Computer Crime and Inadequacy of Computer Laws
Introduction
On 9 February 2015, Moscow-based security firm, Kaspersky Lab, released a report indicating that a group of international hackers stole an amount summing up to 1 billion from 100 banks. These attacks were carried out in 30 different nations by installing malware, which enabled them to gain control of the banks’ internal operations. Although such hacks have been attempted before, the scale and sophistication of the attacks, which spanned several countries over several years, had experts concerned that this represents a new trend (Kaja 4).
Over the past decades, the world has experienced a vast increase in the availability of electronic resources. However, with these advancements, computer crime has become the new form of criminal activity that takes advantage of electronic resource (Michael & Patrick 4). Consequently, these new forms of crime are burgeoning and pose a new challenge to law enforcement agencies at all levels. The question is how do they prevent, investigate, and prosecute these crimes. Law enforcement agencies from the local to the federal level are beginning to institute specific units devoted to handling computer-related offenses. Currently, there does not exist a uniform method to define and address computer crime and computer fraud. Undoubtedly, this has significantly hampered the fight against this vice. In addition, the fact that the public in general, as well as the law enforcers, are not well
Computer crimes and crimes involving the use of computers have become a fact in our world today. Crimes no longer involve just hackers seeking to make a name for themselves. We now store critical information for our lives on our computers, cell phones and tablets. Just as the average home user uses their computers for more and more of their daily activities, the same can be said of criminals. On our computers are our finances, schedules, contacts, addresses, pictures and videos, phone numbers, medical information, research and internet history. According to a 2014 McAfee report, their extrapolated, estimated annual cost to the global economy as a result of cybercrime is over $400 billion. (CSIS & McAfee, 2014) Additionally, crime does not just
Based on Dauphin County First Assistant District Attorney Fran Chardo, “We become a very electronic-oriented society.” (Marc Goodman). With this increase usage of electronic, we see a new set of criminals and crimes. With the cellular telephone, criminals use it, not only to communicate with one another, but also to target people and as a triggering device. For example, if the criminals are searching for someone they can text each other with the description of a person and then upon verification proceed with an order, possible death. With this same cellular telephone technology, law enforcement can use someone’s cellular telephone to track their movements or identify their location to help with investigations. The new set of crimes is cybercrimes. A cybercrime is any crime that involves the use of computer or the manipulation of digital data. Zackary J. Miller, section Chief of the FBI’s Cyber Criminal Division stated, “I think there is a growing cybercrime problem that we are continuing to chase a bit behind the curve… bank robbery and fraud are all facilitated by the internet.” (Bernice Young, 2011). There are five types of computer crimes: (1). internal computer crimes, such as viruses; (2). internet and telecommunication, which is hacking; (3). criminal enterprises, databases supporting drug distribution; (4). computer manipulation, embezzlement; and (5). hardware, software, and information theft. (Schmalleger,
In the United States, local, state, and federal law enforcement agencies, including FBI, Department of Homeland Security, among others, have taken on roles to fight computer crimes and terrorism. The roles and responses of these law enforcement agencies concerning digital crime have created challenges that limit enforcement efforts against digital crime.
Many crimes have been committed using the computer as a target. Hackers have been known to target major corporations and hack into their feeds and disrupt their network flow. In 2000, on February 7, the Yahoo domain was down for three hours, due to hackers
Improvements in technology have demonstrated that with relative ease nefarious individuals can acquire various types of information with the use of computers, cellphones, tablets, databases and the internet. This information can be used for a large array of deeds, illegal activity being a major one. In an effort to combat this emerging type of crime, the Department of Justice, local law enforcement agencies, banks, retail stores, and investment firms are integrating computer forensics into their organizations. These crimes range from network security breaches at companies like Target and Home Depot to child pornography, the common thread is that the implicating evidence was found on an electronic media device.
At the beginning of the second millennium, an era of information society, based on the increasing use of computers, computer technology, information technology, making available "everything to everyone, everywhere and always" very urgent problem of improving the legislation in the fight against various kinds of offenses in this area, and first of all crimes. Currently, computer crime, has acquired an international dimension, is already receiving an adequate assessment of the international community, in particular, is reflected in a special Convention on Cybercrime, signed in 2001 in Budapest, representatives of 30 countries, members of the Council of Europe. The scale of a virtual crime using the internet in the US can be seen from the following
With the dramatic development in the technology of computers and communications, the entire world has certainly benefited a great deal, but the purchase price of computers might also be very expensive. Computer crimes are now becoming very serious problems that are costing as much as billions of dollars. Also, computer crimes are threatening the continuing future of communication, confidentiality, and even the integrity of businesses and organizations.
