Cybercrime and Privacy - Research Paper Example

?Cybercrime and privacy Contents Sr. # Topic Pg Introduction 2 2. Significance, scope and extent of the problem 3 3. The myths of cybercrime 6 4. Dangers of cybercriminals & impact on the society 8 5. Need for legislation 11 5. Conclusion 13 Works Cited 14 1. Introduction: There has been a dramatic rise in the reach and availability of electronic means of communication in the recent decades. This has led to a simultaneous rise in the internet related crimes whereby electronic resources are exploited by cyber criminals, to commit online frauds. The internet related crimes are fast spreading across the globe and have become transnational in nature, thus making it far more difficult to restrict, prevent, or investigate such occurrences and persecute the perpetrators. Although the law enforcement agencies, have enacted several policies and set up legal departments to track and prohibit malicious use of internet by the cyber criminals, there is still a serious lack of effective resources and infrastructure to dissuade cyber criminals from engaging in such crimes (Wall 5). The growth in technological advancements has resulted in a simultaneous rise in invasion of our privacy. This is apparent from the growing number of spam messages and unsolicitated mails in our inbox. This sudden influx of data comprising of marketing reports and aggressive advertising, encountered in our daily lives is one of the most predominant nuisances in present times, which indicate the level and extent of this menace. The increasing exchange of personal information between technology and individuals as a form of communication, which is stored in databases is a threat to our privacy since this information is likely to be pawned by marketing professionals in their profit games. The gravity of this threat is aggravated by the fact that nations across the globe today are highly dependent on information technology. Although the information age has contributed immensely towards enhancing the quality of our lives, it has displayed a serious negative side as well - that of completely diminishing the society's right to protection of their privacy (Wall 37). 2. Significance, scope and extent of the problem: “Undeterred by the prospect of arrest or prosecution, cyber criminals around the world lurk on the Net as an omnipresent menace to the financial health of businesses, to the trust of their customers, and as an emerging threat to nations’ security” Marc Goodman The study of cybercrime raises several critical questions regarding the protection of privacy and more specifically the increasing loss of privacy. The proliferation of technology and internet based activities ranging from personal banking and social networking activities to shopping online and searching for employment has become common place, and hence increased the vulnerability of individuals to cyber attacks. The personal details shared by individuals online are accessible to everyone thus making it highly susceptible to misuse, and thefts of identity by cybercriminals (Brenner viii). The commercialization of personal information has added a boost to criminal activities online and the anonymity that the web offers almost guarantees impunity to the perpetrators thus making it difficult for law enforcements to prevent the growing trend. The issue of cybercrime, has been growing consistently and is now known to be one of the most serious and globally recognized internet crimes in recent times, causing millions of dollars worth of losses every year in the U.S. According to the Cyber Crime Report (2011) conducted by Symantec in the U.S. it is estimated that cybercrime has amounted to a total of $338 billion over the past year (Symantec.com, 2011). The report further states that 69% of the adults surveyed have admitted to have fallen prey to cybercrimes in their lifetime of which 65% suffered due to online frauds during the past one year. 75% of the victims of cybercrimes were those between the age group of 18 and 31 years. Figure 2: Source: Cyber Crime Report: Symantec (2011) The anonymity and protection that the cyber world offers to the criminals, along with the little investment and low risk it takes to perpetrate a crime makes it difficult for the law enforcement bodies to track and punish the criminals, thus leading to impunity. Most of these crimes and frauds are often committed by organized groups, who are difficult to be traced back, thus significantly limiting their exposure to informants, and providing them the leisure to continue their covert operations from a safe distance (Yar 141). Apart from the financial losses, cyber crimes involving identity thefts, spamming and use of malicious software causes loss of important data (Reyes et al. 303). According to statistics made available by the Internet Crime Complaint Center (2011), the major types of crimes and frauds reported during the year 2011 included impersonation; work-from-home scams; overpayment frauds; identity theft; as well as non-auction or non-delivery of merchandise among others. The same are shown in the figures below: Source: Internet Crime Complaint Center (2011) 3. The myths of Cyber crime: Cybercrimes mostly comprises of an attack on an individual's online identity and although it does not affect an individual physically it does tend to significantly impair their virtual identities. Serious cybercrimes such as cyberbullying, virtual stalking, child pornography, theft of identity or intellectual property etc., tend to violate the privacy of the victims and cause irreparable emotional and mental distress to them in the process. In the absence of stringent measures such crimes are likely to escalate resulting in chaos and anarchy in the online world (Brenner 33). Although there is sufficient evidence substantiating the hypothesis that cybercrime has and continues to cost millions of dollars of losses worldwide, and threatens to disrupt the social fabric of the communities we live, in, there are reports countering and challenging the validity of such claims. According to some, although the gravity of the issue cannot be completely undermined, the extent and significance of such crimes however is a myth. The facts and figures highlighting