Premium Essay

Criminal Law and Cyber Crime

In: Business and Management

Submitted By jmoose
Words 2272
Pages 10
* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty Offenses * Minor violations considered to be a subset of misdemeanors, for example jaywalking * Section 2: Criminal Liability * Two elements normally must exist simultaneously for a person to be convicted of a crime: 1. The performance of a prohibited act 2. A specified state of mind, or intent, on the part of the actor *…...

Similar Documents

Free Essay

Cyber Crime

...What is Cyber Crime? The has been a remarkable increase in the use of technology in the past decades whether it is computers, mobile phones, iPods, iPads or computer games in both the personal and business sector. There has been significant change in all aspects of society, and new opportunities had risen in every field whether it is entertainment, business, sports, education, health, banking, telephones, air traffic control, electric power, and the stock exchange. The improvements in these industries are huge and now depend on information technology for their operation. This rapid increase and change in technology advance has confirmed that the twenty first century was the new information age. This extraordinary growth, as well as the increase in the capacity and accessibility of computers has brought about innovative changes within crime. Crime refers to breaking or violating the law or the command of an act which is forbidden by law. Countries across the world have different strategies practices when dealing with crime and this is contingent on the extent and nature of crime. According to Wikipidia.com the new type of crime known as cybercrime or computer crimes involves the use of network and a computer as either a tool or a targeted victim. Moreover, Joseph A E, (2006) explains cybercrime as crime committed on the internet using a computer as either a tool or a targeted victim. The computer is considered a target when the crime is intended directly to the computer.......

Words: 701 - Pages: 3

Free Essay

Cyber Crime

... Cyber crimes and effectiveness of laws in India to control them Under the Supervision of Dr. P.K. Rai Birendra Singh (M.Phil(CS)) Department of Computer Science APSU Rewa ABSTRACT:- India owes a lot to the exponential growth of the Information Technology service Industry over the last 15 years. Though India got its first codified Act in the Information Technology Act (“IT Act), in the year 2000, the IT Industry and in fact all businesses with cross-border obligations have been left crying themselves hoarse for more! The Indian Legislature has now passed a mish –mash legislation in December 2008, which clearly demonstrates the appeasement policy adapted to meet the various and in some instances divergent interests of the Industry and the Government. The scope of this paper is to highlight some important provisions of the cyber criminal laws in India relating to data protection, privacy, encryption and other cyber crimes and the extent to which the said provisions arm the enforcement authorities to combat not just existing but emerging trends in Cyber Crime. INTRODUCTION:- The general laws in India were drafted and enacted in the 19th century. Whilst each of the general laws have undergone modifications and amendments, the broad and underlying provisions have withstood the test of time, including unimaginable advancements in technology, which speaks to the dynamism of the General laws. The general laws referred to in this Article are the Indian Penal Code, 1860 (“IPC”),...

Words: 2370 - Pages: 10

Premium Essay

Cyber Crime Law

...content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows: (a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. (b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program. (c)......

Words: 4460 - Pages: 18

Free Essay

Cyber Crime

...Title: Student: Professor: Course Title: Date: Topic: Information Law Cyber crime involves criminal activities conducted using the internet and both the computer together with the individual behind it are victims. The Australian Institute of Criminology (2011) finds cyber crime to include fraud, hacking, money laundering and theft, cyber stalking, cyber bullying, child sexual exploitation, child grooming and identity theft. The crimes mostly go unreported making it hard to quantify (Australian Institute of Criminology, 2011). However, the most common cyber crime incidents remain malware code and virus attacks that corrupt software. The Australian Cyber crime Act which was assented in 2001 and commenced on 2 April 2002 added new offences streamlined to check on those kinds of cyber crime that impair the security, integrity and reliability of computer data and electronic communications. They are; a) Unauthorized access, modification or impairment with intent to commit a serious offence, b) Unauthorized modification of data where the person is reckless as to whether the modification will impair data, c) Unauthorized impairment of electronic communications. There is a maximum penalty for these offences. Investigation powers relating to search and seizure of electronically stored data have been increased (Find Law Australia, 2012). Culprits of cybercrime can ignore the realms of Australian jurisdiction and launch an attack from anywhere in the world or even design attacks that......