Just as technology has exponentially increased the level of communication and commerce, it has similarly expanded opportunities for criminal activity and victimization. The Internet can be used to commit crimes ranging from the release of a computer virus resulting in worldwide catastrophic damage to industrial espionage, from simple assaults to acts of terrorism, from child pornography to luring and sexual assault on children. Apart from the breadth of potential misconduct, the unique nature of the internet presents challenges not evident in the traditional law enforcement, such as questions of jurisdiction, evidence access and preservation, applicability of current laws, vulnerability of a virtually unlimited victim pool, and practical obstacles to the identification of perpetrators. In this investigation manual you will find the overview of a crime, conduct a seizure of evidence with pictures, what to do when conducting a search
Identity theft portrays criminal acts through which the culprit deceitfully acquires and utilizes someone else's character. These unlawful act can be done by communication technology and utilizing data. Identity Theft done on the internet are to a vast degree based of profoundly complex tricks and it demonstrates the troubles that law enforcement organizations are confronted with when exploring such offenses. The techniques habitually utilized by guilty parties to get personal related information are different. Physical methods allude to storage devices in a computer with data containing personal information about an individual's identity. As indicated by a survey, it was highlighted the fact that there were more PC related offenses as to the burglary of confidential
Officers now cannot just send and receive emails; they must have enough knowledge about how to read signs of fraud or other cybercrimes. Officers must understand what types of viruses are out there and what they do to computers to obtain sensitive information on an individual level and especially on a large scale level, for example, cases involving credit card companies or major corporations’ financial records. Officers must know the proper procedures on how to collect e-evidence as well as preserve computer units if needed to be investigated during a case. Last but not least, officers must understand the intricacies of the laws of search and seizure that pertain to computer and e-evidence, otherwise one wrong move or improper handling of evidence could dismiss a huge lead or case. The good news is that with new technology also comes with it advanced detection methods and individuals who possess the skills and education to develop ways and programs to deter and prevent identity theft from happening at all. An investigator’s role is always to remain ahead of the game no matter what type of case they are
Throughout the most recent decade, the quantity of wrongdoings that include PCs and Internet has grown,spurring an expansion in organizations and items that plan to help law authorization in utilizing computerized proof to decide the culprits, strategies, timing and casualties of PC wrongdoing. As a result,digital criminology has advanced to guarantee legitimate presentation of PC and digital wrongdoing evidentiary information in court. As indicated by Federal Bureau of Investigation [FBI] 2008 insights, in the UnitedStates, the span of the normal advanced measurable case is developing at the rate of 35% every year – from 83 GB in 2003 to 277 GB in 2007. With capacity limit development outpacing system transfer speed andlatency enhancements,
An invisible war is raging between cybercriminals and those who wish to make the virtual world a safer place, but the laws that could change the tides of this war are being called into question. Cybercrimes are a virtual epidemic that is sweeping the online world with crimes constantly posing as a threat such as identity theft, hacking, cyberterrorism, and computer viruses. In order to combat cybercrime the U.S. government passed the Computer Fraud and Abuse Act (CFAA) that allowed prosecutors to charge cybercriminals for their cybercrimes. Cybercrimes laws implemented by the CFAA should be strengthened in order to deter harmful cybercrimes because cybercrime has effect corporations, people, and the government.
Computer hacking generates a lot of controversy these days. Hacking involves the use of computer skills to penetrate a network or a computer mostly to obtain protected and sensitive information. Computer hackers are generally of two types - white hat hackers and black hat hackers. White hat hackers use their computer skills for constructive purposes while black hat hackers use their skills for nefarious activities. To prosecute black hat hackers, different countries have put in place special IT law provisions.
In February 2014, there was a multi-bank cyber heist which was discovered by Kaspersky Lab. According to the report, the hackers infiltrated banks’ network system using tactics such as phishing to gain access to sensitive data which was used to siphon money from banks. It was reported that, the cybercriminal ring, known as Carbanak, siphoned more than $1 billion from banks around the world (Kuranda). According to other sources, the criminals were not arrested and there were reports of attempted attacked to other financial institution. So, the information technology security experts are on high alert to prevent future attacks. The discovery of the attack on Kaspersky lab, which was named “Duqu 2.0”, revealed a major threat to the information technology system (Kuranda). Kaspersky Lab is Moscow-based security vendor which provide data security system to many organization around the globe. So, such breach means a major threat to banks as well.
There are a number of clear advantages of computers and the use of computer technology in investigations. Most police departments are now equipped with technologies allowing them to implement computer forensics investigations. Computer forensics help solve cases where hacking or other internet crimes like the distribution of child pornography have taken place. The FBI has specialized departments working with computer technology to track crimes as they are conducted on the Internet, and therefore in federal jurisdiction. Such technologies allow investigators to track through time in ways that many criminals may not have even thought possible. In addition, the use of advancements in computer technology has begun to empower law enforcement in criminal investigations in real life as well. Understanding of computer technology helps investigators gather more evidence from suspects' computers and internet usage. Here, the research suggests that "computer forensics is now used to solve crimes such as endangering the welfare of a child, sexual assault, embezzlement,