Cybercrime and Criminal Law

Introduction

• Technological changes and the introduction of new technologies often lead to changes in criminal law
• The use of telephones led to the crime of wire fraud
• The widespread use of automobiles led to the crime of felony auto theft
• The widespread use of the Internet has created new types of criminal behaviour and challenges for law enforcement

Cyberspace and Criminal Behavior

• The societal impact of the Digital Revolution is as profound as the Industrial Revolution
• Actions in cyberspace can have repercussions in the physical world
• Organisations like the Electronic Freedom Foundation challenge new criminal laws created in response to the rise of the internet

Types of Crime

• Computer crime is any crime committed using computers
• Cybercrime is a subset of computer crime that involves the internet
• A computer-related crime is any crime that uses a computer in some way, for example: child pornography is easier to spread via the internet

Problems Associated with Computer Crime

• Difficulty in law enforcement and difficulty for courts in jurisdictional matters are significant problems
• Courts may struggle to address crimes that occur across jurisdictions
• Computer crime is often perceived as less dangerous than violent crimes, leading to lower reporting rates and less focus from law enforcement agencies
• Limited resources, both financial and technical, can hinder law enforcement agencies' ability to effectively investigate crimes

The Extent of the Problem

• Crime varies by type: some crimes (like phreaking) are unique to computers while other crimes (like child pornography distribution) are facilitated by computers but are not unique to them
• Crime also varies by target: crimes can target individuals or governments

Example of a New Cybercrime: The Emergence of e-Cash

• The increasing use of electronic commerce has led to the development of new ways to pay for goods and services
• These methods are becoming increasingly popular due to their versatility and ease of use
• Electronic payment methods like prepaid cards, stored value cards, mobile payments, internet payment services and digital precious metals offer convenient and secure ways to transact online
• Prepaid cards are similar to debit cards but are not limited geographically
• Stored value cards, which are sometimes called 'electronic purses', have data stored on a computer chip
• Mobile payments can be transmitted via smartphones
• Internet payment services, like PayPal, offer a secure way to pay for goods and services
• Digital precious metals link the value of electronic payments to that of a precious metal

Conclusions

• Increasing reliance on computer-based technologies brings about both benefits and problems
• Law enforcement may find it difficult to respond to new types of crime because of the lack of resources, difficulty in responding to rapid technological change, and public perception that computer crime is less serious than violent crime

Introduction

• Technological changes lead to changes in criminal law.
• The widespread use of telephones introduced the crime of wire fraud.
• Automoblie use created the crime of felony auto theft.
• The internet brings new challenges to law enforcement.

Cyberspace and Criminal Behavior

• The Digital Revolution is impacting society as much as the Industrial Revolution.
• Activities in cyberspace affect the physical world.
• The Electronic Freedom Foundation challenges new criminal laws.

Types of Crime

• Computer crime is any crime committed with a computer.
• Cyber crime is a computer crime that involves the internet.
• Computer-related crime uses a computer for a crime, such as spreading child pornography online.

Problems Associated with Computer Crime

• Lack of law enforcement resources for computer crime.
• Difficulty prosecuting extra-jurisdictional computer crime.
• Computer crime is considered less serious than violent crime.
• Law enforcement may lack the financial and technical resources to investigate computer crime.

The Extent of the Problem

• Computer crimes can be unique to computers, such as phreaking.
• Computers can facilitate other crimes, such as distribution of child pornography.
• Targets of computer crime include individuals and governments.

Example of a New Cybercrime: The Emergence of e-Cash

• Electronic commerce requires new ways to pay for goods and services.
• The increased flexibility and utility of e-cash makes it attractive for criminals.
• Digital currency can be used on prepaid cards, stored-value cards, smartphones, and internet payment services.

Conclusions

• Reliance on computer technology creates both benefits and problems.
• New types of crimes may be difficult for law enforcement to address.
• Perpetrators of computer crime may perceive less risk of prosecution compared to those committing violent crime.

Introduction and Overview of Computer Forensics and Cybercrime

• New technologies drive changes in criminal law
• Examples of new crimes: wire fraud (telephone), felony auto theft (cars)
• Widespread use of the Internet introduced new forms of unacceptable behavior
• Law enforcement faces new challenges in enforcing Internet-related crimes

Cyberspace and Criminal Behavior

• The Digital Revolution's societal impact is comparable to the Industrial Revolution
• Virtual actions in cyberspace can affect physical reality
• Organizations like the Electronic Freedom Foundation challenge new criminal laws

Types of Crime

• Computer crime: crimes committed with computers
• Cyber crime: computer crimes that involve the Internet
• Computer-related crime: crimes that use computers in some way
  • Example: Child pornography is easier to spread via the Internet

Problems Associated with Computer Crime

• Difficulty in law enforcement
• Difficulty for courts to address extra-jurisdictional crime
• Perception that computer crime is less dangerous than violent crime
• Prosecutors may prioritize violent crime over computer crimes
• Lack of reporting due to underestimating the severity of these crimes
• Law enforcement agencies may lack financial and/or technical resources to investigate computer crimes

The Extent of the Problem

• Crimes can vary by type:
  • Unique to computers (phreaking)
  • Facilitated by computer use (distribution of child pornography)
• Crimes can also vary by target:
  • Private individuals
  • Government organizations

Example of a New Cybercrime: The Emergence of e-Cash

• Electronic commerce requires new payment methods
• Increased flexibility and utility of e-cash makes it appealing
• Types of e-cash:
  • Prepaid cards (like debit cards)
  • Stored value cards (electronic purses)
  • Mobile payments via smartphones
  • Internet payment services (PayPal)
  • Digital precious metals (value linked to precious metals)

Conclusions

• Greater reliance on computer technologies presents benefits and problems
• Law enforcement faces challenges responding to new crimes due to:
  • Lack of resources
  • Difficulty adapting to rapid technological change
  • Public perception that computer crime is less serious than violent crime