Cyber Crime Exaggeration and Legislation - Assignment Example

Cyber Crime xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Cyber crime exaggeration and legislation xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Name xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Institution xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Lecturer xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Date Abstract. With the inception of modern technology, times have cantankerously changed and do call for the society to style up. Assault is no longer physical as this is bound to easily be detected, as cyber crime has become the main driving force of the society. Criminals have chosen to venture into virtual life crime with many criminals enrolling because of the non-hostility of the environment involved. Research has been done explaining the reason behind the sky rocking of crimes. In the paper herein we take an expedition into the mind of criminals to best decipher the secret for thriving. With the 09/11 episode fresh in the mind, several litigation measures have been tailored to help bring this scenario to book. The paper unearths various types of cyber crime and the measures of mitigation from the legislative perspective. Contents Abstract. 2 Contents 2 Introduction. 4 Aim 4 Background 4 Method 6 Scope 6 Plan 6 Findings and Discussion. (Main body) 6 Forms of cyber crimes 8 Identity Theft. 8 Botnets 9 Phishing/ Denial of Service 11 Identity fraud. 12 Malicious code from website 13 Spam mail 14 Software Piracy and Counterfeiting 14 Discussion/analysis 15 Financial fraud in the cyber space: 16 Money laundering. 17 Legislative Measures to mitigate cybercrime 17 The PATRIOT Act 18 European convection on cybercrimes and internet insecurity 19 Recommendations. 19 Conclusion. 20 References 22 Introduction. Aim In this paper we intend to study cyber crime and understand the level which developments in the cyber domain and comprehend from the legal point of view the level of exaggeration Background With the advent of technological wizards in this generation; rather the so called blue tooth generation, much is happening in the cyber domain enough to leave one spell-bound. Cybercrime has been on the increase to such an extent that any man fit to thrive in this generation must seek counsel of cyber wizards. The 2008 survey by AVG security, with Australia, U.S., Germany, Italy Spain equally duped. 39% of Australians succumbed (in the lead) with Sweden and Spain attaining 14%. 1 the supersonic development of the cyber domain is posing horrendous effect on the technological, economical and military spheres of countries across the world. Rate of software technology pre exposes the world system to internet risks. 2cyber espionage can be used in perpetrating cyber crime. According the European Convention on cyber crime, pornography, IP Rights infringement, ID theft inter alia, encapsulate some of the cyber crimes prevalent. The September 11 episode on the WTC was just a tip of the iceberg of the operational logistics. This was followed later by stringent post-terror operations. Techno savvy research gurus in government institutions have been employed to keep the governments vigil of the cyber devolpment.3 Hacking into the security systems and misdirecting pilots has put many at stack 4in the light of industrial competitive advantage, companies are are always seeking to hack systems. Hacking risks have been prevalent in many companies5. Method In this study, we take a critical look at cyber crime in broad sphere. Questionnaires shall be used to collect data from renown companies in the world. Online question and answer method shall be employed to collect data the electronic way and from respondents located in the diaspora. Stratified random sampling and simple random sampling shall be used to collect data from public and Private Corporation Scope In the study, we shall target government security agencies and international criminal fighting organizations. Defense structures of the military organizations are an idea study phenomenon. Software companies such as Google, Micro-Soft, criminal investigation such as FBI. We shall give it a broad berth of research to arrive at conclusive findings. Plan To execute the study shall hire or deploy software engineering students to help in collecting data and follow up the phases involved in the study. Findings and Discussion. (Main body) The cyber crime is an ongoing thing in the cyber space. Each ticking second, persons hack into the system, using fraudulent tactics and so forth. The toughest war to manage in this dispensation is to do with cyber terrorism which according to Dorothy Denning, a computer science professor of computer science, has postulated an admirably unambiguous definition in the House Armed Services Committee in May 2000: Cyber terrorism is the convergence of terrorism and cyber space. This refer to threats of computer/ network/ information attack. For cyber crime to truly stand out, the attack must be aimed at people or property to a level of imparting fear. Such attacks should be such that they lead to death or injury, explosion, or a horrendous economic espionage. Gravely attacks on critical infrastructures can result in cyber terrorism, depending on the impact thereafter.6 Cyber terrorism is, indeed an attractive option for modern terrorists, for the value the anonymity therein, its ability to inflict wholesome damage, the psychological