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Monday, February 21, 2011
Cybercrime in Canada
It is normal that during the course of human history criminals try to use most of the new inventions for their cause. While the Internet itself is very young it is already filled with various criminals that are committing frauds, stealing information, stalking or harassing people. And it is also natural that after some time the countries with most internet users created laws that allowed prosecuting the online criminals.
In Canada the definition of computer crime is taken from the international Convention on Cybercrime that occurred on November 23, 2001. Canada contributed, and is a signatory, to this international of criminal offences involving the use of computers: offences against the confidentiality, integrity and availability of computer data and systems; computer-related offences; content-related offences; offences related to infringements of copyright and related rights; and ancillary liability. Today Canada is in the stage of ratifying the Convention of Cybercrime, so in practice Canadian Criminal Code contains a set of laws for regulating the computer crimes, but it may view some of the offences in a different way. Still most of them are classified as following. The Offences against the confidentiality, integrity and availability of computer data and systems include: illegal access, illegal interception, data interference, system interference, misuse of devices. The computer-related offences include: computer-related forgery and computer-related fraud. The content-related offences include: offences related to child pornography. The offences related to infringements of copyright and related rights naturally include everything related to the violation of copyrights and digital rights. The ancillary liability offences include things like attempt and aiding or abetting and corporate liability. Computer crimes touch a lot of parts of the law so in Canada various sections of the Canadian Criminal Code deal with various computer crimes. The theft, forgery of credit cards and unauthorized use of computer is regulated by the Section 342. Privacy is regulated by section 184 and personation with section 403. Also some of the crimes are regulated with Bill C-46. As Canada has not yet ratified this Additional Protocol to the Convention on cybercrime its Criminal Code may not fully address the following criminal offences:
The computer crimes that are still partly excluded from the Canadian Criminal Code mostly deal with discrimination and include: dissemination of racist and xenophobic material through computer systems; racist and xenophobic motivated threat; racist and xenophobic motivated insult; denial, gross minimization, approval or justification of genocide or crimes against humanity; aiding and abetting.
Mostly the targets of the serious computer criminals are the companies and individuals from North America and Europe, so these governments that are mostly affected by cybercrime are giving a great effort on providing an appropriate legislation. The main problem of the Computer Crimes legislation is that the criminal itself can be from any part of the world, and at some points he will be protected by the local laws, or lack of local cybercrime laws. That’s why it is crucial for all the countries in the world to work together for a one good cause – an Internet Free of Crime.
By Rebecca Brown
In Canada the definition of computer crime is taken from the international Convention on Cybercrime that occurred on November 23, 2001. Canada contributed, and is a signatory, to this international of criminal offences involving the use of computers: offences against the confidentiality, integrity and availability of computer data and systems; computer-related offences; content-related offences; offences related to infringements of copyright and related rights; and ancillary liability. Today Canada is in the stage of ratifying the Convention of Cybercrime, so in practice Canadian Criminal Code contains a set of laws for regulating the computer crimes, but it may view some of the offences in a different way. Still most of them are classified as following. The Offences against the confidentiality, integrity and availability of computer data and systems include: illegal access, illegal interception, data interference, system interference, misuse of devices. The computer-related offences include: computer-related forgery and computer-related fraud. The content-related offences include: offences related to child pornography. The offences related to infringements of copyright and related rights naturally include everything related to the violation of copyrights and digital rights. The ancillary liability offences include things like attempt and aiding or abetting and corporate liability. Computer crimes touch a lot of parts of the law so in Canada various sections of the Canadian Criminal Code deal with various computer crimes. The theft, forgery of credit cards and unauthorized use of computer is regulated by the Section 342. Privacy is regulated by section 184 and personation with section 403. Also some of the crimes are regulated with Bill C-46. As Canada has not yet ratified this Additional Protocol to the Convention on cybercrime its Criminal Code may not fully address the following criminal offences:
The computer crimes that are still partly excluded from the Canadian Criminal Code mostly deal with discrimination and include: dissemination of racist and xenophobic material through computer systems; racist and xenophobic motivated threat; racist and xenophobic motivated insult; denial, gross minimization, approval or justification of genocide or crimes against humanity; aiding and abetting.