Words: 1001 - Pages: 5

Premium Essay

Criminal Law and Cyber Crime

...Criminal Law and Cyber Crimes Sara Bakerink Kaplan University LS311-03RP1 In law there can be different classifications of the same crime, theft for example. The classifications vary state to state as the section code is based on the state. For example in Iowa we do not have a state section code for Larceny. Robbery can be found under 711.1 and burglary can be found under 713.1. However, in other states larceny is listed in the state section code. For this assignment in Unit 3 there are three situations that involve Makoto's laptop computer being stolen. How the theft occurs is the factor that determines the type of crime that is committed. The classifications of theft crimes are larceny, robbery, or burglary. In situation one Sarah sees a laptop unattended on a porch and steals it. Sarah proceeds to show everyone the laptop calling it her own. This type of theft is known as larceny which is a property crime. Larceny is "the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession." (Miller & Jentz, 2008, p.128) "Note that a person who commits larceny generally can also be sued under tort law because the act of taking possession of another's property involves a trespass to personal property." (Miller & Jentz, 2008, p.128) In situation two Sarah sees Makoto outside with a laptop computer. Sarah holds Makoto at gunpoint and steals Makoto's......

Words: 498 - Pages: 2

Premium Essay

Cyber Crime

...CYBER CRIME Crimes refer to any violation of law or the commission of an act forbidden by law. Definition: cybercrime can be defined as crimes committed on the internet using the computer as either a tool or a targeted victim According to Wikipidia.com cybercrime also known as computer crime that refers to any crime that involves a computer and a network Cybercrime includes any criminal act dealing with computers and networks (called hacking). Additionally, cybercrime also includes traditional crimes conducted through the Internet. For example; hate crimes, telemarketing and Internet fraud, identity theft, and credit card account thefts are considered to be cybercrimes when the illegal activities are committed through the use of a computer and the Internet. Definition: cybercrime can be defined as crimes committed on the internet using the computer as either a tool or a targeted victim Computer can be considers as a tool in cybercrime when the individual is the main target of cybercrime. But computer can be considers as target when the crime is directed to the computer. In addition, cybercrime also includes traditional crimes that been conducted with the access of Internet. For example hate crimes, telemarketing Internet fraud, identity theft, and credit card account thefts. In simple word, cybercrime can be defined as any violence action that been conducted by using computer or other devices with the access of internet. This action can give harmful effects to......

Words: 671 - Pages: 3

Free Essay

Cyber Crime

...internet is cyber crime. which is an illegal activity that committed on the internet and this includes email espionage, credit card fraud, spam’s, software piracy download illegal music, steal money from online bank account and so on .It also includes non monetary offenses such as creating and distributing viruses on other computers and posting confidential business information on the internet. Basically cyber crime can be divided into three major categories such as cyber crime against person, cyber crime against property and cyber crime against government. Cyber crime against person includes various crimes like transmission of child pornography, indecent exposure, harassment of any one with the use of email or websites where the asked to enter password, phone number, address, credit card number, bank account number and other information that are needed to steal another parson's identity .furthermore, these type of harassment can be sexual, racial, religious, on gender, nationality or other. These often occur in chat rooms, through news groups and by sending hate emails to interested parties. And badly affect to the younger generation which sometimes leave irreparable injury if not properly controlled. The second category of cyber crime committed against all forms of property including computer vandalism which distraction of others property, transmission of harmful program, stole the technical data base from other person's computer with the help of a corporate cyber......

Words: 540 - Pages: 3

Premium Essay

Cyber Crime

...Cyber Crime Erika Moore CRJU 5500-02F What is cybercrime and how can someone get caught in participating in a cybercrime? Cybercrime any kind of crime committed via the internet or on a computer network.  Cybercrime can be anything from hate crimes, telemarketing and Internet fraud, identity theft, to credit card account thefts. All are considered to be cybercrimes when the illegal activities are committed through the use of a computer and the Internet. How bad could cybercrime really be? “Cybercrime is a type of crime that not only destroys the security system of a country but also its financial system.” (Real Cost of Cyber Crime) Cybercrime is the type of crime that is hard to trace, but once traceable it then opens a whole can of worms. Once our government finds out about cybercrimes usually they find more than what they were looking for to begin with. In the past there have been some cybercrime laws that were insufficient but the law enforcement agencies and government have proposed many plans to help fight cybercrime. Once a cybercrime has been committed and traced back to the hacker punishment is required. “Cybercrime must be dealt with very seriously because it causes a lot of damage to businesses and the actual punishment should depend on the type of fraud used. The penalty for illegally accessing a computer system ranges from 6 months to 5 years. The penalty for the unofficial modification on a computer ranges from 5 to 10 years.”(Real Cost of Cyber......