impact, and appeal from the media. Cyber terrorism comes hand in hand with cyber fears which have indeed been exaggerated in a way or so. This is so because the effect and damage by cyber attacks is not tantamount to the physical nature of the assailant has not sought to inflict the kind of damage that would qualify as cyber terrorism. There are Cyber crimes caused by web attacks and malicious code that account for more than 90% of cyber crime.7 The benchmark study of the USA is two-fold in nature; such that it creates cyber fears the world over rendering global economies in turmoil or economic espionage and on the fact that cyber space techno savvy can be profitably put to use say in the research of the intelligence of an organization in the quest for qualified service delivery. Essentially cyber crime helps organizations to budget and plan for annual spending of the organization on mitigation of cyber space attacks. The attack herein encapsulates of confiscation online bank accounts, stealing of an organization’s intellectual property, creation and distribution of viruses on other computers and posting crucial confidential business information on the national infrastructure. Increase in cyber crime can be attributed to need for profit, use of state-of-art technology that are able to launched without human aid. The major findings in this research encapsulate the factor that cyber crimes are exorbitant and costly. According to the research findings, the median annualized cost of 45 organizations in a study had $3.8 million per year. Forms of cyber crimes The crimes in the cyber domain are so many to go through all of them at a time. As a result we shall take a look at a few case studies in the domain and examine their contribution in the global cybercrimes. Identity Theft. This is the spring board of almost all the operations in the cyber space. It is associated with the act of someone stealing another person’s information without his knowledge. The information gotten herein is used to commit fraud. Sometimes people unwittingly give up their personal details without the slightest expectation of any form of fraudulency, e.g. to give your details to a banking institution.8 Botnets These refer to the use of robotic programs, or bots, that are programmed to reside on the victim’s computer, not on the cyber criminal’s. They are employed as part of the electronic army totaling hundreds of thousands. In the words of a techno savvy McAfee Marcus, a botnet is an agent programmed to engage in endless, repetitive tasks. In the computer context, it’s a malicious program that can be used to send out large volumes of spam, or to scan and attack other computers on a recurring, massive scale.9 The botnets work in such a way that, according to McAfee, it is a cyber criminal or bot herder. It sends out malicious code that can compromise thousands of computers which can later be easily remote controlled; using them to execute anything from spam to phishing attacks as well. According to the FBI estimates, close to 1 million Americans are victims of botnet crime. From the cyber criminals view point; suddenly there are thousands of computers that have been sending spam, a Trojan launch, executing phishing; etc all done in the comfort of our rooms. The botnet cyber criminal are able to effectively obfuscate the source of the attacks. According to Tom Noonan, the General Manager of IBM Internet Security Systems; The ‘professionalization’ of cyber crime is unsettling for many reasons, not the least of which are indications that cyber criminals have been working round-the-clock to improve their technological capabilities. In the view point of Ron Plesco, the CEO of National Cyber Forensics and Training Alliance (NCFTA), which helps in law enforcement, industry and academia share of intelligence on cyber crimes. Botnets allows cyber criminal to work via electronic proxies and in nanoseconds. By using other peoples computers to execute your crime, you effectively create a forensics trail that leads law enforcement to innocent users. Fig. 1 Major sources of financial loss due to computer crime and security breaches, 2003-06 Figure 110; from the 2007 criminology of the institute of Australia; a report on the financial loss caused by cyber crime in $millions Millions of Australian dollars have been lost in the cyber domain. In 2005, the Australian computer crime and security survey (AusCERT) grouped cyber crime and the loss associated thereto. In the survey, the most costly cyber crime was Denial of service attack (lost $8.9 million) followed by virus/worm/trojan infection (lost $2.7 million) and computer system abuse ($2.4 million). Cost of computer crime by about 100 firms amounted to over $16 million in Australia. 1 The Trojan/worm/rirus infection in the year 2005 accounted for over 60% cybercrime in Australia. 2 Over 50% of laptop were stolenLaptop theft constituted the second largest category with almost 58%. 3 service denial resulted into over 20% of the cases. 