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Cyber Crime

Cyber Crime

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Published by raihanborhan
A comprehensive analysis on cyber crime
A comprehensive analysis on cyber crime

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Categories:Types, Research, Law
Published by: raihanborhan on Jun 15, 2008
Copyright:Attribution Non-commercial

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05/20/2013

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Cyber Crime and Bangladesh PerspectivebyA.R.M. Borhanuddin (Raihan)Department of LawDhaka UniversityRamna, BangladeshCell: 01715112124INTRODUCTION
 
Advent of technology not only widens scientific horizon but also posesconstant challenges for the jurisprudence, legal system and legal world as a whole.Computers, Internet and Cyberspace - together known as Information Technology –presents challenges for the law. Challenges, which are not confined, to any singletraditional legal category but in almost all established categories of law such asCriminal law, Contract, Tort, as well as legal concepts of property, expression,identity, movement etc. Existing legal system and framework has shown inadequacyof law while dealing with Information Technology itself as well as while dealing withthe changes induced by the Information Technology in the way of our living. Thecourts throughout the world have been dealing with these problems. Presently, the law(Statutory or otherwise) providing answers to these problems or dealing with theInformation Technology is termed as ‘Computer Laws’ or ‘Information TechnologyLaws’ or ‘Cyberlaws’.The term ‘cyber crime’ is a misnomer. The concept of cyber crime is notradically different from the concept of conventional crime. Both include conductwhether act or omission, which cause breach of rules of law and counterbalanced bythe sanction of the state. In general sense cyber crime can be defined as the use of computer technology to commit crime.
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 Before evaluating the concept of cyber crime it is obvious that the concept of conventional crime be discussed and the points of similarity and deviance betweenboth these forms may be discussed.
CONVENTIONAL CRIME
Crime is a social and economic phenomenon and is as old as the human society.Crime is a legal concept and has the sanction of the law. Crime or an offence is “alegal wrongthat can be followed by criminal proceedings which may result intopunishment.”
2
The hallmark of criminality is that, it is breach of the criminal law. Per
Lord Atkin
“the criminal quality of an act cannot be discovered by reference to anystandard but one: is the act prohibited with penal consequences”.
3
 
1
Bohan and Haley (2002), page-209
2
Granville Williams
3
Proprietary Articles Trade Association v. A.G.for Canada (1932)
- 1 -
 
A crime may be said to be any conduct accompanied by act or omission prohibited bylaw and consequential breach of which is visited by penal consequences.
CYBER CRIME
Cyber crime is the latest and perhaps the most complicated problem in the cyberworld. “Cyber crime may be said to be those species, of which, genus is theconventional crime, and where either the computer is an object or subject of theconduct constituting crime”. “Any criminal activity that uses a computer either as aninstrumentality, targetor a means for perpetuating further crimes comes within theambit of cyber crime”
1
 A generalized definition of cyber crime may be “ unlawful acts wherein the computeris either a tool or target or both”
2
. The computer may be used as a tool in thefollowing kinds of activity- financial crimes, sale of illegal articles, pornography,online gambling, intellectual property crime, e-mail spoofing, forgery, cyberdefamation, cyber stalking. The computer may however be target for unlawful acts inthe following cases- unauthorized access to computer/ computer system/ computernetworks, theft of information contained in the electronic form, e-mail bombing, datadidling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web jacking,theft of computer system, physically damaging the computer system.
DISTINCTION BETWEEN CONVENTIONAL AND CYBER CRIME
There is apparently no distinction between cyber and conventional crime. However ona deep introspection we may say that there exists a fine line of demarcation betweenthe conventional and cyber crime, which is appreciable. The demarcation lies in theinvolvement of the medium in cases of cyber crime. The sine qua non for cyber crimeis that there should be an involvement, at any stage, of the virtual cyber medium.
REASONS FOR CYBER CRIME
 Hart
in his work 
“The Concept of Law” 
has said
‘human beings are vulnerable sorule of law is required to protect them’
. Applying this to the cyberspace we may saythat computers are vulnerable so rule of law is required to protect and safeguard themagainst cyber crime. The reasons for the vulnerability of computers may be said to be:
1. Capacity to store data in comparatively small space-
The computer has unique characteristic of storing data in a very small space. Thisaffords to remove or derive information either through physical or virtual mediummakes it much more easier.
 2. Easy to access-
The problem encountered in guarding a computer system from unauthorised access isthat there is every possibility of breach not due to human error but due to the complex
1
Duggal Pawan
2
Nagpal R. – What is Cyber Crime?
- 2 -
 
technology. By secretly implanted logic bomb, key loggers that can steal accesscodes, advanced voice recorders; retina imagers etc. that can fool biometric systemsand bypass firewalls can be utilized to get past many a security system.
 3. Complex-
The computers work on operating systems and these operating systems in turn arecomposed of millions of codes. Human mind is fallible and it is not possible that theremight not be a lapse at any stage. The cyber criminals take advantage of these lacunasand penetrate into the computer system.
 4. Negligence-
Negligence is very closely connected with human conduct. It is therefore veryprobable that while protecting the computer system there might be any negligence,which in turn provides a cyber criminal to gain access and control over the computersystem.
 5. Loss of evidence-
Loss of evidence is a very common & obvious problem as all the data are routinelydestroyed. Further collection of data outside the territorial extent also paralyses thissystem of crime investigation.
CYBER CRIMINALS
The cyber criminals constitute of various groups/ category. This division may be justified on the basis of the object that they have in their mind. The following are thecategory of cyber criminals-
1. Children and adolescents between the age group of 6 – 18 years –
The simple reason for this type of delinquent behaviour pattern in children is seenmostly due to the inquisitiveness to know and explore the things. Other cognatereason may be to prove themselves to be outstanding amongst other children in theirgroup. Further the reasons may be psychological even. E.g. the Bal Bharati (Delhi)case was the outcome of harassment of the delinquent by his friends.
 2. Organised hackers-
These kinds of hackers are mostly organised together to fulfill certain objective. Thereason may be to fulfill their political bias, fundamentalism, etc. The Pakistanis aresaid to be one of the best quality hackers in the world. They mainly target the Indiangovernment sites with the purpose to fulfill their political objectives. Further theNASA as well as the Microsoft sites is always under attack by the hackers.
 3. Professional hackers / crackers –
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