Computer crime
Computer crime involves a number of potential criminal activities such as hacking, child abuse, corrupting information transmission, privacy infringement, cyber-terrorism, and infringement of copyright law provisions of intellectual property law among other. To aid in the war against computer crime, the American government has implemented a number of laws. These include the intellectual property law and electronic communication privacy laws among other statutes. The Patriotic Act of 2001 is also crucial particularly in mitigating cyber-terrorism.
This paper gives a discussion on computer crime and its impact on the society. A discussion on the existing U.S. laws on combating computer crime, their limitations and possible amendments and how computer crime investigations are conducted is also given.
Definition of computer crime
Computer crime can be defined as any act of using computer or information technology provisions like the internet as a tool for executing criminal activities (Roman, Lu, Audal, 2008). This simply means that computer crime is the committing of crime remotely to targets physically distant from the offender by using the world web as a communication medium. There are many criminal activities which can be executed using computers. Such include child pornography, blackmailing, system hacking, malicious computer programs, and fraud and identity theft.
According to existing statistical evidence, an estimated over 300 million users access the World Web across the globe (Bergevin, 2006). However, out of this population, at least a million users use it for executing illegal computer activities. Still evidence, a computer crime and security survey has established that over 80 percent of organizations and government institutions have fallen victims of computer crime (Casey, 2004). Such acts have either led to financial losses or loss of privacy of confidential information by the institutions.
Nevertheless, although internet and computer networking on the World Web has been cited as the biggest factor in causing computer crime, research evidence shows that over 80 percent of computer crimes are committed by insiders who many times act at a cost for organized crime groups (VonStorch, Seger, Icove, 1995). Such have also been established as being closely linked with suspended or laid-off employees of the institutions as they claim much knowledge of the systems.
Types of computer crimes
Distributed denial to system access by an authorized person is the most common computer crime (Bergevin, 2006). This is due to the fact that they can be easily spread to computer owners. It is to be stated here that this type of computer crime is many times not aimed at a specific individual or group but it is rather random. The crime is executed through coded sequences which are inaugurated from one or more remote centers. However, since the world web is an interconnection of millions of computers, these sequences can easily affect other systems.
Fraud is a computer crime which involves the conscious and dishonest misrepresenting of facts on a transaction with the intent of gaining financial advantage (Roman, Rodkowsk, Huang, 2007). Another computer crime is the drug trafficking business transaction. It is evidently clear that illegal drug dealers are increasing using encrypted e-mails to strike drug sell deals. The transactions are then executed using courier websites. This has increased illegal drug trade since it lacks face to face communication thus increasing openness and secrecy during the transactions.
Offensive content is another type of computer crime (Bergevin, 2006). Internet pornography is one of the most common obscene content crimes. Child pornography in particular has been identified is illegal due to the fact that it is regarded as a form of child abuse. Although some other internet contents might be offensive to users, not all are illegal. However, some nations have limitations on contents like offensive and hatred perpetuating speeches, race sensitive communications and politically inflammatory communications. Such could also include harassment when the offensive contents are made with regard to a specific individual of group in the society.
The other computer crime is cyber-terrorism (Casey, 2004). This mainly involves acts of hacking or using logic bomb program with the aim of corrupting or stealing vital contents from a sensitive government institution. Still, it can be seen as the act of using computers to organize and execute terrorism activities. Cyber-terrorism has also been commonly witnessed as an act of spreading terrorist attack rumors, an element which creates unnecessary tension to both citizens and law enforcement agencies of the targeted nation.
Another type of computer crime is the use of malicious computer programs (Casey, 2004). This computer crime involves the coding of virus, worms, Trojan horse, and other threats. They can lead to crashing of the computer, infect executable files, deny authorized users access to programs or even aid a hacker to remotely gain access of the users passwords, and credit card numbers (Wall, 2001). Such threats like virus and worms are more common in the internet thus posing a major threat to the computers of internet users. Trojan horse on the other side is software that can allow hackers to remotely access passwords and credit card numbers of computer users for the purposes of executing criminal dealings.
The impact of computer crime in the society
Computer crime has many negative impacts in the society. First is the fact that it is a threat to the sustainable reliability of computer and internet technologies as a medium of communication (Taylor, 1999). Hacking is a common computer crime across the globe. This involves the illegal entry into confidential websites which contain classified information. The intent of hacking might either be to get useful information or corrupt the information for malicious reasons. This therefore means that hacking makes computers unreliable in ensuring sufficient privacy and confidentiality of information.
Another effect is that computer crime is negating our social norms, values, beliefs, and expectations (Roman, Rodkowsk, Huang, 2007). Child pornography as witnessed over the internet only seeks to propagate immorality in the global community. Indeed, the act is in itself reflective of the question of child abuse in the society. Still, computer crime as a form of theft is a great threat to the economic security of both investors and other members of the society. The internet has been evidently used by criminals particularly organized crime groups to gain economic advantage from unknowing victims through theft identity, fraud and blackmailing. These acts contradict with the underlying principles of fairness and justices, and compromise the equitable realization of economic growth in the community.
