Introduction to Cybercrime and Environmental Laws and Protection 1

Chapter 1
An Introduction to Cybercrimes and Environmental Laws
and Protection

At the end of this chapter the student should be able

to:

• Gain knowledge about the Introduction on

Cybercrimes and Environmental Laws and
Protection

An Introduction to Cyber-Crimes and Environmental Laws and Protection

The major objectives in the study of Cyber-crimes and Environmental

Laws and Protection in relation to the new curriculum for the Bachelor of
Science of Criminology as stipulated in CHED Memo # 05 are enumerated:

✓ To become familiar with various definitions and typologies of cybercrime

and environmental laws and protection
✓ To understand the contribution of hackers, victims and IT managers to
cybercrime
✓ To apply criminological theories in the study of cybercrime and
environmental laws
✓ To become familiar with technical tools allowing the collection of data in
cyber space
✓ To explain the role of both the private sector and law enforcement
agencies in investigating, prosecuting and preventing cyber crime
✓ To apply environmental aspects in analytical, conceptual and
implementation stage of dealing with a specific problem
✓ Conceptual solutions of regional development issues
 Introduction to Cybercrime and Environmental Laws and Protection 2

✓ To apply the research process on cybercrime, environmental laws and

protection

Cybercrime research has grown in visibility and importance during the last
two decades. Nevertheless, despite the growing public interest in cybercrime
and its consequences for businesses and individuals, only limited attention has
been given in the criminological discipline to investigation and understanding of
this new type of crime.

The five development trends of environmental law that have been identified
since the 1980s are now grouped together in three focuses of development:

1. Integrated environmental strategies for the internal and external

integration of environmental care by means of the further ecological
development and harmonization of environmental law
2. Indirect environmental strategies for the indirect guidance of
environmental care conduct by means of corresponding economic and
other incentives and instruments and
3. International environmental strategies to link national, multinational and
international environmental law by means of the promotion or adoption of
multinational and international developments.

In order to be able to master these development focuses appropriately,

environmental law needs a fundamental reform that builds upon the solid basis of
the intervening measures of direct conduct guidance and the planning measures
that have been somewhat underestimated in recent decades. At a national level
the Environmental Code offers an appropriate legislative type of action and
changes at the same time. It forms the constitution of environmental order.

This environmental order is designed not only to realize the State's

constitutional objective of care of the environment. Linked to an economic order
which guarantees the autonomy of the individual and competition, and a strongly
structured social order, an environment order also helps the social market
economy to gear itself to the needs of the environment in such a way that it can
do ecological, economic and social justice to the model of sustainable
development.
 Introduction to Cybercrime and Environmental Laws and Protection 3

Computer crime refers to criminal activity involving a computer. The

computer may be used in the commission of a crime or it may be the target.
Net-crime refers to criminal use of the Internet. Cyber-crimes are essentially a
combination of these two elements and can be best defined as "Offenses 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 the Internet (Chat rooms, emails, notice boards and groups) and mobile
phones (SMS/MMS)".

In its most simple form, cyber-crime can be defined as any illegal activity
that uses a computer as its primary means of function. The U.S. Department of
Justice broadens this definition to include any illegal activity that uses a
computer for the storage of evidence. The term 'cyber-crime' can refer to
offenses including criminal activity against data, infringement of content and
copyright, fraud, unauthorized access, child pornography and cyber-stalking.

The United Nations Manual on the Prevention and Control of Computer

Related Crime includes fraud, forgery and unauthorized access in its definition of
cyber-crime. Cyber-crime in effect covers a wide range of attacks on
individuals and organizations alike. These crimes may include anything from an
individual's emotional or financial state to a nation's security.

There are two main categories that define the make-up of cyber-crimes:

1. Those that target computer networks or devices such as viruses, malware,

or denial of service attacks.
2. Those that relate to crimes that are facilitated by computer networks or
devices like cyber-stalking, fraud, identity-theft, extortion, phishing
(spam) and theft of classified information.

Cyber-crimes have expanded to include activities that cross international

borders and can now be considered a global epidemic. The international legal
system ensures cyber criminals are held accountable through the International
Criminal Court. Law enforcement agencies are faced with unique challenges and
the anonymity of the Internet only complicates the issues. There are problems
with gathering evidence, cross-jurisdictional issues and miscommunication
related to reporting.
 Introduction to Cybercrime and Environmental Laws and Protection 4

It is widely known that victims of Internet crimes are often reluctant to report
an offense to authorities. In some cases, the individual or organization may not
even be aware a crime has been committed. Even though facilities for reporting
incidents of cybercrime have improved in recent years many victims remain
reluctant due essentially to embarrassment.

