29-06-2013, 12:43 PM
Computer crime
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INTRODUCTION
Computer crime refers to any crime that involves a computer and a network.[1] The computer may have been used in the commission of a crime, or it may be the target.[2]Netcrime refers to criminal exploitation of the Internet.[3] Cybercrimes are 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 Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)".[4] Such crimes may threaten a nation’s security and financial health.[5] Issues surrounding this type of crime have become high-profile, particularly those surrounding cracking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.
Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes. Activity crossing international borders and involving the interests of at least one nation state is sometimes referred to as cyber warfare. The international legal system is attempting to hold actors accountable for their actions through the International Criminal Court.[6]
Topology
Computer crime encompasses a broad range of activities. Generally, however, it may be divided into two categories: (1) crimes that target computers directly; (2) crimes facilitated by computer networks or devices, the primary target of which is independent of the cats network or device.[citation needed]
Crimes that primarily target computer networks or devices include:
• Computer viruses
• Denial-of-service attacks
• Malware (malicious code)
Obscene or offensive content
The content of websites and other electronic communications may be distasteful, obscene or offensive for a variety of reasons. In some instances these communications may be illegal.
Over 25 jurisdictions place limits on certain speech and ban racist, blasphemous, politically subversive, libelous or slanderous, seditious, or inflammatory material that tends to incite hate crimes.
The extent to which these communications are unlawful varies greatly between countries, and even within nations. It is a sensitive area in which the courts can become involved in arbitrating between groups with strong beliefs.
One area of Internet pornography that has been the target of the strongest efforts at curtailment is child pornography.
Harassment
Whereas content may be offensive in a non-specific way, harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties (see cyber bullying, cyber stalking, hate crime, Online predator, and stalking). Any comment that may be found derogatory or offensive is considered harassment.
There are instances where committing a crime, which involves the use of a computer, can lead to an enhanced sentence. For example, in the case of United States v. Neil Scott Kramer, Kramer was served an enhanced sentence according to the U.S. Sentencing Guidelines Manual §2G1.3(b)(3)[8] for his use of a cell phone to “persuade, induce, entice, coerce, or facilitate the travel of, the minor to engage in prohibited sexual conduct.”
Connecticut was the first state to pass a statute making it a criminal offense to harass someone by computer. Michigan, Arizona, and Virginia have also passed laws banning harassment by electronic means.[9][10]
Harassment by computer statutes are typically distinct from cyberbullying laws, in that the former usually relates to a person's "use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act," while the latter need not involve anything of a sexual nature.
Combating Computer Crime
A computer can be a source of evidence. Even when a computer is not directly used for criminal purposes, may contain records of value to criminal investigators.[citation needed]
Penalties for computer related crimes in New York State can range from a fine and a short period of jail time for a Class A misdemeanor such as unauthorized use of a computer up to computer tampering in the first degree which is a Class C felony and can carry 3 to 15 years in prison.