An Introduction To Cyber-Crime – Cyber Law

Computer crime refers to criminal activity involving a computer. The computer may be used in the commission of a crime or it may be the target. Net-crime refers to criminal use of the Internet. Cyber-crimes are essentially a combination of these two elements and can be best 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 to the victim directly or indirectly using modern telecommunication networks such as the Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)”. [1]In its most simple form, cyber-crime can be defined as any illegal activity that uses a computer as its primary means of function. The U.S. Department of Justice broadens this definition to include any illegal activity that uses a computer for the storage of evidence. The term ‘cyber-crime’ can refer to offenses including criminal activity against data, infringement of content and copyright, fraud, unauthorized access, child pornography and cyber-stalking.The United Nations Manual on the Prevention and Control of Computer Related Crime includes fraud, forgery and unauthorized access in its definition of cyber-crime. Cyber-crime in effect covers a wide range of attacks on individuals and organisations alike. These crimes may include anything from an individual’s emotional or financial state to a nation’s security.There are two main categories that define the make up of cyber-crimes. Firstly those that target computer networks or devices such as viruses, malware, or denial of service attacks. The second category relate to crimes that are facilitated by computer networks or devices like cyber-stalking, fraud, identity-theft, extortion, phishing (spam) and theft of classified information.In order to highlight the scale of cyber-crime globally, the Norton Cyber-crime Report 2011 revealed 431 million adults in 24 countries had been victims’ of cyber-crime in that year. Computer based crime is escalating at an alarming rate. In the report Norton calculated the financial cost of global cyber-crime at $388 billion. This is more than the combined international market for marijuana, heroin and cocaine, estimated at $288 billion. Assuming its current growth rate continues, cyber-crime will soon surpass the entire global drug trafficking market that is estimated to be worth $411 billion annually.Cyber-crimes have expanded to include activities that cross international borders and can now be considered a global epidemic. The international legal system ensures cyber criminals are held accountable through the International Criminal Court. Law enforcement agencies are faced with unique challenges and the anonymity of the Internet only complicates the issues. There are problems with gathering evidence, cross-jurisdictional issues and miscommunication related to reporting.It is widely known that victims of Internet crimes are often reluctant to report an offence to authorities. In some cases the individual or organization may not even be aware a crime has been committed. Even though facilities for reporting incidents of cyber-crime have improved in recent years many victims remain reluctant due essentially to embarrassment.International cooperation is essential if an effective response is to be found against global cyber-crime. No nation can expect to effectively combat the issue alone. Many computer based crimes are initiated ‘off-shore’ and this presents enormous challenges to any nations law enforcement agencies. It is critical that agencies from around the world formulate actionable plans to detect, follow, arrest and prosecute cyber criminals.For example, in the past two years Australia has adopted the National Criminal Intelligence Fusion Capability, a key element of the Commonwealth Organized Crime Strategic Framework (COCSF). This body brings together expertise, data and technology across a range of government and law enforcement agencies and enables international collaboration.The problem of cyber-crime seems almost immeasurable in size. Looking at recent trends and advances in mobile technology and cloud computing we realize it is an ever-evolving and rapidly changing dynamic. There is growing evidence globally of newly formed partnerships between government and industry aimed at prevention. These partnerships create opportunities to share information and bolster law enforcement response to organized Internet-based crime.This sharing of information creates concerns in its self. It is an extremely complex and sensitive issue. A balance must be found in efficiently maximizing distribution of information and protecting it from the organized cyber-criminal element.Cyber-crime covers such a broad scope of criminal enterprise. The examples mentioned above are only a few of the thousands of variants of illegal activities commonly classed as cyber-crimes. Computers and the Internet have improved our lives in many ways, unfortunately criminals now make use of these technologies to the detriment of society.[1] Halder, D., & Jaishankar, K. (2011) Cyber crime and the Victimization of Women: Laws, Rights and Regulations. Hershey PA, USA: IGI Global. ISBN: 978-1-60960-830-9

