The Argument that Cybercrimes Are Not New Crimes, But Are Variants of Existing - Assignment Example

Usage of computers and internet is rising fast due to lower costs and faster and easier connectivity which has made it a convenient means to transact commercially and personally. The transactions are heavily reliant on interacting through automatic means instead of face to face meetings which creates a vast expanse in allowing additional and anonymous opportunities for crimes to be perpetuated. “Computer Crimes” include crimes that are perpetrated in regard to materials that are integral to the computer such as software and records and its processing tools. “Cyber Crimes” are criminal activities that are carried out by using the electronics communication media. The most significant worries about cyber crime relate to spoofing, pharming and phishing by misusing online observation technologies. Additionally, there are several other modes of criminal activities that are inflicted by using information technology, such as industrial espionage, cyber terrorism, pornography, defamation, harassment and certain regulatory offences. The current criminal law in most nations does deal with cyber crimes but there are problems in the new technology being effectively addressed from the legal perspective since most statutes and jurisdictional issues may not be considered appropriate in dealing with cyber crime (Jewkes, 2007). All advancements in technology appear to create new ways of crime as new systems are developed in meeting the aspirations of human beings. New and novel activities are created almost on a daily basis and new fangled viruses are set off into the electronic world with a regularity that is becoming alarming by the day. Cyber crime is on the constant increase but this does not imply that such crimes are new; it is only that novel methods have been developed to commit the existing crimes and that better ways have also been developed to detect them. Cyber crimes have intensified due to the fact that authorities have now become more cautious and careful in tackling electronic crimes in comparison to about ten years ago. There has been increased confidence and reliance on sophisticated tracking systems, increasing utilization of computer forensics and the creation of high tech organizations that have enabled the visibility of cyber crimes. It is true that cases of stated crimes are increasing by the day but the factual position about cyber crimes is not very explicit. Companies continue to be reluctant in reporting cyber attacks in fear of adverse publicity. In essence, the international legislative systems need to be strengthened in establishing synergy in alleviating the intensity of losses and hurdles arising from the repeated instances of such crimes that have no limits to the extent of loss which they can inflict. It is surprising to note that about a hundred countries still do not have an effective regulation system to tackle cyber crimes nor they have any law to tackle computer crimes within their legal framework (Fafinski, 2009). From the large number of cyber crimes being committed it would appear that they are essentially new crimes but that is not true. Most of the offences as described in different statute books of different nations have not been required to be additionally clarified in the context of computers and in the manner that they were committed. This does not imply that the law is stagnant in not incorporating the new techniques and the nature of offences, for, a number of developed and developing nations have already acted in taking preventive measures in this regard. The changing nature of the manner in which such crimes are committed has implied that internet users and governments should become more alert about potentiality of scams and about issues of security. At the same time criminals are constantly devising new and novel methods to carry out the crimes which are gradually proving very difficult to handle as they stretch resources beyond limits in most cases. Cyber crimes are not new crimes but are just new variants of past and present patterns of committing crime. The example of a criminal group that spoofed the website of a bank to take money from an email scam by using the bank’s logos and other information from its original website to give the impression of authenticity clearly indicates the future of cyber crime. Cyber crime essentially exploits existing methods in innovative ways though in being variations in the present pattern of crimes. It is like saying that there is nothing new about a confidence trick since the difference lies in the manner in which the criminal finds novel ways of running the trick (Shinder, 2002). The example of a virus alert that was communicated in September 2002 relates to an electronic mail that had the subject written as ‘internet security update’ and the security attachment in the mail was in effect a virus. Gullible users downloaded the attachment mistakenly believing that they were protecting their computers when in fact they had opened up the entire systems in making them more vulnerable to security risks. Those who perpetrate cyber crimes change their targets as is evident from how an attack was launched on thirteen major internet servers. The attack did not succeed since the servers proved to be stronger though some minor slow downs did occur which were not detrimental to the interests of most internet users. Such examples demonstrate that cyber crime has begun to develop on novel lines as some succeed more than others. Some cyber crimes get discovered and are dealt with but a lot of them go undetected. Cyber criminals succeed because they are getting smarter by using polymorphic viruses which can alter their compositions from one computer to another. Such viruses are on the increase and automated gadgets are the ones that are most severely affected from the development of new hacking techniques (Jordan et al, 2004). The fact remains that crimes have not changed; it is only that criminals have altered their methods in devising innovative techniques to commit the crimes. Most cyber crimes do not make the head lines since they do not result in enormous losses and do not extensively disrupt the services. It can be said that the spread and popularity of internet has not created new crimes though new criminals may have been created. Currently a criminal can be any person who has access to the internet and a little knowledge about using it effectively. By simply accessing any search engine and searching for hacking tools it is possible to have access to over 500,000 links to websites that will guide the user in downloading