Behavioural Aspects of Cybercrime

UNDER THE SUPERVISION OF: UNDER THE SUPERVISION OF: SUBMITTED BY:SUBMITTED BY:

MRS. ARCHANA SHUKLA MRS. ARCHANA SHUKLA NAILA JASEEM NAILA JASEEM

FACULTY OF LAWFACULTY OF LAW ENR. NO. 810813038ENR. NO. 810813038

LLM-IST YEAR (IIND SEM.)LLM-IST YEAR (IIND SEM.)

Amity Law School,Amity Law School,Amity University, Uttar Pradesh Amity University, Uttar Pradesh

Lucknow.Lucknow.

ACKNOWLEDGEMENT

I would like to express my gratitude to ma’am.

Ma’am, it is your guidance and support that I completed this PPT successfully.

Thank You

Ma’am

INTRODUCTION In order to understand the subject of “Cyber Crime” in its holistic

sense, it is therefore necessary to also consider the dimension of cyber crimes namely the “Behavioural Aspects” of a human being that makes him either the perpetrator or a victim of Cyber criminology.

In a democratic governance model the rules have to be considered as per the wishes of the majority. Rules become law when the governing body of the society uses its enforcement power to ensure conformity. In such a society any person acting against the law is said to have indulged in a criminal act and is punished as a measures of deterrence and reformation.

OBJECTIVES

To provide a general awareness of Cybercrime

To understand Cybercrime methods To identify Internet scams To learn how to keep from being a victim

REASONS BEHIND CRIMINAL BEHAVIOUR

Criminal behaviour of persons which therefore is a “Deviant Behaviour” from the expected behaviour of an average person in the community emerges out of various reasons including economical, biological and sociological reasons.

Technology-Related Risk Factors for Criminal Behavior “Technology changes everything, crime included”

(Clarke, 2004) Criminologists can no longer ignore the ways in which Criminologists can no longer ignore the ways in which

media and computer technology shape criminal media and computer technology shape criminal behavior.behavior. With the unprecedented exposure to and influence of media and popular culture it is increasingly important to examine the unique role that technology-related factors play in motivating and shaping criminal behavior.

Technology breeds false familiarity, blurs fantasy and reality, Technology breeds false familiarity, blurs fantasy and reality, and provides a virtual realm that mediates conscienceand provides a virtual realm that mediates conscience.. This has important implications for the study of criminal behavior.

Technological advances have impacted criminal behavior in three ways:

1)1) Mass Communication Technology Mass Communication Technology has transformed media and popular culture into a powerful influence on offender behavior.

2)2) Computer Technology Computer Technology has created new avenues and different opportunities for criminal behavior.

3)3) Investigative Technology Investigative Technology has altered methods used by offenders and the types of crimes they engage in. 

Technology-Related SubtypesCopycat CrimeCopycat CrimeCybercrimeCybercrime

What is Cybercrime? Cybercrime is any illegal act committed by

using a computer network. Cybercrime is a subset of computer crime.

DEFINITION OF COPYCAT CRIME:DEFINITION OF COPYCAT CRIME: A crime inspired by another crime that has been publicized in the news

media or fictionally or artistically represented whereby the offender incorporates aspects of the original offense into a new crime.

Contd…• Copycat crime and cybercrime are likely to become a significant part of

the crime landscape in the 21st century.

• Copycat crime and cybercrime are subtypes that can cut across all of the major crime categories while maintaining distinct features.

• In some respects, copycat and cybercrime represent more the process by which criminal behavior occurs rather than a type of crime.

• Both copycat and cybercrime can be violent, sex, economic, public order, or political crimes. Copycat and cyber crime are unique in that

technology shapes their nature and presentation.

Examples of Cybercrime Web defacement Unauthorized network

access Cyber-Stalking Internet fraud

Identity theft Child pornography Interception and

fabrication of emails Theft of passwords

4 Elements of Cybercrime

LOCATIONLOCATION – Where offender is in relation to crime.

VICTIMVICTIM – Target of offense – government, corporation, organization, individual

OFFENDER OFFENDER – Who the offender is in terms of demographics, motivation, level of sophistication.

ACTION ACTION – What is necessary to eliminate threat

Who are the perpetrators? Not just “hackers.”

Companies seeking competitor’s trade secrets Con-artists Pedophiles Disgruntled employees “Accidental” criminals

The Internet should be viewed as another medium in which criminals can conduct illegal acts.

Who are the cyber victims? Companies

No security awareness Bottom liners

Individuals The unaware individuals The “don’t care” individuals The “innocent by-stander” individuals

Society

Desktop Security

Many people become victims of a cyber attack by what is referred to as “drive by hacking.”

Tools are freely available on the Internet to allow for such behavior to occur.