Words: 3822 - Pages: 16

Free Essay

Cyber Crime

...CYBER CRIME Presented by : GROUP 3 CONTENT • • • • • • • • • • Introduction History of cyber crime Definition Categories of cyber crime Types of cyber crime Cybercrime statistics Cyber Threat Evolution Cyber crime in Philippines Safety tips Conclusion WHAT DO YOU KNOW? INTRODUCTION • Cybercrime is a term used broadly to describe activity in which computers or networks are a tool, a target, or a place of criminal activity. INTRODUCTION • Examples of cybercrime in which the computer or network is a TOOL of the criminal activity - Spamming and - Criminal copyright crimes, particularly those facilitated through peer-to-peer networks. INTRODUCTION • Examples of cybercrime in which the computer or network is a TARGET of criminal activity • - Unauthorized access (i.e, defeating access controls), • - malicious code, and denial-of-service attacks. INTRODUCTION • Examples of cybercrime in which the computer or network is a PLACE of criminal activity - theft of service (in particular, telecom fraud) and - certain financial frauds. BRIEF HISTORY • The first recorded cyber crime took place in the year 1820. That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. DEFINITION • Cyber Crime is a Crime committed using a computer and the internet to steal a person’s identity or illegal imports or malicious programs. Cybercrime is nothing but where the......

Words: 1366 - Pages: 6

Premium Essay

Cyber Crimes

...Cyber Crimes Cyber crimes are on some of the hardest crimes for the police to stop and catch the perpetrators because they can commit a crime in one state or country and physically be in another state or country. While the invention of the Internet has had great affects on the growth of technology, it has also given criminals an extremely large place to hide in and the laws are still trying to catch up with the growth of technology. The different technology crimes that occur fall into one of the three following categories: cyber piracy, cyber trespass, and cyber vandalism, and like the original crimes of piracy, trespass, and vandalism these crimes are similar except they happen in digital form. Three Categories of Cybercrime There are three categories of cybercrimes that can cause a lot of trouble for any individual or organization who becomes a victim of these crimes. Cyber piracy, trespass, and vandalism in some ways are similar because they all involve taking advantage of individual people or organizations by stealing personal information through digital techniques. 1. Cyber piracy Cyber piracy has two definitions; the first definition is when a person uses cyber technology unlawfully to produce copies of proprietary information. While the second definition is when a person uses cyber technology to distribute proprietary information, while it is in digital form, across networks. 2. Cyber trespass Cyber trespass has two definitions as well. The first......

Words: 819 - Pages: 4

Free Essay

Cyber Crimes

...The internet has changed how organizations conduct business. Within moments information exchange occurs and a profit is made. It has changed how crimes are investigated and solved by law enforcement agencies. Unfortunately, it has also changed how criminals conduct their crimes- through cyberspace. President Obama, Sony executives, Target organization and many of its’ customers have all been victims of some form of cyber crimes. This writer will provide a brief overview of the six types of cybercrimes and the economic loss as it affects America’s businesses. TYPES OF CYBER CRIME The growth and availability of technology has resulted in cyber attacks becoming a major concern for governments worldwide (Dzielinski, 2014). Small companies along with the larger corporations are now being targeted. A recent survey reported that more than one-third of small companies have been victims of some form of cyber attacks (Dzielinski, 2014). Approximately 75 percent of these companies were unable to recover their stolen data. The Central Intelligence Agency (CIA) has classified cyber crimes into six categories; fraud, computer trespassing, hardware hijacking, bullying-harassment-stalking, spam, and cyber warfare. Financial fraud is considered to be the most common of the six cyber attacks. The Target Corporation, the third largest U.S. retailer, and its customers were affected in 2013 (Target Corporation, 2013). Despite in place security measures, Target failed to detect...