toolkits that can assist in and provide knowledge about cracking passwords, creating viruses and sniffing out vulnerable network connections. Such options have made criminals to have high levels of confidence. Committing crimes has become easier since a criminal does not require going to a bank with a gun but only needs to access the internet and carry out the dirty job of swindling money from people. Invariably the criminal activity is the same except that the modes operandi has changed. Just as all crimes are difficult to hide, cyber crimes too cannot be hidden for long (Williams, 2006). The sophisticated tool kits enabled hackers to launch an attack against the US Department of Defense in 1998 at a time when the country was preparing to bomb targets in Iraq. It was initially believed that the attacks were targeted from places such as UAE, Taiwan or Israel and the situation was very delicate since the attackers were able to extract passwords of defense networks. The information collected by the hackers was mostly unclassified but if misused they could have adversely impacted the health and finance data bases of the country. It was however found that the attacks were not masterminded by any sophisticated criminal groups with an intention to harm the US national interests but by teenagers from California and Israel. It was learnt with this incident that the US defence establishments were not properly guarded even against unsophisticated attacks and that the attack was executed by using tools that were obtained from the internet (Townsend, 2005). With the increasing ease of committing cyber crime the range of criminals in such activity is also increasing. This also implies that the range of possible victims to cyber crime is also increasing as more and more people become vulnerable to the related risks. Any person who has at any time purchased a product or service on a website or given his or her personal details in order to receive any information, has a strong chance that he or she would be on the target list of cyber criminals. The acts committed in this regard could be very minor in the person being put on a spam mailing list but this too can be a matter of great annoyance. Many countries have taken steps in regulating unsolicited mail. There are big risks for consumers in being made to suffer heavily by getting more than they could imagine while using the internet (Williams, 2002). The potential for corporate identity theft is well recognized and there are repeated instances of spoofing of websites of banks and financial institutions. Identity theft mainly relates to financial crimes such as theft of credit card details which is the most widespread occurrence in this category. Other criminal activities can be initiated by using a person’s personal details such as mother’s maiden name. The cyber criminal can take loans, redirect mails and open bank accounts in the name of the person whose details he has been able to hack. The menace of identity theft is growing very fast at an annual rate of 500 percent. Identity related crimes have taken a more serious turn in recent time as criminals obtain personal details of people from dating sites and then indulge in severe crimes such as rape and murder. It is thus clear that the crimes remain the same in this world but cyber crimes have changed the modes operandi and the manner in which they are committed. Organized crime is about pursuing profits and has been described by theorists as a continuation of business by using criminal means. Before the advent of the internet such crimes were committed and are committed in the current times also but with a difference; by using the prevailing technologies to the maximum advantage in efforts to go undetected. Criminal organizations have become very deft in environmental scanning while searching for new avenues in the world of crime. In this context, enormous opportunities are made available by the constant growth of the electronic media and there has been considerable increase in the sophistication levels of organized criminal groups and drug traffickers. For example, the drug traffickers in Columbia that used traditional approaches to carry out their activities have started using the services of internet professionals who possess the expertise to further their interests in this regard. By ensuring through a combination of threats and rewards they are carrying out their activities efficiently and with the desired results. Crime groups that are well organized are now carrying out their criminal activities with greater efficiency by exploiting the potential of the internet which fits perfectly into their model of activities. Criminals carry out their business with an acceptable element of risk which is very well served by the internet in enabling the massive expansion of their international operations with lesser risks. Criminal groups feel that the internet enables higher levels of protection from law enforcement authorities due to the reduced risks. The trans-national nature of the internet fits perfectly into their criminal model. The virtual world does not imply any borders which makes it very attractive to carry out criminal activities. Conversely, when the question arises of checking the menace, the lack of borders and existence of national boundaries entail extreme difficulties in investigating cyber crimes. Crimes remain the same but the anonymity available with internet makes it the ideal means to carry out criminal activities which were hitherto carried out in traditional manners. Criminals have become better equipped since the criminal underworld implies extreme murkiness and absence of transparency where the activities of criminals are concealed from public view and knowledge. Secrecy is an essential element of organized crime strategies and the internet provides the opportunity for its continuance. Criminal actions can be concealed in the veil of secrecy which can vary from using the omnipresent cyber cafes to sophisticated ways of covering internet routing. Criminal activities by organized groups were present in the past and with the advent of internet they have begun to be committed with more sophistication and anonymity (Wall, 2001). According to Middleton (2002), crime has diversified into different forms of internet related crimes, the most significant being crime involvement that was once classified as white collar crime. During the 1990s there were several instances of criminal organizations using dumping techniques in duping shareholders and those that dealt in shares at stock exchanges. Although most of such activities involved coercion and controlling of brokerage