Cybercrime

Cybercrime, or computer-oriented crime, is a crime that involves a computer and a network.[1] The computer may have been used in the commission of a crime, or it may be the target.[2] Cybercrimes can be defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (networks including chat rooms, emails, notice boards and groups) and mobile phones (Bluetooth/SMS/MMS)".[3] Cybercrime may threaten a person or a nation's security and financial health.[4] Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking, copyright infringement, unwarranted mass-surveillance, sextortion, child pornography, and child grooming.[3]

There are also problems of privacy when confidential information is intercepted or disclosed, lawfully or otherwise. Debarati Halder and K. Jaishankar further define cybercrime from the perspective of gender and defined 'cybercrime against women' as "Crimes targeted against women with a motive to intentionally harm the victim psychologically and physically, using modern telecommunication networks such as internet and mobile phones".[3] Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes. Cybercrimes crossing international borders and involving the actions of at least one nation-state is sometimes referred to as cyberwarfare.

A report (sponsored by McAfee), published in 2014, estimated that the annual damage to the global economy was $445 billion.[5] Approximately $1.5 billion was lost in 2012 to online credit and debit card fraud in the US.[6] In 2018, a study by Center for Strategic and International Studies (CSIS), in partnership with McAfee, concludes that close to $600 billion, nearly one percent of global GDP, is lost to cybercrime each year.[7]

Classifications

Computer crime encompasses a broad range of activities.[8]

Financial fraud crimes

Computer fraud is any dishonest misrepresentation of fact intended to let another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by:

  • Altering in an unauthorized way. This requires little technical expertise and is a common form of theft by employees altering the data before entry or entering false data, or by entering unauthorized instructions or using unauthorized processes;
  • Altering, destroying, suppressing, or stealing output, usually to conceal unauthorized transactions. This is difficult to detect;
  • Altering or deleting stored data;

Other forms of fraud may be facilitated using computer systems, including bank fraud, carding, identity theft, extortion, and theft of classified information. These types of crime often result in the loss of private information or monetary information.

Cyberterrorism

Government officials and information technology security specialists have documented a significant increase in Internet problems and server scans since early 2001. There is a growing concern among government agencies such as the Federal Bureau of Investigations (FBI) and the Central Intelligence Agency (CIA) that such intrusions are part of an organized effort by cyberterrorists, foreign intelligence services, or other groups to map potential security holes in critical systems.[9] A cyberterrorist is someone who intimidates or coerces a government or an organization to advance his or her political or social objectives by launching a computer-based attack against computers, networks, or the information stored on them.

Cyberterrorism, in general, can be defined as an act of terrorism committed through the use of cyberspace or computer resources (Parker 1983). As such, a simple propaganda piece on the Internet that there will be bomb attacks during the holidays can be considered cyberterrorism. There are also hacking activities directed towards individuals, families, organized by groups within networks, tending to cause fear among people, demonstrate power, collecting information relevant for ruining peoples' lives, robberies, blackmailing, etc.[10]

Cyberextortion

Cyberextortion occurs when a website, e-mail server, or computer system is subjected to or threatened with repeated denial of service or other attacks by malicious hackers. These hackers demand money in return for promising to stop the attacks and to offer "protection". According to the Federal Bureau of Investigation, cybercrime extortionists are increasingly attacking corporate websites and networks, crippling their ability to operate and demanding payments to restore their service. More than 20 cases are reported each month to the FBI and many go unreported in order to keep the victim's name out of the public domain. Perpetrators typically use a distributed denial-of-service attack.[11] However, other cyberextortion techniques exist such as doxing extortion and bug poaching.