International cooperation is essential if an effective response is to be found

against global cyber-crime. No nation can expect to effectively combat the issue
alone. Many computer-based crimes are initiated 'off-shore' and this presents
enormous challenges to any nations law enforcement agencies. It is critical that
agencies from around the world formulate actionable plans to detect, follow,
arrest and prosecute cyber criminals.

The problem of cyber-crime seems almost immeasurable in size. Looking at

recent trends and advances in mobile technology and cloud computing we realize
it is an ever-evolving and rapidly changing dynamic. There is growing evidence
globally of newly formed partnerships between government and industry aimed
at prevention. These partnerships create opportunities to share information and
bolster law enforcement response to organized Internet-based crime.

This sharing of information creates concerns in its self. It is an extremely

complex and sensitive issue. A balance must be found in efficiently maximizing
distribution of information and protecting it from the organized cyber-criminal
element.

Cyber-crime covers such a broad scope of criminal enterprise. The examples

mentioned above are only a few of the thousands of variants of illegal activities
commonly classed as cyber-crimes. Computers and the Internet have improved
our lives in many ways, unfortunately criminals now make use of these
technologies to the detriment of society.

In our daily life, economic activities, and national security highly depend on
stability, safely, and resilient cyberspace. A network brings communications and
transports, power to our homes, run our economy, and provide government with
various services.

However, it is through the same cyber networks which intrude and attack our
privacy, economy, social life in a way which is harmful. Some scholars have
interestingly argued that, "in the Internet nobody knows you are a dog".
 Introduction to Cybercrime and Environmental Laws and Protection 5

Environmental Law: The Perspective

With its provisions for general and particular care of the environment,
environmental law will continue to stress the absolute need for a regulatory
framework within which its existential, social and aesthetic functions can be
fulfilled. The five development trends of environmental law that have been
identified since the 1980s are now grouped together in three focuses of
development:

▪ Integrated environmental strategies for the internal and external

integration of environmental care by means of the further ecological
development and harmonization of environmental law
▪ Indirect environmental strategies for the indirect guidance of
environmental care conduct by means of corresponding economic and
other incentives and instruments and
▪ International environmental strategies to link national, supranational and
international environmental law by means of the promotion or adoption of
supranational and international developments.

In order to be able to master these development focuses appropriately,

environmental law needs a fundamental reform that builds upon the solid basis of
the intervening measures of direct conduct guidance and the planning measures
that have been somewhat underestimated in recent decades. At a national level
the Environmental Code offers an appropriate legislative type of action for this
reform of environmental reform and, at the same time, forms the constitution of
environmental order. This environmental order is designed not only to realize
the State's constitutional objective of care of the environment. Linked to an
economic order which guarantees the autonomy of the individual and
competition, and a strongly structured social order, an environment order also
helps the social market economy to gear itself to the needs of the environment
in such a way that it can do ecological, economic and social justice to the model
of sustainable development.

It is high time and necessary to protect environment and save whole mankind.
It is important to protect the environment because man-made disruptions to
ecosystems can cause extinction, because pollution creates dangers for both
animals and people, and because mankind owes the natural world a moral
obligation

Environmental protection is an important concept of sustainable development.

As the main player of sustainable development, enterprises should pursue the
 Introduction to Cybercrime and Environmental Laws and Protection 6

ecological, economic and social sustainable development and take social

responsibility for the harmonious development of the society and environment.
Under the consideration of environmental protection and sustainable
development, enterprises should behave environmentally friendly to obtain the
legitimacy from constituencies. Based on the theme of environmental protection,
this book introduces and discusses the literatures related to sustainable
development and legitimacy of enterprises.

Climate change. It's worse than we imagined it would be. The effects of
climate change can have a disastrous impact on our planet Earth. High
temperatures, loss of wildlife species, increase in sea level, changes in rainfall
patterns, heat waves, stronger storms, wildfires and shrinking of arctic ice are
few of the dangerous effects of climate change.

Are we still going to ignore this problem as if it isn't real? I implore you not
to. Here are five little things you can do to help save our planet as students.

5 Ways Students Can Help Save the Environment

1. Use Reusable Bags.

2. Recycle.
3. Save Electricity!
4. Save water
5. Walk or cycle

Reference:
Introduction to Cybercrime and
Environmental Laws and Protection

PCol Adelene Maghinay Florendo, PNP (Ret)

PSSgt Rizza Ruth Maghunay Florendo