Mostly the targets of the serious computer criminals are the companies and individuals from North America and Europe, so these governments that are mostly affected by cybercrime are giving a great effort on providing an appropriate legislation. The main problem of the Computer Crimes legislation is that the criminal itself can be from any part of the world, and at some points he will be protected by the local laws, or lack of local cybercrime laws. That’s why it is crucial for all the countries in the world to work together for a one good cause – an Internet Free of Crime.
By Rebecca Brown
McAfee's Cybercrime Predictions
In a recent press release, McAfee Inc. (MFE - Snapshot Report) disclosed its 2010 Threat Predictions report. In this report the cyber security major stated that, it expects cybercriminals to target social networking sites and third-party applications and use more complex Trojans and botnets to build and execute attacks, and take advantage of HTML 5 to create emerging threats. The company is of the estimation that 2010 will be a good year for law enforcement’s fight against cybercrime.
The company predicts that Facebook, Twitter and third-party applications on these sites experience rapid change, and keeping in pace with that cybercriminals are adopting new technologies to work with. Users will become more vulnerable to attacks that blindly distribute rogue applications across their networks, and cybercriminals will take advantage of trusted friend links to get users to click on what they might otherwise treat cautiously. The company is of the opinion that web criminals will adopt new methods to attack these public sites in 2010.
This apart, the company also predicts that web evolution will provide cybercriminals with extended opportunities to develop new hacking programs. The company has also found through research and warns that banking Trojans, which has already advanced in 2009, will become even more sophisticated in 2010 and easily get around existing protections used by banks. Even McAfee research shows that internet hackers are expected to attack Adobe and Flash applications in 2010.
After discussing all these negative impact of cybercrime in 2010, McAfee has provided some comfort in stating that international law enforcement agencies have undertaken strong measures against cybercrime. McAfee Labs has seen considerable progress in the universal effort to identify, track and combat cybercrime by governments worldwide. McAfee believes that in 2010 the strict law enforcement against cyber criminals will help contain this crime to a larger extent.
By: Rex Camposagrado
The company predicts that Facebook, Twitter and third-party applications on these sites experience rapid change, and keeping in pace with that cybercriminals are adopting new technologies to work with. Users will become more vulnerable to attacks that blindly distribute rogue applications across their networks, and cybercriminals will take advantage of trusted friend links to get users to click on what they might otherwise treat cautiously. The company is of the opinion that web criminals will adopt new methods to attack these public sites in 2010.
This apart, the company also predicts that web evolution will provide cybercriminals with extended opportunities to develop new hacking programs. The company has also found through research and warns that banking Trojans, which has already advanced in 2009, will become even more sophisticated in 2010 and easily get around existing protections used by banks. Even McAfee research shows that internet hackers are expected to attack Adobe and Flash applications in 2010.
After discussing all these negative impact of cybercrime in 2010, McAfee has provided some comfort in stating that international law enforcement agencies have undertaken strong measures against cybercrime. McAfee Labs has seen considerable progress in the universal effort to identify, track and combat cybercrime by governments worldwide. McAfee believes that in 2010 the strict law enforcement against cyber criminals will help contain this crime to a larger extent.
By: Rex Camposagrado
What is a Cybercrime?
Cybercrime or computer crime is defined as any crime that involves a computer and a network where the computers may or may not have played an instrumental part in the commission of a crime. Netcrime differs in that it refers more precisely to criminal exploitation of the Internet. Such crimes include: hacking, copyright infringement, child pornography and child grooming.
Cybercrime encompasses a broad range of activities. These activities are typically divided into two categories: 1) crimes that target computer networks or devices directly 2)crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device. Crimes that target computer networks include computer viruses, denial-of-service attacks and malware.
Computer Viruses - A computer virus is a computer program that can copy itself and then infect a computer. The term virus and malware are often confused in these instances. A true virus can spread from one computer to another in some form of executable code, when its host is taken to the target computer. Viruses can increase their chances of spreading to other computers by infecting files on a network file system or a file system that is accessed by another computer.