Words: 1600 - Pages: 7

Premium Essay

Cyber Crime

...WHAT IS CYBER CRIME? Crime is a common word that we always heard in this globalization era. Crimes refer to any violation of law or the commission of an act forbidden by law. Crime and criminality have been associated with man since long time ago. There are different strategies practices by different countries to contend with crime. It is depending on their extent and nature. It can be concluded that a nation with high index of crime cases cannot grow or develop well. This is because crime is the direct opposite of development. It can contribute to negative impact in term of social and economic development. Cyber crime is a new type of crime that occurs in this Science and Technology years. There are a lot of definitions for cyber crime. According to Wikipidia.com cyber crime also known as computer crime that refers to any crime that involves a computer and a network. Cyber crime is defined as crimes committed on the internet using the computer as either a tool or a targeted victim. Besides that cyber crime can be defined as crimes committed on the internet using the computer as either a tool or a targeted victim (Joseph A E, 2006). Computer can be considers as a tool in cyber crime when the individual is the main target of cyber crime. But computer can be considers as target when the crime is directed to the computer. In addition, cyber crime also includes traditional crimes that been conducted with the access of Internet. For example hate crimes, telemarketing Internet......

Words: 1433 - Pages: 6

Premium Essay

Cyber Crime

...ABSTRACT .....................................................................................................3 2. INTRODUCTION...........................................................................................4 3. A REVIEW OF CYBERCRIME ...................................................................6 3.1 Cybercrime Legislation ............................................................................7 3.1.1 Federal Laws .................................................................................7 3.1.2 State Laws ......................................................................................9 3.2 Cybercrime Law Enforcement Agencies ................................................11 3.3 Classifying Cybercrime ............................................................................16 3.4 National Levels of Cybercrime ................................................................19 3.4.1 Business Cyber Victimization ......................................................20 3.4.2 Individual Cyber Victimization ...................................................22 4. A REVIEW OF THEORIES..........................................................................26 4.1 Self-control Theory ...................................................................................27 4.2 Routine Activity Theory ...........................................................................33 5. AREAS FOR FUTURE RESEARCH......

Words: 13816 - Pages: 56

Premium Essay

Cyber Crime

...cyber crime Michelle Robinson Professor Renee Berry Crime and Criminal Behavior April 15, 2016 | | cyber crime Michelle Robinson Professor Renee Berry Crime and Criminal Behavior April 15, 2016 | | One of the newest areas of crime is what we call computer crime. The, anonymity of computer technologies may actually encourage some people who would not otherwise be tempted to commit crimes to do so using the Internet. They may simply believe that they will never be caught, or they may not think about being caught at all. They may simply find the lure of committing virtual crimes too psychologically appealing to resist. Many of those who commit crimes on the Internet are in fact psychologically disturbed and need compassionate treatment by psychiatric professionals. However, this does not lessen the real harm that they can do to people and they must be stopped. Combating the global computer crime pandemic is becoming an increasingly urgent issue, as identity theft and spyware are occurring with alarming frequency. Early instances of computer crime found individuals, corporations and law enforcement......

Words: 872 - Pages: 4

Premium Essay

Cyber Crime

............................................................................................. 2 3.1. Cyber Crime ................................................................................................................................. 2 3.2. Cyber security ............................................................................................................................... 3 4. Key Findings / Discussion of your research topic ............................................................................ 3 4.1. The major risks of cyber security ................................................................................................. 3 4.1.1. To consumers ........................................................................................................................ 3 4.1.2. To businesses........................................................................................................................ 4 4.1.3. IT organisations ..................................................................................................................... 4 4.1.4. Telecommunication companies ............................................................................................. 5 4.1.5. Government ........................................................................................................................... 5 4.2. The origin of cyber security ............................................................................................

Words: 3380 - Pages: 14

[ Zobacz cały opis... ] | Lightning Digital AV Adapter Lightning to HDMI Cable for Apple iPad iPhone 8 7 6 | Long Sleeve Hooded Padded Coats