4 . From the survey, the fifth most common cyber crime cases in Australia in 2005 in the ‘theft of computer hardware’, the following was observed; unauthorized access, theft, confidential info, systems adviser, identity theft, website deformation/ stealing hand held computers fraud , sabotage of data, interception in descending order. Phishing/ Denial of Service This occurs in a scenario whereby a web page is designed to resemble the legitimate web page. As result victims enter in their personal information eg names, passwords, and so forth.11 E.g. fraudsters sending out large amounts of email directing three weapons. The emails appear as though they are from banks, eBay, AOL etc asking the victims for personal info to help clear up a problem.12 Fraudulent dealers profit by stealing the victim’s identity and stealing the money therein.13 This does not just hurt internet business but also causes the customer to lose online transaction. In phishing, emails that look professional often trick victims; fraudsters spend time to seem legitimate. Often they target reputable companies that the victim is comfortable with and use legitimate company brand.14 As a tool of cyber warfare, Denial of Service is similar to spear-phishing attacks. There is a need, pursuant to the Cyber Security Strategy, for the government of Australia to operate secure, safe and resilient information and communications technology in environments. Through this, the DoS management is structured to Protect, Detect and React to an attack. This is meant to strengthen systems and networks against attack, detecting attacks and reacting appropriately.15 Identity fraud. Identity theft involves thousands of victims having inadequate computer security. Report by MasterCard Company gave a clear depiction that in 2006 more than forty million credit card numbers belonging to UK customers were accessed by computer hackers. 44% of the cases reported indicated that account numbers were sold out and its holder served with duplicitous charges in their email accounts with regard to their bank statements.16 As a matter of concern, this is an issue of grave concern in many countries and industries the world over. The mushrooming development in digital technology has fuelled the sky rocketing of in ID fraud cases allowing perfect reproduction of documents such as birth certificates, passports, driving licenses or other papers.17 These can all be used for creating a false identity; to be used for other crimes without detection. Statistically, identity fraud costs the UK economy over 70 million pounds in one year.18 Within a period of four months (between March 8 and July 30 in 2003), unauthorized intrusions in electronic databases victimized over 40 million peoples rendering them victims of identity fraud. Malicious code from website These might be codes of programs such as the Trojan horse that have the capability of the computer. Only one guy develops this malicious software and sends it the relevant individual. Sending can be to use by to one or many recipients. This can be by way of email, or clicking on the folder bearing a replica name. For instance, university students are always engaged on the popular social sites e.g. twitter, face book, hi5, YouTube, MySpace and even Google. In this dispensation, we are in an era of realizing modern and strange viral load attack on databases. At times on opening a malicious folder, your computer gets infected. These folders that are the cause are normally replicating themselves or take. During the general elections, a techno savvy can design. Spam mail This refers to the spreading / distributing of bulk at normal email that normally offers a recipient better deal on certain goods and services. The main purpose is to convince a recipient that he will receive an original product at a good value. Prior to receiving the consignment one is to receive the product the sender asks for personal details of the recipients to facilitate ease delivery of the commodity. The requirements normally include recipient credit number, money, name, country and address. The receivers send money or credit number details he will never hear from the spammer and all communication is cut down between them by the scammer.19 Software Piracy and Counterfeiting These two violate the Intellectual Rights Property. Software piracy and counterfeiting are related such that they are both forms of copyright infringements. However, they differ in their execution. Software piracy is the making of an illegal copy of copyrighted software and distributing it either via physical media or over the Internet. Through software piracy we get to acquire other people’s production at no cost with regard to the copyright. Counterfeiting is not only copying the data but also its packaging in efforts to pass it off as an original. According to the Software & Information Industry Association (SIIA), a leading global advocate for protecting software copyrights, pirating and counterfeiting of copyrighted software costs the software industry approximately $11-12 billion in revenue annually. Discussion/analysis The operations in the cyber space that amount to cyber crimes encapsulate inter alia, fraud, identity card fraud, and invasion of privacy, hacking.20 In addition to the litigation measures pursuant to cyber security, encryption, password protection, business policies and governmental intervention/ legal measures come in handy in cyber crime. The paper herein, therefore attempts to analyze the far reaching effect of cyber crime and litigation measures against. War in the cyber space has indeed plagued nations both great and small. The greatest historical example herein is the crime threat by the Italian-American Mafia called La Cosa Nostra (LCN), against the United States of America. LCN sought to plague the various sectors of the US economy through crime such as money laundering.21 Despite the establishment of the President’s Commission on Organized Crime (PCOC), followed by the adoption of several new tools and strategies to capacitate the enforcement of the litigation herein, LCN still remains a threat in the US. Another memorable crime episode by a terrorist group on the US is the 09/11 scenerio. Based on the way it was executed it is a fact that modern terrorists are increasingly reliant on the internet for execution of their daily operations. The anonymity of cyber terrorism makes the cyber space the best ground of operation. 