Malicious computer programs have a net economic loss to computer and network owners (Taylor,
1999). Such programs include virus, worm, Trojan horse and logic bomb. All these programs can crash the computer, infect executable files, denial authorized users access to programs or even aid a hacker to remotely gain access of the users passwords, and credit card numbers. Therefore, these clearly mean that malicious programs increase the cost of maintaining andor replacing computer. They also infringes of individual privacy by leading to unauthorized access into other peoples computers and compromising executable file versions as well as deny program access to computer users.
American laws on computer crime
The American government has over the past decades invested much on the war on computer crime. This is quite evident from the many laws and statutes it has enacted and implemented. First are the intellectual property law and their provision on copyright rights (Casey, 2004). The creation of an individuals intellect must be respected as it encourages research and innovative thinking in the society. The copyright law dictates it illegal and subject to criminal justice laws to use another persons information technology product such as software without legal permission from the owner.
Identity theft, fraud and blackmail computer crimes are not only illegal under the electronic and communication laws but are also subject to the criminal justice laws of our nation (Roman, Lu, Audal, 2008). In particular, the electronic and communication act laws seek to safeguard the privacy and confidentiality of computer communications. This thus gives a legal prohibition against hacking and use of malicious computer programs such as Trojan horse to remotely gain access of the computer user confidential information such as passwords and credit card numbers.
Following the September eleventh 2001 terrorist attacks on the American nation, the government enacted and implemented the Patriotic Act. This act as it relates to computer crime seeks to mitigate terrorist activities over the internet (Wall, 2001). The act provides for increased government surveillance on the internet. Through this law, law enforcement agencies have a legal authority to gain access of contacts of terrorism suspects. This helps in identifying and thus mitigating cyber-terrorism.
Lastly is the constitutional provision for the law of tort in addressing computer crimes (Bergevin, 2006). Apart from the criminal penalty provisions on computer crime, victims can also use tort against the perpetrators. Such cases include invasion of privacy and disclosure of confidential secrets by a computer voyeur. Acts of intentional infliction of emotional distress caused due to harassment by a computer crime offender can also be addressed by tort (Casey, 2004).
Investigation of computer crime
The most common and reliable computer crime investigation technique is computer forensic (Casey, 2004). This involves the collecting and analysis of computer and internet addresses to establish source of an intrusion. However, before contacting any investigation, there is need to detect eminent system abuse or intrusion. This was traditionally realized through either accidental or long term audit trails by the victim.
Nevertheless, due to the increasing threat caused by computer crime, real time intrusion or abuse detection is currently the most common detection technique (Roman, 2008). Under the patriotic act for example, the FBI is allowed to use pen registers to identify cyber-terrorism. This aids in quick, easy and reliable acquisition of intruder addresses for conducting computer forensic.
Challenges for law enforcement against computer crime
There has been many complains concerning the ability of the American criminal justice system to address the problem of computer crime. This has been attributed to the light punishment that is given to computer crime offenders. Corporations are losing billions of dollars annually due to virus and worm infection on computer. Such sentences are quite unjust compared to the damage computer criminals have on sustainable development of organizations.
Another challenge to the effectiveness of the existing law on computer crime is that they are not quite reflective of the ever growing sophistication levels (Bergevin, 2006). It has been rightly established that the law enforcement agencies lack the required technical expertise for efficiently mitigating computer crimes. This therefore negates the underlying aim of conducting computer crime mitigation programs as the offenders are more likely to go undetected.
Still to be cited here is the lack of public awareness in the general public on computer crime activities. According to reports from law enforcement and scientific research centers, the government is unable to quantify the number of computer crimes and their economic compact (Casey, 2004). This is mainly because most of these crimes go unnoticed due to lack of knowledge by the targeted victims.
The last problem is the media fraternity and its coverage on computer related crimes. True to the letter, it is a common practice by journalists to praise computer crime offenders citing their programming talent. Still, media coverage during conviction and sentencing of victims is usually less. These glorifications are found to instill in other the mentality to try the same.
Recommendations
Due to the threat posed on sustainable technological development by computer crime, the author recommends the following first is on lack of awareness by the general public. The best way to combat computer crime is by ensuring that the victims of such have adequate knowledge on the acts as well as where to report them for help.
The journalist and other members of the community are a great barrier to the fight against computer crime (Wall, 2001). There should be a distinction between crime and genius capabilities in the society. Due to this reason, the media, as the main source of new in the community, should change its coverage on issues of computer crime. They should both condemn computer crime and give equal coverage to the case proceedings in totality.
Lastly, the patriotic act of 2001 should be amended to cover internet surveillance on all acts of computer crimes. Most computer crime activities can be detected using the pen register technique as defined in internet terrorism surveillance provisions. This, coupled with quality training of law enforcement officials will make it easier to mitigate computer crime activities.
Conclusion
It is clear that computer crime is on the increasing despite the many efforts being employed to mitigate it. This is mainly due to lack of awareness by the general public on computer crime activities and the ever increasing sophistication levels employed by computer crime offenders. Therefore, there is need for the government and other stakeholders in the computer and internet industry to engage in a devoted search for a lasting solution to the problem.
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