The latest Microsoft Security flaw is a good example of how vulnerable each users desktop is to such an attack.

ANONYMITY AND PSEUODNOMITY

Two importance concepts which influence the behaviour of a person in : “Anonymity” is the ability of an individual to conduct

certain transactions without revealing his identity. It is supported by the need to protect the privacy of an individual in Cyber society.

“Pseudonymity” is ability of an individual to assume an identity other than that of himself while conducting a transaction. It also enables protection of privacy but by introducing a proxy.

Spyware Spyware is used by companies to gather

the surfing habits of individuals. Pop-up ads are usually a result of spyware

being present on a computer. Keyloggers are a form of spyware that

secretly record keystrokes and have the ability to email them back to the intruder.

Cyber crime: an important note The IT Act provides the backbone for e-

commerce and India’s approach has been to look at e-governance and e-commerce primarily from the promotional aspects looking at the vast opportunities and the need to sensitize the population to the possibilities of the information age. There is the need to take in to consideration the security aspects.

Cyber crime: Indian law In Indian law, cyber crime has to be voluntary and

willful, an act or omission that adversely affects a person or property. The IT Act provides the backbone for e-commerce and India’s approach has been to look at e-governance and e-commerce primarily from the promotional aspects looking at the vast opportunities and the need to sensitize the population to the possibilities of the information age. There is the need to take in to consideration the security aspects.

United Nations’ Definition of Cybercrime Cybercrime in a narrow sense (computer crime): Any illegal

behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them.

Cybercrime in a broader sense (computer-related crime): Any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession [and] offering or distributing information by means of a computer system or network.

National Survey Findings on Media Consumption Virtually all families with children have a TV with at least one VCR or DVD

player, and most (approx 75%) subscribe to cable or satellite TV.

7 in 10 families with children own a computer and have a video-game system.

In their bedrooms, the majority of children have a TV (30% of children age 0-3), 33-39% age 2-17 have a video-game player, 30% have a VCR, and 6-11% have Internet access.

Children spend more time consuming entertainment media than engaging in any other activity besides sleeping and school (avg. 4 hrs per day in front of a TV or computer screen).

25% of 6th graders watch more than 40 hours of TV per week. On any given Saturday morning at 10 a.m., 60% of children around 6-11 year-

olds are watching TV.

Cyber crime: There are more concrete examples, including

Unauthorized access Damage to computer data or programs Computer sabotage Unauthorized interception of

communications Computer espionage

Criminal Behavior Pop cultural artifacts are criminogeniccriminogenic –

contribute to real-life crime.

Pop cultural artifacts are cathartic cathartic – offer an outlet for natural aggressive impulses.

Features of Cybercrime Cybercrime is distinct in that:Cybercrime is distinct in that:

The offender is not present at the crime scene The primary victim is most often an institution Offender characteristics and motive are heterogeneous Control involves global, technologically sophisticated, and political and

indirect strategies.

Cybercrime is harder to detect than traditional crime and as a result most cybercriminals are never caught.

Crimes of the Future – How Technology Shapes Criminal Behavior

Technology has changed the modus operandi of criminal elements throughout history and current technological advances have changed the physical environment in which crime occurs.

Computer technology have changed the nature of social life in such profound ways that no behavior is immune to its influence.

What are the basic steps in fortifying the legal position of an organisation in cases of data theft? While passing the IT Act, the government

has also amended other related legislation, such as the Copyright Act or the Law of Evidence. Now, an organisation can keep a log of how a particular piece of intellectual property was built, by documenting the steps that led to development of a solution or product. This documentation will help establish the ownership of the final product.

How broad is the scope of protection under the laws? Section 66 of the IT Act has defined hacking as

(among other things) intentionally destroying, deleting or altering any information residing on a computer. There is no mention of the word copying here. However, the latter part of this section refers to "diminishing the value or utility" of this information. Copying is covered under this. If someone steals information and pastes it on a web site available to all, the value of this information diminishes.

Is the redressal process speedier for those hit by cyber crimes? Any incident of data theft can be addressed on both criminal

and civil tracks of the law. While the criminal proceedings will intend to regain the custody of data, the civil proceeding will seek compensation for loss caused by such theft. Disposal of cases will be handled at par with other cases of either nature. However, under the IT Act, the secretary of the information technology department of the Central or state government has been empowered to adjudicate the civil cases. This officer has the powers to order summary investigation and is not compelled to follow any legal procedures and will simply follow. If he follows the principles of natural justice (such as giving the accused an opportunity to be heard) he can examine the evidence, impose punishment and order compensation.

Conclusion The key to protecting yourself is being

aware. Not all cybercriminals are “hackers.” There is a whole other world that exists in

cyberspace…make sure that your information travels safely.