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Cyber Crimes and Cyber Law

Cyber Crimes and Cyber Law

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Published by: alkca_lawyer on Dec 16, 2010
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06/26/2013

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CYBER CRIMES AND CYBER LAWIntroduction:
In this era of modern world, there are lot of crimes and laws are their but Ichoose Cyber Crime and Cyber law because everybody using computers. The newmillennium of computer world, it is involved every aspect of our lives. From the whitecollar criminals to terrorist organization, Teenagers to adult and most important thing ismonetary transactions are moving on the internet. So Cyber crime is an evil having itsorigin in the growing dependence on computers in modern life. Cyber-Crime is the latestand perhaps the most specialized and dynamic field in cyber-laws. So we need to knowwhat cyber crime is and how cyber law helps us to protect, what are the changes that needto be done in cyber law to make it more efficient.
Cyber Crime:
cyber crimes, "acts that are punishable by the Information Technology Act"Which is not covered under Indian Penal Code, cyber crimes, such as email spoofing andcyber defamation, sending threatening emails, pornography etc, Powerful definition of cyber crime is "unlawful acts where in the computer is either a tool or a target or incidental or both".Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is where acomputer  is the target of acrimeor is the means adopted to commit a crime. Most of these crimesare not new. Criminals simply invent different ways to undertake standard criminalactivities such asfraud,theft, blackmail, forgery, and cheating using the new medium, often involving theInternet.
Cyber Ethics: 
Cyber ethics is separate fromcyber law.Lawsare formal written directives that apply to everyone, interpreted by the judicial system, and enforced by the police.Ethics is a broad philosophical concept that goes beyond simple right and wrong, andlooks towards "the good life". Ethics and morality in different circumstances may be1
 
varied. Each and everything which is opposed to public policy, against public welfare andwhich may disturb public tranquility may be termed to be immoral and unethical. In the past terms such as imperialism, colonialism, which were burning issues have given wayto cyber crime, hacking, 'cyber-ethics’. Today in the present era there is a need to evolvea 'cyber jurisprudence' based on which 'cyber ethics' can be evaluated.
Criminal Law and General Principles:
According to criminal law, certain persons are excluded from criminalliability for their actions; they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the typeof offense allegedly committed.
"Age of criminal responsibility" in two different ways:
1. As a definition of the process for dealing with alleged offenders, the range of agesspecifies the exemption of a child from the adult system of prosecution and punishment.Most states develop special juvenile justice systems in parallel to the adult criminal justice system. Children are unfocused into this system when they have committed whatwould have been an offence in an adult.2. The physical capacity of a child to commit a crime is deemed incapable of committingsome sexual or other acts requiring abilities of a more mature quality. The age of majorityis the doorstep of adulthood as it is idea in law. It is the sequential moment when childrenlegally assume majority control over their persons and their actions and decisions,thereby terminating the legal control and legal responsibilities of their parents over andfor them.But in the cyber world it is not possible to follow these traditional principles of criminal law to fix liability. Statistics reveal that in the cyber world, most of the offenders are those who are under the age of majority. Therefore, some other LAWhas to be evolved to deal with cyber criminals.2
 
CYBER CRIMES AND GENERAL PRINCIPLES: 
. According to Donn Parker, “For the first time in human history, computers andautomated processes make it possible to possess, not just commit, a crime. Today,criminals can pass a complete crime in software from one to another, each improving or adapting her or his needs.”The first recorded cyber crime took place in the year 1820. Cyber crime is an evilhaving its origin in the growing dependence on computers in modern life. In a day andage when everything from machinery life to nuclear power plants is being run oncomputers, cyber crime has assumed rather threatening implications. Cyber crimes arereally violations of longstanding criminal law, perpetrated through the use of computersor information networks. The problems of crime using computers will rarely require thecreation of new substantive criminal law. The serious problems posed by attacks againstcomputers and information systems, such as cruel hacking, spreading of viruses, anddenial of service attacks. Such attacks should be effectively prohibited.
Types of Cyber Crimes:Following are the crimes can be committed against following groups:
1.
Crime against individuals
:-a.Harassment through E mails. b.Cyber – Stalking.c.Broadcasting of obscene material.d.Hacking.e.Defamation.2.
Crime against Individual Property
:-a.Computer damage. b.Hacking or Cracking.c.Unauthorized control over computer system.d.Transmitting of virus.3

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