the penetration of cybercriminal in virtually every aspect of our daily online activities, are often blown out of proportion, and hence wrongly calculated (NY Times.com). Some authors investigating this issue have described the cybercrime phenomenon, as discussed in recent times, as science fiction, claiming that the facts and statistics regarding cybercrimes may have been misrepresented, thus leading to a serious distortion of reality. The dramatic conceptualization of the potential catastrophic outcomes of cybercrimes in films, television and/or at times by the print media; on the society is misleading and has led to a heightened fear of cybercriminals. This is mainly because they are often portrayed as larger than life figures, capable of endangering the lives of the ordinary citizens by manipulating their online identities and compromising their financial and emotional securities (Shinder and Tittel 104). The trend is further sensationalized by the extensive coverage of such activities in the media, thus creating confusion and panic among the users, and blurring the lines between reality and rhetoric (qtd. in Wall 14). Cynics have argued that the issue of cybercrime is often misrepresented in the popular media and misguided the viewers into believing in an alternate reality which is marred by fictitious data. The widely portrayed media-image of a hacker effortlessly blends high-tech use of gadgets, computer wizardry and criminality, although the depiction is far from reality. They are often depicted as vindictive criminals working for the underworld who menacingly prowl on the virtual world to cause considerable damage to the general public (Shinder and Tittel, 2002). For instance, in movies such as Wargames, Hackers, The Matrix, Live free or die hard etc depict internet crimes and hacking as fatal and capable of destroying the society we live in. Such mythical misrepresentation is then further popularized by theories and notions of the likely repercussions, leading to disruptions and chaos in the social order. The repeated exposure of such misappropriated information influences the public belief, and raises serious concerns regarding the safety of individuals in the cyber world. The stereotypical misrepresentation of cybercriminals in popular media tends to manipulate public perception of such criminals and dissuade them from identifying and punishing the criminals, thus ensuring impunity to perpetrators. 4. Dangers of cybercriminals and impact on society: “The world isn't run by weapons anymore, or energy, or money. It is run by ones and zeros - little bits of data. It's all electrons... There's a war out there, a world war. It's not about who has the most bullets. It's about who controls the information - what we see and hear, how we work, what we think. It's all about information.” (Goodman 466) The cyber world acts as a haven for criminals and offers them an opportunity to execute their malicious and evil attacks on innocent users, to further their own personal agendas. The victims of such crimes include individuals - children as well as adults -- ; and corporate organizations. In case of individuals, the attacks mostly include spamming, identity thefts, scams, frauds and bullying. The individuals are most at risk of cybercrimes due to the lack of effective safety measures and the lack of knowledge regarding the terminologies associated with it, such as malware, spyware, phishing etc. According to available data, approximately 41% of adults surveyed were reported to have little or no knowledge regarding the use of security software suites and measures to safeguard their online identities; and 54% of them have admitted to have experienced virus attacks during the past one year (Symantec, 2011). One of the most recent examples of gross violation of privacy was observed in the Rutgers-Clementi spycam case. In this case, a former Rutgers student Dharun Ravi was convicted for bias intimidation, and invasion of privacy. The accused allegedly activated a webcam with an intention to spy on his roommate, Tyler Clementi, and capture him in a sexual encounter with another man. The incident resulted in the suicide and death of Mr. Clementi (The HuffingtonPost.com). The severity of internet crimes is highlighted in this case where the consequence is brutal and irreparable. Although such crimes are executed online in the virtual world, the damages are very much physical in nature. In case of corporations the crimes are equally heinous and include data theft, causing millions of dollars of losses to the companies. The rates of victimization in information societies are relatively higher than those prior to the advent of technology, since it offers the criminals the benefit of impunity, as opposed to that in the real physical world. Furthermore, common internet crimes such as hacking and cyber bullying continue to dominate the cyber world, risking the lives of individuals, every year. In both the cases, the victims are continuously and deliberately pursued and harmed, by cybercriminals causing considerable physical and emotional distress to their victims. Online bullying has recently emerged as one of the most disturbing occurrences in recent times, due to its the ability to cause recurring and long lasting psychological damage to the victims. Cyber bullying includes flaming, harassment, cyber stalking, as well as denigration. Flaming refers to an activity whereby the perpetrators of the crime engage in abusive behavior towards the victims, by way of passing on rude, abusive or derogatory messages about a person and share them in an online group such as social networking sites, group chat rooms or blogs (Li 435). The cases of cyberbullying are on the rise. According to a report made available by The Daily News, 70 per cent of students in the State of New York admitted to have experienced cyberbullying (NY Times.com). The extent of damage caused by such crimes is further worsened by the fact that more often than not, the perpetrators of such crime go undetected, thus often leading to an eventual blurring of reality and virtual world. The virtual reality, in such cases, tends to cause physical and emotional damage to the victims, thus hampering the human experience, and leaving the victims