Category: CyberCrime

Introduction

The Cybercrime Prevention Act of the Philippines (RA 10175) is a highly controversial law that has a significant number of counterarguments. It was signed by the president in 2012 to guarantee a reliable legal environment for foreign businessmen and the protection of their data against being sold or stolen (Disini, 2012). The Act defines certain cybercrimes, increases penalties for committed and attempted cybercrimes, implicates punishment for all criminal participants and expands the Philippines’ jurisdiction (Disini, 2012).

However, the Act receives substantial negative feedback from civil society; community leaders, journalists, and bloggers oppose the Act as it violates the norms of democracy (“We stand against the Cybercrime Prevention Act of 2012”, 2012). One of the most essential arguments against the RA 10175 is the statement that the Act introduces a severe punishment for libel.

Claim’s Evidence

Public protests against the Cybercrime Prevention Act are based on the statutory provision concerning the penalties for libel. According to this enactment, libel committed online is punishable by imprisonment for a term of twelve years (Guingona III, 2012). Despite the fact that this evidence is valid and secured by the law, the claim against this provision has several substantial logical reasons. First of all, the law does not give a distinct definition of libel crime and a person who may be accused (Guingona III, 2012). Theoretically, any person who post critical opinion against politicians, singers, actors, and other people, comment on the criticism, share it, or have a site and open it for other people to express their opinions is liable.

Another logical argument of the claim against the Act is its unfairness and oppressiveness. This law deemphasizes technologies and underlines the importance of cyber libel as the punishment for libel in traditional media is less severe in comparison with the defamation on the Internet (Guingona III, 2012). The libel through print media leads to only a four-year imprisonment period (Guingona III, 2012).

Moreover, people who want to exercise “their constitutional freedom of speech and expression” maybe unjustifiably charged with libel under both the Cybercrime Prevention Act and the Revised Penal Code (Guingona III, 2012, para. 13). These provisions of the Act that does not have any limitations against liability lead to the violation of the fundamental principles of democratic government (“Petition for Certiorari and Prohibition,” 2012). People are afraid to express their ideas and opinions online when they know they may be accused of libel.

Claim’s Counterarguments

The president of the Philippines, Benigno Aquino III, defends the Cybercrime Prevention Act, in general, and its controversial provision concerning online libel, in particular. According to him, every person should be responsible for his or her opinion if it is libelous, and victims of libel should be protected (“Aquino defends cybercrime law,” 2012). He denies the statement that the Act leads to the violation of civil rights, and persuades that the freedom of speech is not limited. His counterargument is reasonable in the case when a person lies intentionally, and this libel may negatively influence another person’s reputation. However, people should not be accused of expressing of their opinion, even if it is critical.

Conclusion

The statutory provision of the Philippines Cybercrime Prevention Act concerning the penalties for libel potentially limits the freedom of speech, that is why the claim against this law is reasonable. Cyber malefactions and deliberate online libel should be reduced and punished, though it is highly essential to differentiate between intentional deception and a critical opinion that is based not on authoritative information but its author’s perception.

References

Aquino defends cybercrime law. (2013). Rappler. Web.

Disini, J. J. (2012). Cybercrime Act: Features and issues. Philippine Daily Inquirer. Web.

Guingona III, T. (2012). Cybercrime law: Demonizing technology. Rappler. Web.

Petition for certiorari and prohibition on republic act 10175 Cybercrime Prevention Act of 2012. Filed by Atty JJ Disini & citizens. (2012). Scribd. Web.

We stand against the Cybercrime Prevention Act of 2012. (2012). Rappler. Web.

Cybercrime has multiple similarities and differences from traditional crime. Firstly, there are generally the same motivations for committing crimes and performing violations. People choose to get involved in criminal activity due to the desire for financial and material goods, forbidden sexual interests and perversions, or even harassment. Although despite all the resemblances, cybercrimes differ from the real ones in a way that sometimes is harder to detect, and it gives more freedom for people to commit them. For instance, on the Internet, it is much easier to bully and harass people with impunity due to the distance that separates the offender and victim (Lowry et al., 2016). It is crucial to add that there is a possibility of staying anonymous and not revealing the true identity so that it is possible to avoid direct exposure. Thus, this paper aims to compare and contrast different theories connected with cybercrimes and identify the hypotheses with the main reasons for committing an offense.