22The WTC and Pentagon attacks served as an eye opener on the US security personal, understanding operation in the cyber domain, as an alternative to the physical domain which is bound to be cantankerous a venture in this era. The ubiquitous nature of the internet has indeed served as a hurdle to the US law enforcement agencies. 09/11 only served to usher in a new era of terrorism a.k.a. cyber terrorism. Today al-Qaeda is a strong web-based empire richly endowed with strategy, intelligence and training information. Formalized terrorist such as Lebanese Hizballah, Palestinian HAMAS post-terror survey also postulates a multimillion financial al-Qaeda.23 Shifting of strategy time and again coupled with anonymity renders this terror group a hard group to bring to book.24 Money laundering with corrupt insiders and intermediaries has plundered the US financial system billions of dollars.25 Different financial groups have been faced fraudulent dealers globally.26 Financial fraud in the cyber space: Financial fraud in itself is not such an easy litigation to execute. The Financial Law Panel Report in 2000 made it clear the existing law covered evidence that could be used in the prosecution of a cyber fraud.27 True to the letter, there is therefore nothing that we can do to a problem of the kind. As a result financial fraud continues to thrive in the cyberspace. In case of non-reporting of cyber crimes, there is no reporting of the developments to authorities because of bad publicity. Non-reporting therefore makes financial fraud to thrive in the cyber space, making financial cyber criminals to exploit the internet for financial gain.28 Money laundering. In common terms, laundering common refer to the legitimization and the concealment of the origin, source and identity of the proceeds of crime.29 In line with the Vienna Convention, the United Nations Convention against Trans national Organized Crime (UNCTOC); The 2000 adoption for money laundering refers to; the conversion or transfer of property , knowing that the property is the proceeds of crime, for concealing the true image. Second it is the concealment or disguise of the true nature, location, movement of owners. With full knowledge of the illegal aspect involved. Legislative Measures to mitigate cybercrime The computer linked to the Internet, like the swinging hammer used for illegal and malicious acts beyond its initial design, is the “newest weapon in the arsenals of asymmetric warfare.” The internet essentially provides a medium conducive to criminal activity not provident by the physical domain. It is easy to establish operation in the physical domain providing high rate of return. In the quest to protect the citizens of the nation against fraudulent dealers, the US has devised non-law enforcement measures to help address this scenario. In the IOC Strategy, the US uses non-law enforcement tools to aggressively utilize to target international criminals, freeze their illicit assets and eradicate their ability to advance their criminal purposes. These encapsulate the regulation of the US shell corporations, including proposed legislation requiring registration of agents to provide additional information on the beneficial owners. Another strategy is to work in close cooperation with the Treasury Department examining the availability of economic tools like combating IOC. IOC Strategy acknowledges that there is daily crime directed in both public and private sectors. The Immigration and Customs Enforcement (ICE) through the economic security initiative- Cornerstone identifies the vulnerabilities within the US financial industry that could be exploited by IOC groups. The IOC takes time to investigate and study the operational means of criminal organizations with the illicit proceeds earned through fraudulence. Such partnership is a crucial resource in tackling fraud, money laundering, and corruption.30 Pursuant to the IOC Strategy, the Department of Justice, in collaboration with the federal enforcement agency seeks to expand territories to public and private sectors. The PATRIOT Act In the face of dynamic al-Qaeda threat, the US security department started by changing and updating laws designed to combat the threat. This was effected through the introduction of Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act a.k.a. PATRIOT Act, fashioned to allow investigators to use specific crime fighting tools to combat organized terror attack; to facilitate informational sharing between government agencies; to update antiquated laws to address new technologies and threats and lastly, to hike penalty for the terrorists. Organizations are also devised to help actualize the litigation measures. This encapsulates for instance the agency at the tip of the spear of FBI who responded by creating a Cyber Investigation Division specifically vested with the duty to fight cyber threats. The FBI cyber is endowed with