Advanced Software Engineering Spring 2015

About.com. N.p., n.d. Web. 22 Aug. 2011. . In the year 2008 there were 426,000 computer programmers employed. Computer programmers write the program the computer uses to function. The computer programmer follows the specifications given to them by the computer software engineer. Specialized knowledge and experience with a language or operating system could lead to a computer programmer becoming a computer software engineer. Programming skills and programming experience is highly valued in this field. Computer programmers must constantly update their skills to keep up with changing technology. According to the U.S. Bureau of Labor Statistics predicts, Employment of computer programmers, is expected to decline slowly through 2018.

Criminal law – This Law is widely statutory and covers a particular category of wrong that is considered social evils and threats to the community. Here the crime is against state regulations. Criminal Law is divided into three categories which are:

Criminal law should be distinguished from the civil law. For example, if someone is stealing, then the criminal law will be used to control or manage the thief. Investigations, arrests and indictments will be made in accordance with the criminal law. The offense is controlled by the criminal law because the offense of theft is considered as an offense against society.

Before we get to know what the differences between civil and criminal law we have to understand what each of them

Civil law is defined as the body of law of a state or nation governing the behavior of individuals

According to Melvin 2011, criminal law defines the boundaries of behavior and sanctions for violating those boundaries. It involves the prosecution of an individual who has committed a criminal act (Melvin, 2011). This individual is prosecuted by the government. The prosecution process for someone who has committed a crime is often times confused with the carrying out of a civil case. However, the two differ in a few ways. A civil case consists of the victim brining the suit to court. A criminal takes place when the state initiates the suit through a prosecutor (Criminal Law, An Overview). Those who are convicted of a crime may be incarcerated, fined, or both, yet those found accountable in a civil case may only have to give up property or pay out money, but will not be incarcerated.

Legislators and administrators in civil law nations utilize these conventions to form a code by which all lawful controversies are chosen. In the United States, the term civil law has two definitions. One definition of civil law refers to a lawful system prevalent in Europe that depends on composed codes. Civil law in this meaning is appeared differently in relation to the common-law system utilized as a part of England and a large portion of the United States, which depends on earlier case law to determine disputes as opposed to composed codes. The second significance of civil law refers to the assortment of laws administering disputes between people, rather than those overseeing offenses that are public and identify with the government.

Civil law is also known as private law. It sets out the rules governing relationships between people. Examples of civil law are the law of persons, family law, commercial law, rent law and employment law.

Cyber Law is the law that regulates the internet. Meaning, laws or a specific law connected to the internet and/ or computer crimes. Two emerging trends and legal issues involving cyber law are E-mail contracts, and cybersquatting. There are many more cyber laws, but we will just discuss these two today.

Therefore in both cases the extent that the computer is used as a tool or instrument to commit a crime determines the proof of culpability. The actus reus of the computer crime is its content. Relating this to cybercrimes lies in the communication means through which the crime was committed that is; the internet and the connectivity of computers. Therefore the crime committed through the use of the internet connectivity, primarily qualifies the offence as if the offence concerned relates to tangible property. The definition of what constitutes a computer crime varies from country to country. There is no universally accepted definition . In practice the two similar category of crime have been treated as two separate form of crime. Some Commonwealth countries, follow the United Kingdom in legislating new laws to deal with computer crime and existing laws to deal with cybercrime and modifying the existing law to accommodate the ever evolving technological development and appropriate enforcement mechanisms. The modification of existing laws does not always occur at the same rate as the technology that facilitates the crime leading to ‘a lost in translation phenomenon’ making the new law either antiquated or inadequate for the crime for which it was initially modified to deal with.

known just to the sender and the recipient (Olumide & Victor, 2010). Various cryptographic strategies have been created and some of them are still not broke. Digital Ethics and Cyber enactment Laws is another approach to cybercrime problem. Cyber morals and digital laws are likewise being defined to stop digital wrongdoings (Anderson, et al. 2012). It is an obligation of each person to take after digital morals and digital laws so that the expanding digital violations will lessen (Olumide & Victor, 2010). Securities programming like hostile to infections and against spy products ought to be introduced on all PCs, keeping in mind the end goal to stay secure from digital violations. Web access Providers ought to likewise give abnormal state of security at their servers with a specific end goal to keep their customers secure from a wide range of infections and pernicious projects (Salu, 2004).

This basically tells us about how the entities who are breaking the establishment cyber laws can come under the criminal actions based upon their actions.

Criminal cases our about crimes, or wrongs committed where the government is the plaintiff and civil cases our about disputes between private parties. Criminal cases can lead to incarceration, where civil cases can only lead to compensation being awarded. The US judicial system is based on common law, while civil code traces its origins to the Roman Empire. The differences between criminal and civil law seems to be about who has been wronged, purpose and possible outcomes and the source of the law.

The civil law is a branch of private law governing relations between people, whether individuals or legal entities (Sacco, 1991, p.25).

The article then goes on to discuss how dependent society is on cyberspace and how they have become more susceptible to cyberspace threats. It also talks about how dependent society is of the internet, “online banking travel, entertainment, and stock brokerage services” (25). With this increased activity makes the internet an enticing target with more opportunities and weaknesses for cyber crime. Criminals are learning new methods to perform cyber crimes more efficiently and effectively. However, these crimes are not just affecting individuals, businesses also fallen victim to these crimes every day.