a criminal defense mechanism is going to be put in place to combat these growing problems.
In the early days of cyber crime the world of cyber crime was seen as a rather harmless prank by computer geeks showing off how much they knew about the working of computer networks. It was tantamount to a dare, you say it cannot be done and we will show you how it can. Relatively little harm was intended and criminal defense lawyers did not have their work cut-out showing this. Indeed, few if any specific criminal laws were on the statutes that regulated cyber crimes in the early days and most of the criminal defenses were bog-standard.
As times changed, so did the nature of the cyber crime. More technological advances and cheaper access to hardware and software meant that the Internet became a domain anyone could access. More sinister fraud came to the attention of the authorities. Child related crimes, such as child pornography, became known widely. With the escalation of the criminal element of the cyber crime, new laws were needed and specialist criminal defense lawyers were required.
However, even only as recently as the last five years cyber crime was still controllable. Cyber crime was not a major revenue earner for criminal gangs in the late 20th Century. It has only been since the millennium that things have changed.
Nonetheless, without globally implement criminal sanctions in place against the actions of cyber criminals, the ultimate criminal defense still exists, namely jurisdiction. Unlike a crime committed in the real world, it is physically possible for a criminal to be in two places at once when it comes to cyber crimes. You can commit a crime in the US while you sit comfortably in your apartment in Russia. Consequently, universal laws will be needed if a criminal defense mechanism is going to be put in place to combat these growing problems.
Short Synopsis Of Cybercrime
To many involved in criminal dense, cyber crime is the bane of the 21st Century. It accounts for millions in ill-gotten earnings each year. Vast criminal networks spanning the global are now actively involved in cyber crimes of one sort or another. The potential for future earnings is almost unlimited and the relatively safety that the Internet provider cyber criminals means that it is extremely hard to catch. Victims mount up. However, things were not always this way.
In the early days of cyber crime the world of cyber crime was seen as a rather harmless prank by computer geeks showing off how much they knew about the working of computer networks. It was tantamount to a dare, you say it cannot be done and we will show you how it can. Relatively little harm was intended and criminal defense lawyers did not have their work cut-out showing this. Indeed, few if any specific criminal laws were on the statutes that regulated cyber crimes in the early days and most of the criminal defenses were bog-standard.
As times changed, so did the nature of the cyber crime. More technological advances and cheaper access to hardware and software meant that the Internet became a domain anyone could access. More sinister fraud came to the attention of the authorities. Child related crimes, such as child pornography, became known widely. With the escalation of the criminal element of the cyber crime, new laws were needed and specialist criminal defense lawyers were required.
However, even only as recently as the last five years cyber crime was still controllable. Cyber crime was not a major revenue earner for criminal gangs in the late 20th Century. It has only been since the millennium that things have changed.
Nonetheless, without globally implement criminal sanctions in place against the actions of cyber criminals, the ultimate criminal defense still exists, namely jurisdiction. Unlike a crime committed in the real world, it is physically possible for a criminal to be in two places at once when it comes to cyber crimes. You can commit a crime in the US while you sit comfortably in your apartment in Russia. Consequently, universal laws will be needed if a criminal defense mechanism is going to be put in place to combat these growing problems.
In the early days of cyber crime the world of cyber crime was seen as a rather harmless prank by computer geeks showing off how much they knew about the working of computer networks. It was tantamount to a dare, you say it cannot be done and we will show you how it can. Relatively little harm was intended and criminal defense lawyers did not have their work cut-out showing this. Indeed, few if any specific criminal laws were on the statutes that regulated cyber crimes in the early days and most of the criminal defenses were bog-standard.
As times changed, so did the nature of the cyber crime. More technological advances and cheaper access to hardware and software meant that the Internet became a domain anyone could access. More sinister fraud came to the attention of the authorities. Child related crimes, such as child pornography, became known widely. With the escalation of the criminal element of the cyber crime, new laws were needed and specialist criminal defense lawyers were required.
However, even only as recently as the last five years cyber crime was still controllable. Cyber crime was not a major revenue earner for criminal gangs in the late 20th Century. It has only been since the millennium that things have changed.
Nonetheless, without globally implement criminal sanctions in place against the actions of cyber criminals, the ultimate criminal defense still exists, namely jurisdiction. Unlike a crime committed in the real world, it is physically possible for a criminal to be in two places at once when it comes to cyber crimes. You can commit a crime in the US while you sit comfortably in your apartment in Russia. Consequently, universal laws will be needed if a criminal defense mechanism is going to be put in place to combat these growing problems.
Cyber law
Cyber law encompasses a wide variety of legal issues related to use of communications technology. It includes use of Internet as well as any other form of Computer or Digital Processing Devices. It includes intellectual property, privacy, freedom of expression, and jurisdiction.
As the law of Cyber Space, as envisioned by William Gibson in his novel Neuromancer , Cyber Law addresses the issues of Virtual Property and Virtual Persons. It covers rights of Netizens who are the citizens of Cyber Space and regulation of the Cyber Space for a peaceful and harmonious existence of Netizens.
The biggest challenge before Cyber Law is its integration with the legacy system of laws applicable to the physical world.
Since Cyber Space has no geographical boundaries, nor the Netizens have physical characteristics of Sex, Age etc, several conflicts surface when the rights of Netizens are viewed in the eyes of Citizens of a physical space. This is well reflected in the conflict between the Trade mark Laws and system of Domain Names.
There are several countries which have enacted special laws for regulating Cyber Space Transactions of Citizens within their Physical Jurisdiction and these are recognized as the Cyber Laws of the Physical Jurisdiction.
A recent book by Ahmad Kamal entitled "The Law of Cyber-Space" published by the United Nations Institute for Training and Research, argues in favor of starting global negotiations on comprehensive and harmonized laws in this domain. The ultimate solution is to “harmonise” the laws of all the countries by making a compatible and commonly acceptable international treaty safeguarding the cyberspace.
As the law of Cyber Space, as envisioned by William Gibson in his novel Neuromancer , Cyber Law addresses the issues of Virtual Property and Virtual Persons. It covers rights of Netizens who are the citizens of Cyber Space and regulation of the Cyber Space for a peaceful and harmonious existence of Netizens.
The biggest challenge before Cyber Law is its integration with the legacy system of laws applicable to the physical world.
Since Cyber Space has no geographical boundaries, nor the Netizens have physical characteristics of Sex, Age etc, several conflicts surface when the rights of Netizens are viewed in the eyes of Citizens of a physical space. This is well reflected in the conflict between the Trade mark Laws and system of Domain Names.
There are several countries which have enacted special laws for regulating Cyber Space Transactions of Citizens within their Physical Jurisdiction and these are recognized as the Cyber Laws of the Physical Jurisdiction.
A recent book by Ahmad Kamal entitled "The Law of Cyber-Space" published by the United Nations Institute for Training and Research, argues in favor of starting global negotiations on comprehensive and harmonized laws in this domain. The ultimate solution is to “harmonise” the laws of all the countries by making a compatible and commonly acceptable international treaty safeguarding the cyberspace.
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