Computer Crime Assignment, Research Paper Example

Introduction

“Internet auction fraud was by far the most reported offense, comprising 44.9% of referred complaints.” (“Internet Crime Report 2007”). The heightened trend in company, governmental and personal cybercrime has influenced a legislation to take a new look at ways to prevent such manifestations from occurring widespread. There are two types of cybercrimes that are governed by law one of computer misuse and the latter of traditional crimes committed through the aid of the internet such as stalking, harassing and luring a person to commit a crime against them through the use of the internet. Procedural cybercrime involves the search and seizure of a person’s computer through the Fourteenth Amendment. Statutory law governs the surveillance of networks or a third party’s computer. There is much complication with jurisdictional law in cybercrime because the actual crime can take place in a different number of places. When cybercrime is used for terroristic formation or to create political activism the unlawful act takes on a political perspective.

Definition of Cybercrime and How It Has Changed the World

Cybercrime is the unlawful act of using a computer or network to facilitate or illicit an illegal act or further where a computer is privy to evidence of the commitment of a crime. This is what attorney’s would call “res ipsa loquitur” or simply prima facie, the thing speaks for itself. Hence the definition further expresses that a cybercrime can either be a direct crime to a computer or network or the acquisition of a crime through using the computer or network and further storing criminal related information on such computer. There have been significant changes in personal and business aspects since the implementation of the internet and networking. Some of the changes include copyright infringement which includes unauthorized copying of a work subject to copyright. For example if an employer has a drawing that is copyrighted only through the company and an employer one day at his desk decides to download the copyright to his home computer that is copyright infringement. On the contrast, if the company is not in possession of the copyright rather the original owner has the copyrights and the employer does the same act then legally no crime has been committed. Copyright infringement has to possess unauthorized or unlicensed use of a ‘work subject to copyright’. Spamming is another example of illegal computer activity. Spamming occurs when someone or some company uses the internet and network to send unsolicited mailings randomly.  I am certain that almost everyone that has an email account has received spamming messages.

Examples of Cybercrime

Cybercrime is not a new legal standard only a new means of committing a crime. There is a direct crime to the computer or network itself, or the commitment of a crime through the use of the internet and networking. Examples of criminal activity in cyberspace through the use of computer networking are hacking and computer trespass gives rise to unauthorized access. Further crimes of theft of service referred to as phreaking and crimes of illegal financial transfers are criminal activities. The Federal Bureau of Investigation and National and White Collar Crime Centre are present to alert consumers to internet crime as well as to investigate such criminal activity. A recent well-known cyber spamming crime was committed in 2005 by Christopher Smith “spam king” in the jurisdictional state of Minnesota. He illegally operated on online pharmacy, was tried and convicted.

Because access to public networking and personal computing is so easy to gain there has been an apparent effect on nature and response to criminal behaviour in our society. Technically a traditional form of robbery committed by a person who took countless time to orchestrate can virtually be committed over and over by stealing one dollar at a time or one penny at a time through the use of the internet. Another example is if a person opened a phony online pharmacy in Louisiana and distributed unlicensed drugs to people in Florida, Delaware, Alabama, New York and London. Since the phony online pharmacy was opened by the criminal via website and ISP in Louisiana, the Louisiana investigators would have to agree to cooperate with the other states and International Law forces to investigate the criminal activity through the use of subpoenas.  The problem with this scenario is if no person was victimized in Louisiana there might be a tendency for the police to overlook or lose interest in the investigation. There would have to be an interest in the investigation for the state to cooperate. See: State of Minnesota v Christopher Smith [2005] where it was distinguished that it is rogue to operate an internet pharmacy and deliver controlled substances without establishing a relationship with the doctor. Internet pharmacies cannot therefore be used to supply controlled substances. In response to the Drug Enforcement Agency’s directive, the pharmacies filling the medications claimed that Smith had assured them in writing his business was legal and that he employed doctors in every state when in fact he only employed one single doctor in Minnesota.

“Traditional crimes on the internet are created through phishing, identity theft, child pornography, harassment, stalking, luring a victim to an area to create a criminal offense against that person and more. Trade secret theft and economic espionage add to the illusive list of internet crimes. Of course there is always threats to national security internet crimes often spurted by terrorism.” (Taipale, 2009).  Child pornography through internet crime remains to be one of the illusive heightened predator crimes.

The internet has provided an easy means for a person to commit a crime. However, it’s traceability through ISP’s is helpful in locating the perpetrator and bringing them to justice. On the downside the internet has opened the doors very wide to vehement child crimes. A basic concept to remember and understand internet crime is that any crime that can be committed through the use of a computer is an internet criminal activity. Many state laws do not find internet mailings admissible in court because of the nature of how email accounts are established voluntarily and the ease to ‘tap into a person’s account’ with a minimum source of their personal information. The internet and networking laws have promoted a better, but not fool proof means to capture and identify offenders. However the introduction of the internet and networking has given fuel to the criminal minds to commit more crime.

In 2007, Internet Crime Complaint Centre processed more than 219,553 complaints that support Internet crime investigations by law enforcement and regulatory agencies nationwide. (“Internet Crime Report 2007”). Most of the complaints were of credit card fraud, non-delivery of items as well as computer intrusions, child pornography and unsolicited emails. Of the cases referred, 90,008 complaints were sent to federal, state, and local law enforcement agencies around the country for further consideration.

Data gives rise to the fashion that complaints were age and gender based as well as demographically oriented. There was a tendency of the most populated states to have higher complaints and the middle-aged females to make most of the complaints of cyber crimes.

Findings From Data

The data shows most complaints were made to the government in the years 2005-2006 with a heightened report in 2005. Lowest reportings were in years 2001-2002. Could this be attributed to the sophisticated technologies that are available to offenders? Perhaps, but you would theorize that though criminals are still working hard to commit crimes, government enforcement would be improving their techniques to crack down on cybercrime which would be a natural deterrent to such criminal activity.

Auction fraud and non-delivery of items ordered over the internet were the top two reported crimes in 2007-2008. Threat and Nigerian Letter fraud encompassed the least reported cybercrimes. Reporting as with any other situation has discrepancies. Some crimes are committed and never reported or some crimes are reported at a State level and never reach governmental reporting agencies because of poor organizational and data base collection and record keeping.

The majority of complaints came from females at the rate of 54% as compared to complaints by the male gender at a rate of 46%. Complaints were made mainly from the 30-39 and 50-59 age group. Research further shows the most complaints came from the states of Alaska and Colorado with the fewest complaints from Florida and California. Could this give rise to the quality of police force and investigation in these states? Further data shows that financial loss because of cybercrime to men has been higher than that to women with an average loss between men and women being $630.00.

Conclusion

It is apparent from research that cybercrimes has been on the rise in past years probably due to sophisticated technology and a lack of cracking down by the police and governmental agencies. What is the key to solving cyber crimes? The key to prevention is making the consumer aware of the crimes and how to protect their data on the internet. Further to educate young children of predators on the internet. Special tasks forces are available to identify cybercrime. Organization, training and collaboration from other states is the key to successfully putting a damper on the spirits of cyber criminals. Passing new legislature to punish criminals is another key.

References

Taipale K. (2009) Overview, What is Cybercrime? Retrieved September 27, 2009 from, http://www.information-retrieval.info/cybercrime/index01.html

Internet Crime Report 2007 (2008) Retrieved September 27, 2009 from, http://www.ic3.gov/media/annualreport/2007_IC3Report.pdf

Tipton, H. F., & Krause M. (2006). Information security management handbook. CRC Press.

Stephenson, P. (2000). Investigating computer-related crime. CRC Press.