The first theory is built around the subcultures, the groups with their specific features and norms. While it may be harmless and serve to unite people with similar interests or life perceptions, subcultures can also unite those with unacceptable preferences in general society (Holt et al., 2017). Since the Internet provides some sort of anonymity, people can find each other and have conversations about their subjects of interest in a safe environment without being afraid of judgment.

It is connected with the social learning theory because the members of a certain subgroup are affected by the common molars and outlooks characterized specifically for this circle. Often, it brings together individuals with deviant sexual preferences and desires, so they can exchange their thoughts and even materials to find satisfaction in the webspace (Holt et al., 2017). Thus, the subcultures and the social learning theory have the same behavioral patterns based on observing other people’s actions online.

There is Agnew’s General Strain Theory, which also has some foundations for cybercrimes. The theory implies that when a person fails to achieve financial success or avoids losses and adequate risks, they are more likely to be engaged in criminal behavior (Holt et al., 2017). The frustration the individual feels when they fail to accomplish something can stimulate them to find new ways of achieving it and stimulates them to take illegal actions.

In addition, Deterrence theory has several main principles about criminology and why people commit crimes. The hypothesis comes from the classical school of criminology that, in the first place, views the individual as a rational creature with free will and the ability to make decisions (Holt et al., 2017). Since the person consciously decided to commit a crime knowing that it will have negative consequences for someone and for themselves in the first place if they are caught. Moreover, when no one pushes them to perform a violation, it demonstrates that the individual chose the easiest way.

Therefore, without considering certain exceptions and mental illnesses, those who committed the crime were perfectly aware of its illegibility and the possible outcomes. It aligns with the example of digital pirates who know that they will take no responsibility for their actions, and they are more stimulated to pirate games, films, series, and many more (Holt et al., 2017). Deterrence theory has several similarities with Agnew’s General Strain Theory, and in some way, they complement each other. Since the person has committed a crime, even if they may feel like it was necessary and their only chance to get what they want, they acted according to their free will and purposely made a choice.

Techniques of neutralization aim to identify how personal morals and perceptions influence the decision of whether to commit a crime or not. For example, the student may have conformal beliefs and respect the law but download pirated music and books without considering it a criminal act. Moreover, many people seem to be perceived cybercrime differently and find reasons why it has nothing to do with criminality (Holt et al., 2017). It resembles Agnew’s General Strain Theory because people have justifications for their actions in both cases. In the first case, individuals might not see anything wrong with it. In the other case, they might claim that they barely had any other choice.

However, neutralization and Deterrence theory techniques seem to be the main reasons offenders commit crimes on the Internet. The crucial fact is that there is a lack of physical interactions since it is happening online, which gives the feeling of action insignificance. That is why some people can genuinely believe that pirating materials is not an actual crime or that watching and sharing child pornography is improper because it can be done safely without external judgment.

In conclusion, different cybercrimes can be easier to perform due to the possibility of staying anonymous and the distance separating the victims and the offenders. Therefore, the individuals may bully people, spread viruses, and exchange illegal materials with a minimized feeling of danger and impunity. The subculture and social learning theory imply that online behavior can be influenced by watching other people from the same community or group, which can be a foundation for criminal actions. Deterrence and the techniques of neutralization seem to contain the most explanation of why people commit cybercrime. Agnew’s General Strain Theory compliments them in a way that offenders act out of their free will and choice to get something the easier way and gain more pleasure out of it.

References

Holt, T. J., Bossler, A. M., & Seigfried-Spellar, K. C. (2017). Cybercrime and digital forensics: An introduction. Routledge.

Lowry, P. B., Zhang, J., Wang, C., & Siponen, M. (2016). Why do adults engage in cyberbullying on social media? Integration of online disinhibition and deindividuation effects with the social structure and social learning model. Information Systems Research, 27(4), 962-986.

Computer crime is also referred to as cybercrime. Perpetrators of these crimes, use technology to gain unauthorized access to computer systems (Franklin 2006). Over the past few years, computer-related crimes have been rising steadily. Various factors are believed to be behind the rise in cybercrimes. The following are some of the reasons behind the rise in cybercrime.

Confidential information

Companies, organizations, banks, and governments have been storing very confidential documents online. This has led to the rise in cybercrime rates (Reyes 2007). People will try hacking into websites by manipulating firewalls. They can then, be able to access important information concerning these organizations.

Lack of enough evidence

Police have been unable to get proper evidence on crimes committed online. Cybercriminals employ various methods to cover up their tracks. Evidence collected by the police is never enough to convict cybercriminals (Wall 2007). These criminals are, therefore, more comfortable knowing that they can never be convicted.