a four-fold mission; to stop those behind the most serious computer intrusions and spread of malicious code; identify and threat online sexual predators, counter the operations that target the US intellectual property and dismantle organized criminal groups thriving on internet. The act of the Cyber Investigations Division to launch a massive online software, movie, software breakdown and capturing identity thieves who stole credit card numbers through the use of phishing emails.31 European convection on cybercrimes and internet insecurity Cybercrime and internet insecurities are considered a major global challenge. Attitudes of what is comprised in a cyber space or a computer wrong-doing vary in different countries with regard to cultural background. The European convection adopted by council of Europeans constitutes forty three countries. The convention was opened in November 2001 in Budapest with a common goal of combating cybercrimes. It aims at adapting ideal litigation measures and nurturing cooperation with other countries and both private and public sectors within Europe and the world over. It ranks as the first international treaties on cybercrimes dealing particularly with violation of copyright, child pornography, identity fraud inter alia.32 According to the convection every country should take a national level measure of ensuring that unauthorized/ unauthenticated access to institutional systems is termed as a punitive criminal offence. The major benefit of this convection is progress in bringing to book cybercriminals globally. Recommendations. In the urge to ensure that all internet users in learning institutions, organization, government and other web users in Australia are safe from all cybercrimes, several measures need to be undertaken. Internet safety test should be mandatory in every Organization. Internet Service Providers are supposed to ensure that their services are protected against unauthorized access. This is possible through proper ISP legislation.33 By so doing all web users will be aware of internet risks connected to them hence personal responsibility to stay safe. People will be made to understand about the dangers which they are exposed to when engaging in cybercrimes and that cybercrime is a criminal offence. Further, a law on network security breach is considered as the most essentials advances that Australia need so as to effectively combat with cyber crimes in the cyber domain.34 It is important that the Australian government embarks upon enacting this law without waiting for the International community. Several elements need to be incorporated in this law. For liberal working, the information systems society needs express freedom to exercise its duties.35 For instance, definition should be issued out on network breaches covering both a inception for profound data lost and process involved in retrieving the data, a obligatory and central reporting system should be designed and formulation of rules that will state the nature of the network breach law and what steps should be undertaken when dealing with it. Cyber terrorism and cyber crimes have become a global concern in the world of technology. As such the government should work in collaboration with organizations like NATO and neighboring countries alike. Building a strong digital empire of Cyber Defense Management Agency and a 24/7 vigilance shall need to be boosted. Conclusion. Pen ultimately the sky rocketing technological development should be the ultimate quest of every country. In line with the developments in the digital cyber domain, the Australian government needs to realize the technological developments in this domain and understand the degree of exaggeration in the cyber domain. Pursuant to this, every country adherent to the constitutional declaration shall have to devise proper strategies to ensure efficient operation in the cyber space. In line with this, the Australian shall need to establish a techno savvy defense team to counter scenario like Denial of Service inter alia, operant in the day to day world. In line with this, there ought to be a proper and technologically endowed legislative arm to ensure proper legal surveillance. With regard to moral decadence associated with explicit internet, say pornography, the government must devise mechanisms to ensure parental protection.36 The best way to empower a nation is to empower the people therein. The Australian youth therefore need to be braced academically to be techno savvy and get to not only operate in the Australian jurisdiction but cross borders working with world renown organizations like NATO, thereby building not only technological muscle but also legal understanding of the cyber domain. The techno challenge is pertinent and will continue to evolve. Cyber criminals will continually seek to break into the Australian territories in multifaceted ways-cyber terrorism; the Cyber Defense Management Agency (CDMA) must be vigilant of the technological developments in the cyber space. The implementation of the state policy on cyber domain should be adhered to the later. The government should invest wholesomely in the development of the educational system. This will help in enhancing techno savvy development of the security system for domestic defense and global competitive advantage. References 1932750.stm (accessed August 8, 2003). ABA Banking Journal, Vol. 85 No. 9, p. 91. 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