The Current State of CyberWar in the World – Cyber Law

Drama. Drama is the touchstone for reporting. We have to look well around this particular stone in order to catch a realistic impression of the virtual. We have to look around it even to understand what CyberWar is or how it is defined.When talking about cyberwar, hyperbole & metaphor are the rule rather than the exception. Cyberthis, cyberthat – you may have noticed that the virtual world is inhabited by nouns and verbs taken from the material world, and that images of cyberthings in the news tend to have dramatic pictures of physical things rather than the electrons that make up the cyberworld. Images of coins inhabit stories of purely virtual cryptocurrency, such as BitCoin. Perhaps Physics journals, where readers actually are interested in the electrons and the math of the cyberrealm, are the exception to this rule.But when we read stories of cyberwar, we see pictures of soldiers, firearms and materiel accompanying the story. When we read of the people sitting at desks and computers to figure out how to hack and not be hacked, we call them CyberWarriors and pictures of men in flak jackets and helmets accompany these stories. I wonder what CyberItem will be accompanied by pictures of tanks and bombers.Aside from the dramatic illustrations and photos, what is CyberWar? In 2010, Richard Clarke, former Special Advisor to the President on cybersecurity defined cyberwarfare as “actions by a nation-state to penetrate another nation’s computers or networks for the purposes of causing damage or disruption.” The salient point being that a nation-state must be identified as the offender. If this is true, then we have apparently been already involved in years-long cyberwars, with attacks both from and to/on China, Russia, the USA, Israel, Georgia, Ukraine, the Koreas, Syria, Iran, Estonia and more. And though countries always deny it, there have been clear indicators, tantamount to proof, that these countries have set their digital attackers on one another’s networks, computers, and data. Damage to said networks, computers, and data has ensued.So certainly, there have been cyberattacks on and by states. But is it CyberWar? Dr. Thomas Rid, Professor of Security Studies at King’s College says that there is no Cyberwar. He tends to define cyberwar in terms of physical infrastructure catastrophes – scenarios where water stops “flowing, the lights go out, trains derail, banks lose our financial records, the roads descend into chaos, elevators fail, and planes fall from the sky.” And he says it not going to happen. In fact, he has a 2013 book named, “Cyber War Will Not Take Place.”.Others are not so sanguine about the subject and possibilities. In the United States, amidst falling government spending in most areas, the Cyber Command budget is skyrocketing. It has nearly doubled year-over-year: $118 Million in 2012, $212 Million in 2013 and $447 million in 2014. That buys a lot of electrons, a lot of code, and a lot of cyberwarriors (sans flak jackets). These increases are leading to similar, albeit not as dramatic inflation of cyberbudgets in other countries.With all the cybertools at hand and those being created, won’t someone be tempted to use them? Is CyberWar inevitable, or is there a way out? It’s a question that ethicists are taking seriously. Big thinkers like Patrick Lin, Fritz Alhoff and Neil C. Rowe have coauthored several articles, such as Is It Possible to Wage a Just Cyber War? and War 2.0: Cyberweapons and Ethics to explore alternatives. There exist laws of (conventional) war and there must exist similar guidelines for cyberconflicts. Yesterday is not too soon to begin looking seriously at these issues.When we try to answer the phrase that is the title of this article, it must needs be all over the map, because the definition of cyberwar is, like this article, all over the map. It is actually and literally all over the globe. The definition of cyberwar differs from country to country and from organization to organization. An article entitled (full metaphors flying), The Wild West of Cyberwarfare attempts to seriously denote such differing ideas on the subject, its title notwithstanding. Its discussion is useful, but its conclusion is necessarily amorphous.The 302-page Tallinn Manual is the result of a three-year study by experts on the subject that attempts to set such definitions. It can be read for free. But the conclusions reached herein are not adhered to by all potential parties to cyberconflicts.Well then, what is the best answer we can give to the state of CyberWar in the world? Cyberattacks are rife, worldwide. They are carried on by multiple state actors and by stateless ones. They are carried on by state actors who pass the blame off on other states and on stateless actors over whom they claim to have no control or input, but who are nevertheless politically aligned. They are carried on by hacktivists, who seek political change through disabling or defacing sites, networks, and information. They are carried on by those with a pure profit motive. And they are carried on by ne’er-do-wells who just find joy in minor mayhem.All such attacks are increasing, although the great majority remain relatively unsophisticated acts such as Distributed Denial of Service (DDoS). However, there is little evidence that much in the way of physical infrastructure is affected. There is little evidence that people are being physically harmed through such attacks. It is unknown whether such events will actually come to pass.Dr. Rid says they won’t. Drs. Lin, Alhoff and Rowe are pointing the way to avoiding such harm. Richard Clarke and former Secretary of Defense, Leon Panetta, say it’s inevitable and we must prepare – to the tune of hundreds of millions of dollars.Albert Einstein famously said, “You cannot simultaneously prevent and prepare for war.” Let us hope that in the case of Cyber war, he was incorrect.

Who Are Business Lawyers? – Cyber Law

When you do business you do not earn money whereas you generate money. You are responsible for the earnings of many people in a way you provide for the bread and butter of many houses. When you take responsibility for so many people you need to be linear with respect to rules and regulations. In fact you need to be adept at so many things only then can you sail smoothly.You need to be a juggler who can juggle two or three skills at a time. You need to know the tax, law, sales, marketing, purchasing, inventory etc. For all this you need to know the law. You need to be bound to law and be adept at it. Business lawyer if you appoint then he can ease much of your load and give you some relief. Business lawyer is a very broad term though.Legality is the back bone of any business. You need to take care of many aspects as a legal advisor. Let us see some of them in short1) Property acquisition–first and foremost the business property whether bought or rented must be legally viable. The appropriate documents are made by the business lawyer.2) Legal documentation-the business certification required for its running is bone by the business lawyers.3) Patent-if you require taking a patent for your product then business lawyer advices you the legal proceedings.4) International standardization certificate-lawyers help you in getting the standardization certificates.5) Contracts-job conditions and contracts between the employers and employees are done by business lawyers. Breach of contract is dealt with by them.6) Partnership deals-again chalked out by the lawyers. The clauses of partnership chalked out by them.7) HR(human resource)-rules and regulations between the employees. Rules for internal smooth working. Conditions if there is a breach in understanding.8) Authentication of the project. if any new projects are taken up by the company.9) Bankruptcy laws-these are chalked out initially itself for both company and the bankers. Clauses of understanding are drawn.10) Blue law-this law is especially observed in US and Canada to take into account religious aspects in work like holidays on Sundays and Christmas etc. If unavoidable then compensation in what form is chalked out.11) Cyber law–new law that is gaining importance. This ensures the security and privacy options of cyber sites. Also deals with the ethical and unethical hacking.12) Duress-deals with any act of injustice or compulsions from both sides employee and employer.13) Corporate law-clauses of corporate working and their requirements and fulfillment are taken care of.14) Lien-security offered by company in exchange for some services or utilities and the terms and conditions of it.15) Retirement laws-benefits a person gets on retirement, age, planning for retirement are all taken care of.It is not easy running a business. However small it is always an empire because you are the sole master who runs the show.