Negligence

Some people are generally careless. It is important to protect stored data (Clough 2010). By protecting data, criminals will find it hard to access the information stored in computer systems. Some people also save passwords on their computers. These acts of negligence have dire consequences.

Easy accessibility to victims

The number of people accessing the internet has been on the rise. This has enabled these criminals to target more people without being present physically. The police will find it hard to conduct investigations and gather enough evidence to arrest these criminals (Reyes 2007).

There are several types of computer crimes. These crimes include;

Hacking

Hacking can be described as the process of gaining unauthorized access to a computer system. The main aim of hacking is to gain unauthorized access to information. This is illegal in most countries. Cybercriminals usually commit these crimes by hiding their I.P addresses. Others will try to reveal passwords to gain access to those sites that are password protected.

Virus dissemination

These are software designed by malicious people to cause damage to computer systems. The user is most cases may not be aware of the presence of a virus in the computer system. They are mostly meant to destroy information on computers. These programs can crash computer systems, in the process destroying crucial data. Viruses can be spread through the internet and by the use of removable devices (Clough 2010). These include flash disks, compact disks, and USB drives.

Identity theft

This is a serious computer crime. Computer criminals, through the use of fake identities, steal money and gain access to crucial information. Some of the crimes committed using fake identities include terrorism, financial theft, blackmail, and identity cloning.

Governments have come up with highly qualified teams dedicated to fighting cybercrimes. Governments spend a lot of money on training personnel who work in these teams. Software engineers are some of the highly qualified personnel forming these teams and mainly deal with analyzing computer crimes (Yar 2006). Governments have also come up with various ways through which the public can report cybercrimes. Tough penalties have been introduced to help curb this menace. These steps taken by governments will help track down offenders of the crimes described above. Public awareness is also important. The government has initiated public awareness campaigns to sensitize the public on this issue.

References

Clough, J. (2010). Principles of cybercrime. Cambridge, UK: Cambridge University Press.

Franklin, C. J. (2006). The investigator’s guide to computer crime. Springfield, Ill.: Charles C. Thomas.

Reyes, A. (2007). Cyber crime investigations bridging the gaps between security professionals, law enforcement, and prosecutors. Rockland, MA: Syngress Pub..

Wall, D. (2007). Cybercrime: the transformation of crime in the information age. Cambridge: Polity.

Yar, M. (2006). Cybercrime and society: rime and punishment in the information age. London: SAGE Publications.

Mobile Devices

Many organizations can access high-tech mobile devices today. This has improved the way they use internet in their operations. However, this has increased their vulnerability to internet crime. Mobile technology has enabled many organizations to carry out their activities via the devices.

The mobile content in many cases has led to loss of privacy and integrity for many organizations. In addition, organizations’ data and important information have leaked to the public. In order to be safe from these threats, the organizations should avoid installing new applications to their phones without verifying their legitimacy.

Many of these applications in the market are designed by scammers with intention of corrupting the highly secured phones. Moreover, the organizations should use mobile phones that are secured. iPhones are among the recommended mobile phones. This is because the risk can be mitigated.

Toolkits and Why They Should Concern Organizations

Toolkit is a means or channel through which cybercrime is committed. Cybercriminals use toolkits in different scenarios including malware attacks. In this case they infect search engines. Toolkits also help the cybercriminals by automating the processes such as web page creation. Examples of toolkits include XRumer, ZeuS and uMaxSoft Doorway Generator.

Toolkit should be of concern to organizations because they can be used to produce keywords for sites. This poses a risk to the organizations whose data can be found on their sites. Toolkits are also used to spread spam. For example it has been used to spread it through twitter. Organizations should protect themselves by using the latest updates on their software.

Avoiding providing information without verifying the source of request is another way to protect an organization from scams. In addition the organizations should be on the look out to avoid responding to insecure emails, installing corrupted software and other malicious activities.

Recently Reported Phishing Trends

Figure 1:

Phishing scams continue to take different dimensions. Web attacks increased in the year 2010 and 2011. Mobile phishing is also increasing with advancement in technology. Loss of finances through credit card has also been reported. This is because people are tricked into providing personal information that lead to loss of their money.