companies, vital information was obtained from the internet in artificially inflating the stock prices. Criminals have begun to realize the convenience associated with internet in carrying out their activities. There is now increasing focus being made on white collar and financial crimes which will make internet based criminal activities more pronounced. Internet has provided the convenience to criminals in making lucrative breaks, especially in stock frauds which accounts for almost $10 billion every year (Parker, 1983). However such patterns do not imply that the character of organized crime will alter. The intrinsic culture amongst criminals to intimidate and use force is much suitable for the expansion of advanced schemes of cyber extortion which can endanger the communication and information systems in destroying the records. Extortion by criminal groups has given way to cyber extortion whereby minimum risks are incurred and pay off are higher. This form of crime is still under reported and the future will witness expansion in this regard as organized crime moves further in exploiting the increasing susceptibility that comes with increasing reliance being made on network systems. According to Yar, (2006), crimes have become more convenient in view of the now available option to carry them out by using what has been termed as jurisdictional arbitrage. Cyber criminals can escape prosecution by carrying out their activities from jurisdictions that do not have strict laws against cyber crime. Although a large number of countries have taken remedial measures in passing legislation to curb cyber crime, jurisdictional issues continue to create voids that enable cyber criminals to operate without much hindrance and difficulty. Just as offshore tax havens and bank secrecy countries enable tax evaders to conveniently escape unnoticed by their respective countries, such cyber crime hubs have become notorious in sheltering cyber criminals. Such conditions make it difficult for law enforcement efforts to succeed in curbing international criminal activities. Money laundering that was carried out before the advent of internet is now conveniently done with the help of the added anonymity rendered possible by this option. More and more international trade is taking place through the internet thus providing opportunities for money laundering by way of over invoicing and under invoicing. Online auctions have become a convenient means for money laundering by paying higher amounts than the worth of the purchased goods. Online gambling enables the movement of money and as electronic banking and e-money become popular; there are increased opportunities to hide the income proceeds from criminal activities while the number of illegal transactions continues to grow (Jewkes, 2003). According to Balkins et al (2006), the business implication of cyber crime can prove to be very far reaching. This suggests that major changes need to be implemented for cyber security and better planning be initiated for the implementation of security measures. If the potential of e-commerce is to be fully utilized it becomes very important to implement such measures so that large losses are avoided and people do not refrain from using a means that can prove to be of extreme benefit to humanity. Security has to be strengthened in terms of business strategies, planning and intelligence activities. In understanding that cyber crimes are not new crimes we need to recognize that the real problem is crime, as it was before, and not hacking. Organized crime and cyber crime are increasingly becoming a major element of the business atmosphere. Although defacement of websites, denial of service and disruption will persist in being issues to be resolved, the misuse of accessibility to sources of information for criminal purposes will continue to become more persistent. The pattern will further develop towards services being offered for accessing business networks, drawing attention to security holes, obviously for a fee, in being a hidden means of extortion. In providing immense capabilities and opportunity, the internet has globally changed the nature of most of the legitimate business activities by enhancing the convenience, speed and variety in which businesses can transact with each other while also lowering several other costs. Criminals have found that the internet has the potential to offer novel prospects and multiple benefits for conducting illicit businesses. The darker side of the internet relates to theft and fraud, invasive pornography and drugs trafficking. Cyber criminals and criminal organizations have the opportunity to exploit instead of being concerned about the disruptions that have become the focus of different intruder communities. Although it is certain that cases of reported criminal activities are on the rise the true position about cyber crime is not that explicit. Businesses continue to remain reluctant in reporting cyber crimes in fear of harmful exposure. The legislative systems as adopted by different countries in this regard need to be coordinated in bringing cross border strengths (Adam, 2005). In both the real world and the virtual world criminal activities are carried out by small groups or individuals that can be recognized as unorganized crime. However there is now a growing pattern whereby mafias and organized criminal groups have started using the increasing opportunities provided by the internet. Crime and cyber crime cannot be identical and most of the organized crimes and other criminal activities will continue to happen in the real world instead of in the cyber world. It is also true that most cyber crimes will continue to be an offshoot of such criminal activities. The extent of overlapping amongst crimes and cyber crimes will significantly increase in the coming times and this is something which must be understood by governments and businesses as an emergent and severe threat for cyber security. Reference List Adam, A. (2005) Gender, Ethics and Information Technology, Basingstoke, Palgrave Macmillan. Balkin, J., Grimmelmann, J., Katz, E., Kozlovski, N., Wagman, S. & Zarsky, T. (2006) Cybercrime: Digital Cops in a Networked Environment, New York University Press, New York. Fafinski, S. (2009) Computer Misuse: Response, regulation and the law Cullompton: Willan Jewkes, Y. (ed.) (2007) Crime Online, Collumpton: Willan. (key text) Jewkes, Y. (2003) Dot. Cons: Crime, Deviance and Identity on the Internet, Collumpton: Willan. Jordan, T. and Taylor, P. (2004) Hacktivism and Cyberwars: Rebels with a cause?, London: Routledge Middleton Bruce, (2002). 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