completely unprotected. Their inability to develop and utilize psychological defenses may lead to fatal consequences (Kowalski et al 780). The Rutgers-Clementi spycam case, is a case in point. There are instances whereby the excess involvement and indulgence of individuals in the online world, and their inability to apply and use effective virtual defense mechanisms has led to their victimization, forcing them to seek therapeutic solutions, or prompt medical attention. The transnational nature of cybercrime is also well documented with various instances indicating an irreparable damage caused to those involved. For instance, David Smith, a programmer from New Jersey, U.S.A., developed a computer virus named 'Melissa' and spread it through the cyberspace via email. This act lead to a large scale destruction of crucial persona, corporate as well as government data, resulting in millions of dollars worth of losses. In another incident 5 hackers from Moscow stole over 5400 credit card numbers from not only their own countrymen but also from foreigners and internet retailers, pocketing more than $630,000 (Sofaer and Goodman 9). The various examples discussed in this paper bear testimony to the fact that cyberspace is as much prone to crimes as the real world, and that the gravity and extent of the crimes experienced in the virtual space are equally serious and threatening. There is hence a dire need to curb the aggressive and hostile cyber activities by introduction of stringent laws that promises to punish the offenders and secure the privacy and rights of the netizens. 5. Need for legislation: The spurt in internet based crimes has warranted the need for legislation and strict action to be taken against the criminals. The cyber world is in dire need of updated anti-fraud legislations which take into consideration the use of new and innovative forms of technology to cause significant damage or harm others in an online environment. Some of the key issues that needs to be addressed include widening the scope of key terms and definitions to include all forms of technological gadgets used to cause harm; developing and introducing effective criteria for electronic evidence; broadening the scope of criteria currently in use, to keep up with the ever changing external technological environment; redefining and including new forms of frauds, thefts, and / or crimes and eliminating the outdated laws (Yar 93). Various countries have taken stringent steps to prevent cybercrimes and safeguard their citizens from hostile acts in an online environment, while many others still lag behind. As the incidences of cybercrime transcend beyond borders there is an urgent need to internationalize the laws and regulations to ensure that international crimes do not go unpunished merely on account of lack of effective means. International treaties and conventions must be signed and political will must be motivated to protect the cyber-citizens from faceless criminals. Conclusion: “Cyberspace is real. And so are the risks that come with it. It's the great irony of our Information Age - the very technologies that empower us to create and to build also empower those who would disrupt and destroy. And this paradox - seen and unseen - is something that we experience everyday... Millions of Americans have been victimized, their privacy violated, their identities stolen, their lives upended, and their wallets emptied... In this Information Age one of your greatest strengths...could also be one of your greatest vulnerabilities.” President Barrack Obama (qtd. in Ferrera et al 401) The information age has ushered us into a wider global society without borders through a wide and complicated network of computers sharing and exchanging vast amount of data every second. This global infrastructure of networked computers however is prone to frequent attacks by cybercriminals. Also, the tools and sophistication of cybercrimes is increasing at alarming rates threatening to disrupt our everyday lives. The laws and regulations implemented so far have proved to be ineffective to curb the growing menace mainly due to political and technological setbacks. It is hence imperative for individuals to ensure implementation of proper care and precautions while dealing in an online world, to prevent victimization. Considering that the world today is highly dependent on technology and internet has become an inseparable part of our daily existence, the safety of individuals in the cyber world cannot be overlooked. New investigative techniques must be developed to ensure prevention, detection and protection of privacy of individuals. Works Cited: Brenner, Susan. Cybercrime: Criminals threats from cyberspace. California: Praeger Publications, 2010. Print. Ferrera, Gerald., Reder, Margo., Bird, Robert., Darrow, Jonathan., Lichtenstein, Stephen., Aresty, Jeffery., and Klosek, Jacqueline. CyberLaw: Text and Cases. Southport, UK: South-Western Publishers, 2011. Paperback. Goodman, Marc. "Why the police don't care about computer crime". Harvard Journal of Law & Technology vol. 10 no. 3: 466 - 490. Print. Kowalski, Robin., Limber, Susan., Agatston, Patricia., Blackwell, Malden. "Cyber bullying: Bullying in the digital age". The American Journal of Psychiatry, Vol. 165 no.6: 780-781 Reyes, Anthony., O'Shea, Kevin., Brittson, Richard., and Steel, Jim. Cyber crime investigations: Bridging the gaps between security professionals, law enforcement, and prosecutors. Rockland, MA: Syngress Publishers, 2007. Paperback. Shinder, Debra., Tittle, Ed. Scene of the cybercrime: Computer forensics handbook. Rockland, MA: Syngress Publishing, 2002. Paperback. Sofaer, Abraham., Goodman, Seymour. The transnational dimension of cyber crime and terrorism. Stanford, California: Hoover Institution Press. Print. Yar, Majid. Cyber crime and society London, UK: Sage Publications, 2006. Paperback. Wall, D., (2007). The transformation of crime in the information age. Cambridge, UK: Polity Press. Print. Online HuffingtonPost.com. Dharun Ravi Sentenced to 30 Days in Jail, 2012. 13 June 2012 MarcGoodman.net. Oxford International Journal of Law and Information Technology, 2002. Web. 13 June 2012 NYTimes.com. Students report cyberbullying is pervasive, 2012. 12 June 2012. Read More