Cyber Crime Definition And Its Classification Complete PDF

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Introduction To Cyber Crime PDF

Cyber crime is not an old sort of crime to the world. It is defined as any criminal activity which takes place on or over the medium of computers or internet or other technology recognised by the Information Technology Act.

Cyber crime is the most prevalent crime playing a devastating role in Modern India. Not only the criminals are causing enormous losses to the society and the government but are also able to conceal their identity to a great extent.

There are number of illegal activities which are committed over the internet by technically skilled criminals.

Taking a wider interpretation it can be said that, Cyber crime includes any illegal activity where computer or internet is either a tool or target or both.

The term cyber crime may be judicially interpreted in some judgments passed by courts in India, however it is not defined in any act or statute passed by the Indian Legislature.

Cyber crime is an uncontrollable evil having its base in the misuse of growing dependence on computers in modern life.

Usage of computer and other allied technology in daily life is growing rapidly and has become an urge which facilitates user convenience. It is a medium which is infinite and immeasurable. Whatsoever the good internet does to us, it has its dark sides too.

Some of the newly emerged cybercrimes are cyber-stalking, cyber-terrorism, e-mail spoofing, e-mail bombing, cyber pornography, cyberdefamation etc. Some conventional crimes may also come under the category of cybercrimes if they are committed through the medium of computer or Internet.

History and Evolution of Cybercrime

During the period of 1950’s, it would be an astonished feeling for everyone who uses palmtops and microchips today, to know that the first successful computer was built and the size of the computer was so big that it takes the space of entire room and they were too expensive to operate.

The functioning of these computer were not understandable to large number of people and only select people with expertise had direct access to such computers, and has the knowledge to operate them.

For obvious reasons, the computer technology was extremely expensive and beyond the purchasing capacity of almost the entire population until IBM’s came into being wherein it introduced its stand-alone “personal computer” in 1981 and exposing many to the rewards of quick data access and manipulation that, up to that time, had been realized by few.

The Personal computers become cheaper and become household item at the start of 21st century in India.

The Internet was first started by the US department of defence, after World War II with the idea to have a network which could work in the event of disaster or war and securely transmit information.

The First Network was known as ARPANET, with the development of Transmission Control Protocol/Internet Protocol, World Wide Web and Hypertext the internet become rage all over the world. With the growth of Internet the quality and variety of information grew.

However at that point nobody anticipated the opportunities’ the internet is going to provide the technology savvy criminals.

In India the internet services started by the state-owned Videsh Sanchar Nigam Limited in year 1995 and in 1998 the government has ended the monopoly of VSNL and market is opened to private operators.

At that point, the internet users in India are 0.1% of total population, and now India has become the 2 nd largest country in terms of internet users after china with 33.22% people using internet.

The process of criminalization of human behaviour judged to be harmful the public is typically one that builds slowly in common law jurisdictions.

Momentum gained through problem identification and pressures exerted mg special interest groups can easily span decades before undesirable actions are classified as “crime”.

In some instances, this process is accelerated through the occurrence of certain “catalyst events” that capture attention of the public and the attention of lawmakers.

3 The first recorded cyber crime took place in the year 1820.

That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. in India, Japan and China. The era of modem computers, however, began with the analytical engine of Charles Babbage.

In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom. This device allowed the repetition of a series of steps in the weaving of special fabrics.

This resulted in a fear amongst Jacquard’s employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This is the first recorded cyber crime.

In the case of computer crime, legislators grew increasingly attentive is the 1980s as businesses became more dependent upon computerization and as catalyst event cases exposed significant vulnerabilities to computer crime violations.

Criminals can now easily encrypt information representing evidence of their criminal acts, store the information and even transmit it with little fear of detection by law enforcement.

Due to the extraordinary impact of the Internet, a computer crime scene can now span from the geographical point of the victimization (e.g., the victim’s personal computer) to any other point on the planet, further complicating criminal investigative efforts.

Definition of Cyber Crime

The Indian Legislature doesn’t provide the exact definition of Cybercrime in any statute, even the Information Technology Act, 2000; which deals with cybercrime doesn’t define the term cybercrime.

However in general the term cybercrime means any illegal activity which is carried over or with
the help of the internet or computers.

Dr. Debarati Halder and Dr. K. Jaishankar define cybercrimes 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 (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)”

Nature and Scope of Cyber Crime

Crime is a socially correlated phenomenon. No matter how much we try, we cannot experience a society without cybercrime.

In an actual sense, when we are not yet able to control the crime rate to the desired minimum in the real world, how would it be possible to curb the same in the virtual world, as the same is comparatively more unreal, everlasting, and legally less controllable.

However with time, nature and scope, and definition of crime changes in a given society.

A crimeless society is a myth and crime cannot be segregated from society. Thus the nature of the crime depends upon the nature of society.

The complexity of society determines the complexity of the crime that evolves around it.

To understand the crime in a society, it is essential and crucial to verify all the factors which influence and contribute to the crime.

The socio-economic and political structure of the society needs to understand the crime and the recourse that may curb the same.

The preventive and corrective measures adopted by the machinery to control crime and
delinquent behavior in society are also taken into consideration while studying the nature and scope of a crime.

Characteristics of Cyber Crime

(1) People with specialized knowledge: Cyber crimes can only be committed through technology, thus to commit this kind of crime one has to be very skilled in internet and computers and internet to commit such a crime.

The people who have committed cybercrime are well educated and have deep understanding of the usability of the internet, and that’s made the work of police machinery very difficult to tackle the perpetrators of cybercrime.

(2) Geographical challenges: In cyberspace, the geographical boundaries are reduced to zero. A cybercriminal in no time sitting in any part of the world commits a crime in another corner of the world. For example, a hacker sitting in India hacked into the system placed in the United States.

(3) Virtual World: The act of cyber crime takes place in cyberspace and the criminal who is committing this act is physically outside cyberspace. Every activity of the criminal while committing that crime is done over the virtual world.

(4) Collection of Evidence: It is very difficult to collect evidence of cybercrime and prove them in a court of law due to the nature of cybercrime. The criminal in cyber crime invokes jurisdiction of several countries while committing the cybercrime and at the same time he is sitting someplace safe where he is not traceable.

(5) Magnitude of crime unimaginable: Cybercrime has the potential of causing injury and loss of life to an extent that cannot be imagined. The offenses like cyber terrorism, cyber pornography, etc have a wide reach and they can destroy websites, and steal data from companies in no time.

(6) Classification of Cyber Crime: The researcher in this chapter examines the acts wherein a computer or technology is a tool for an unlawful act. This kind of activities usually involves a modification of conventional crime by using informational technology. Here is the list of prevalent cyber crimes, some of them are widely spread and some are not prevalent on a larger scale.

Author
Language English
No. of Pages107
PDF Size1.2 MB
CategoryEducation
Source/Creditsbbau.ac.in

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