An example of cyberextortion was the attack on Sony Pictures of 2014.[12]

Cyberwarfare

Sailors analyze, detect and defensively respond to unauthorized activity within U.S. Navy information systems and computer networks

The U.S. Department of Defense (DoD) notes that the cyberspace has emerged as a national-level concern through several recent events of geostrategic significance. Among those are included, the attack on Estonia's infrastructure in 2007, allegedly by Russian hackers. "In August 2008, Russia again allegedly conducted cyber attacks, this time in a coordinated and synchronized kinetic and non-kinetic campaign against the country of Georgia. The December 2015 Ukraine power grid cyberattack has also been attributed to Russia and is considered the first successful cyber attack on a power grid.[citation needed] Fearing that such attacks may become the norm in future warfare among nation-states, the concept of cyberspace operations impacts and will be adapted by warfighting military commanders in the future.[13]

Computer as a target

These crimes are committed by a selected group of criminals. Unlike crimes using the computer as a tool, these crimes require the technical knowledge of the perpetrators. As such, as technology evolves, so too does the nature of the crime. These crimes are relatively new, having been in existence for only as long as computers have—which explains how unprepared society and the world, in general, is towards combating these crimes. There are numerous crimes of this nature committed daily on the internet.

Crimes that primarily target computer networks or devices include:

Computer as a tool

When the individual is the main target of cybercrime, the computer can be considered as the tool rather than the target. These crimes generally involve less technical expertise. Human weaknesses are generally exploited. The damage dealt is largely psychological and intangible, making legal action against the variants more difficult. These are the crimes which have existed for centuries in the offline world. Scams, theft, and the likes have existed even before the development in high-tech equipment. The same criminal has simply been given a tool which increases their potential pool of victims and makes them all the harder to trace and apprehend.[14]

Crimes that use computer networks or devices to advance other ends include:

  • Fraud and identity theft (although this increasingly uses malware, hacking or phishing, making it an example of both "computer as target" and "computer as tool" crime)
  • Information warfare
  • Phishing scams
  • Spam
  • Propagation of illegal obscene or offensive content, including harassment and threats

The unsolicited sending of bulk email for commercial purposes (spam) is unlawful in some jurisdictions.

Phishing is mostly propagated via email. Phishing emails may contain links to other websites that are affected by malware.[15] Or, they may contain links to fake online banking or other websites used to steal private account information.

Obscene or offensive content

The content of websites and other electronic communications may be distasteful, obscene or offensive for a variety of reasons. In some instances, these communications may be illegal.

The extent to which these communications are unlawful varies greatly between countries, and even within nations. It is a sensitive area in which the courts can become involved in arbitrating between groups with strong beliefs.

One area of Internet pornography that has been the target of the strongest efforts at curtailment is child pornography, which is illegal in most jurisdictions in the world.

Online harassment

Various aspects needed to be considered when understanding harassment online.

Whereas content may be offensive in a non-specific way, harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties. Harassment on the internet also includes revenge porn.

There are instances where committing a crime using a computer can lead to an enhanced sentence. For example, in the case of United States v. Neil Scott Kramer, Kramer was served an enhanced sentence according to the U.S. Sentencing Guidelines Manual §2G1.3(b)(3)[16] for his use of a cell phone to "persuade, induce, entice, coerce, or facilitate the travel of, the minor to engage in prohibited sexual conduct." Kramer argued that this claim was insufficient because his charge included persuading through a computer device and his cellular phone technically is not a computer. Although Kramer tried to argue this point, U.S. Sentencing Guidelines Manual states that the term computer "means an electronic, magnetic, optical, electrochemically, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device."[17]

Connecticut was the U.S. state to pass a statute making it a criminal offense to harass someone by computer. Michigan, Arizona, and Virginia and South Carolina[18] have also passed laws banning harassment by electronic means.[19][20]

Harassment as defined in the U.S. computer statutes is typically distinct from cyberbullying, in that the former usually relates to a person's "use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act," while the latter need not involve anything of a sexual nature.

Although freedom of speech is protected by law in most democratic societies (in the US this is done by the First Amendment), it does not include all types of speech. In fact spoken or written "true threat" speech/text is criminalized because of "intent to harm or intimidate", that also applies for online or any type of network related threats in written text or speech.[21] The US Supreme Court definition of "true threat" is "statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group".[21]

Drug trafficking

Darknet markets are used to buy and sell recreational drugs online. Some drug traffickers use encrypted messaging tools to communicate with drug mules. The dark web site Silk Road was a major online marketplace for drugs before it was shut down by law enforcement (then reopened under new management, and then shut down by law enforcement again). After Silk Road 2.0 went down, Silk Road 3 Reloaded emerged. However, it was just an older marketplace named Diabolus Market, that used the name for more exposure from the brand's previous success.[22]