Recognizing Phishing Scams

• In phishing email the greeting line is generic while in legitimate email, it is personalized.
• Tone can also be used. That is, they ask you to follow their instructions urgently failure to which you will be responsible for the consequences thereafter.
• Always check the links and the URL’s. Their links and URL use tricks such as “@” symbol near the end of the address. The preceding character which is mostly ignored by the recipient give their actual address.
• Unlike legitimate mails, phishing emails may resemble websites.
• Phishing style of writing is not always formal. It includes spelling mistakes and poor grammar. This is to avoid spam filters.
• Regular use of pop-up boxes which is not common with legitimate companies is another way of recognizing phishing scams.
• You can also recognize a phishing scam if a company is claiming that you have an account with them and in the real sense you don’t have.

Thing to Do When Victimized By a Phishing Scam

• Report the crime once you suspect that another person is using your identity without your consent. The law enforcement agency will investigate the issue.
• In case the phishing scam concerns financial account, communicate with the financial institution as soon as possible. This will enable them to block any transaction hence protecting your money.
• Keep every record of transaction or information exchanged between you and the people phishing. This can be used as evidence and can also help trace them.
• To avoid the occurrence of the same, one can change passwords or block the account and reopen new one.

Introduction

The paper provides an analysis of cyber crime and its impacts on the criminal justice system. Cyber-crime deals with criminal activities that manipulate computers and networks to cause harm to people, companies, and countries. Judges, prosecutors, and police undergo problems when dealing with these crimes. Reports show that the crime is on the rise because more people have access to computers and the internet than ever before. Within the duration of four years, people who have access to the internet grew by 40 million. In the year 2013, the number of crimes investigated was more than 63,000 (Bronner, 2014).

Analysis of the article

Cybercriminals are more interested in accessing intelligence information than stealing the actual property. Most of the hacks are inside jobs executed by companies’ employees paid by rival companies to access important data. Hackers have now turned their attention to banks to get account information rather than stealing the money. The banking industry warned that the trend would continue over the next few years, therefore new laws are required to curb the crime. It is important to understand that cybercriminals target unsecured websites and networks that are easy to hack. Only specific people are involved in the crime because the crime requires technical knowledge. The computer is the tool used for committing the crime, and it can take place at any place. China has faced the largest number of attacks than any other country, with more than 200 government websites being hacked (Bronner, 2014). Inventing the software to protect computer systems from hackers is the main challenge facing many countries.

Analysis of the impact of cyber crime on the worldwide justice system

Cyber-crime has created a major concern for governments across the world because of the increase in the number of internet users. This global challenge on the crime started after the invention of the internet. The internet enables criminals to commit crime because it connects computers all over the world. A criminal in one country can access a computer system in another country without being detected because the global computer network accelerates the crime. According to the United Nations on International cyber crimes, there is a lack of clear laws that define the role of the judiciary on issues affecting the crimes (Kshetri, 2010). When conducting investigations, challenges encountered include the diversity of computer hardware and software complexities.

Some countries lack enough resources to implement cyber-crime laws. The situation becomes difficult because countries do not want to harmonize their laws since it leads to dual criminality. More to this, working together as countries may lead to leakage of sensitive information such as financial data. The United Nation acknowledged that the lack of cyber laws is one of the challenges facing the world in this century. (Kshetri, 2010). Most countries are lagging behind in updating their technologies due to a lack of qualified personnel. The consequence of out-dated technology is that new technology has outmoded current laws, therefore restricting prosecutors and judges to fight the crimes.

Conclusion

The report analyzed cyber-crime and the impacts it has on the worldwide justice system. To solve global crime, all countries must agree to work together. They should also stop spying on one another through hacking. There is a need to increase resources to fight the crime, especially in poor countries. The judicial system needs training on the new forms of technology of fighting cyber crime. The crimes have risen because more people have access to computers and the internet than before. When conducting investigations, challenges encountered include the diversity of computer hardware and software complexities.

References

Bronner, D. (2014). Report Shows Cyber Crime is on the Rise. Web.

Kshetri, N. (2010). The Global Cyber crime Industry: Economic, Institutional and Strategic Perspectives. Berlin: Springer.

Case Study: Email Scam

Today, cybercrime is an extremely common type of criminal activity. It can be defined as any crime carried out using technology, with the computing device being the target of the attack or used as a weapon or accessory to the crime (Brush et al., 2021). An email scam and bank fraud are evident in the electronic correspondence presented by the recent victim of this type of crime. The perpetrator enticed the victim with the promise of a large sum of money, prompting them to give up their personal information. They transferred funds from the victim’s savings account upon receiving the information. The received email can be recognized as a scam due to poor grammar, lack of proof, and explanation of legal reasons why the money needs to be transferred to the victim.

Common Cybercrimes

There are many types of cybercrime that the public should be aware of. The most common crimes are business email compromise (BEC), identity theft, ransomware, spoofing, and phishing (Federal Bureau of Investigation, 2021). The BEC scam exploits the fact that many businesses conduct business online. The offender can use either spoof the company’s email address or convince the victim that money should be wired to a new address (Federal Bureau of Investigation, 2021). Identity theft includes stealing personal information or persuading the victim to share it. Meanwhile, spoofing and phishing trick individuals into voluntarily giving up sensitive data to a site they believe are trustworthy, for example, their bank (Federal Bureau of Investigation, 2021). In addition, ransomware and malware can be installed on the victims’ devices to steal personal data.

Appeal to Victims

Although many people are familiar with various types of cybercrime, some still fall victim to it. Online scammers are proficient in technology and human psychology and know how to appeal to different people. Specifically, cybercriminals have perfected two elements that help them convince victims to surrender their personal information: credibility and persuasion (Jochims, 2019). Credibility is achieved through the format of spoofing and phishing emails and texts being indiscernible from real correspondence from banks or other institutions (Jochims, 2019). Meanwhile, the persuasion element lies in knowing the easiest organizations to spoof (Jochims, 2019). Furthermore, criminals exploit people’s unawareness of cybercrime trends and general ignorance about cybersecurity/ Thus, perpetrators easily appeal to victims to share sensitive data by creating credible and persuasive tools.

Pursuing cybercrime

Cybercrime differs from other types of criminal activity and is more challenging for law enforcement to pursue. The main obstacle is the anonymity afforded to the perpetrators by technology. Users can employ anonymizers, proxy servers, and anonymity networks to hide their IP address and, consequently, physical location (United Nations Office on Drugs and Crime, 2019). Even if a digital device is located, it is difficult to attribute a crime to the owner or primary user (United Nations Office on Drugs and Crime, 2019). Furthermore, it may be challenging to identify where the crime occurred and what jurisdiction it falls in (Maillart, 2018). Nevertheless, local, state, and federal agencies in the U.S. work in conjunction. For example, the FBI heads several Cyber Task Forces operating locally (Federal Bureau of Investigation, 2019). Thus, despite the jurisdictional challenge, cybercrime is being actively pursued by law enforcement agencies.

Impact of Cybercrime

Cybercrime has a severe negative effect on individuals and businesses in the community. Thus, individuals may lose substantial amounts of personal funds or deal with their identity being exploited online and offline. Furthermore, the anonymity of the offenders leads to difficulty in apprehension and, consequently, persecution. It can also lead to the victims of cyber identity theft being unable to prove their lack of involvement in fraudulent transactions. In addition, many businesses are impacted, as security breaches lead to corporate value and trust in the company decreasing (Brush et al., 2021). Business ventures can also sustain direct costs from cyberattacks and lose revenue, leading to fewer working places being available to the community.

Strategies to Address Cybercrime

Today, every individual should be able to recognize cyber threats and react to them appropriately. The first strategy to consider is education on common types of cybercrimes and safety measures. Individuals are recommended to be careful with their personal data and remove it from major data brokers to avoid identity theft (Forbes Technology Council, 2019). The use of public Wi-Fi should also be avoided, and users should set up long, random passwords to all accounts, set up account alerts, and enable two-factor authentication (Forbes Technology Council, 2019). Users would also benefit from double-checking future transactions and refusing to share information with third parties. All individuals are advised to review what institutions require personal data and what measures are installed for its protection.

References

Brush, K., Rosencrance, L., & Cobb, M. (2021). What is cybercrime? SearchSecurity. Web.

Federal Bureau of Investigation. (2019). The way forward: Working together to tackle cybercrime. Web.

Federal Bureau of Investigation. (2021). Cybercrime. Web.

Forbes Technology Council. (2019). 14 simple strategies for consumers to avoid cybercrime. Forbes. Web.

Jochims, K. (2019). Criminal appeal and secure virtual behavior. Relock. Web.

Maillart, J. (2018). The limits of subjective territorial jurisdiction in the context of cybercrime. ERA Forum, 19(3), 375-390. Web.

United Nations Office on Drugs and Crime. (2019). Cybercrime module 5 key issues: Obstacles to cybercrime investigations. Web.