Malware – Malware or malicious code includes computer viruses such as computer worms, Trojan horses, rootkits, spyware and dishonest adware. Computer worms can exploit security vulnerabilities that spread to other computers through networks. Worms and Trojan horses, like viruses, may harm a computer system's data or performance. Others do nothing to call attention to themselves. Software is considered to be malware based on the perceived intent of the creator rather than any particular features. The prevalence of malware as a vehicle for organized Internet crime, along with the general inability of traditional anti-malware protection platforms (products) to protect against the continuous stream of unique and newly produced malware, has seen the adoption of a new mindset for businesses operating on the Internet: the acknowledgment that some sizable percentage of Internet customers will always be infected for some reason or another, and that they need to continue doing business with infected customers. The result is a greater emphasis on back-office systems designed to spot fraudulent activities associated with advanced malware operating on customers' computers.
Denial of Service Attacks – These attacks are an attempt to make a computer resource unavailable to its intended users. Although the means to carry out, motives for, and targets of a DoS attack may vary, it generally consists of the concerted efforts of a person or people to prevent an Internet site or service from functioning efficiently. Perpetrators of DoS attacks typically target sites or services hosted on high-profile web services such as banks, credit card payment gateways, and even root nameservers. The term is generally used with regards to computer networks , but is not limited to this field.
With computer crimes, the computer can be a source of evidence. If the computer was not directly used for criminal purposes, it can be an excellent device for record keeping, particularly given the power to encrypt the data. If this evidence can be obtained and decrypted, it can be of great value to criminal investigators.
Other types of cybercrime range from small crimes such as spam, to larger crimes such as cyberterroism. How are such crimes defined?
Spam - The unsolicited sending of bulk email for commercial purposes, is unlawful to varying degrees . As applied to email, specific anti-spam laws are relatively new, however limits on unsolicited electronic communications have existed in some forms for some time.
Fraud - Computer fraud is any dishonest misrepresentation of fact intended to let another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by altering computer input, destroying or suppressing output, altering or deleting stored data and altering or misusing existing system tools for fraudulent purposes.
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.
Many jurisdictions place limits on certain speech and can ban racist, blasphemous, politically subversive, libelous or slanderous, seditious or or inflammatory material that tends to incite hate crimes.
Harassment - Obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation.
Crimes are committed each day, with respects to the cyber world. Each crime is defined at different levels, although each is punishable in a court of law.
By: Steven Medvin
Cybercrime encompasses a broad range of activities. These activities are typically divided into two categories: 1) crimes that target computer networks or devices directly 2)crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device. Crimes that target computer networks include computer viruses, denial-of-service attacks and malware.
Computer Viruses - A computer virus is a computer program that can copy itself and then infect a computer. The term virus and malware are often confused in these instances. A true virus can spread from one computer to another in some form of executable code, when its host is taken to the target computer. Viruses can increase their chances of spreading to other computers by infecting files on a network file system or a file system that is accessed by another computer.
Malware – Malware or malicious code includes computer viruses such as computer worms, Trojan horses, rootkits, spyware and dishonest adware. Computer worms can exploit security vulnerabilities that spread to other computers through networks. Worms and Trojan horses, like viruses, may harm a computer system's data or performance. Others do nothing to call attention to themselves. Software is considered to be malware based on the perceived intent of the creator rather than any particular features. The prevalence of malware as a vehicle for organized Internet crime, along with the general inability of traditional anti-malware protection platforms (products) to protect against the continuous stream of unique and newly produced malware, has seen the adoption of a new mindset for businesses operating on the Internet: the acknowledgment that some sizable percentage of Internet customers will always be infected for some reason or another, and that they need to continue doing business with infected customers. The result is a greater emphasis on back-office systems designed to spot fraudulent activities associated with advanced malware operating on customers' computers.
Denial of Service Attacks – These attacks are an attempt to make a computer resource unavailable to its intended users. Although the means to carry out, motives for, and targets of a DoS attack may vary, it generally consists of the concerted efforts of a person or people to prevent an Internet site or service from functioning efficiently. Perpetrators of DoS attacks typically target sites or services hosted on high-profile web services such as banks, credit card payment gateways, and even root nameservers. The term is generally used with regards to computer networks , but is not limited to this field.
With computer crimes, the computer can be a source of evidence. If the computer was not directly used for criminal purposes, it can be an excellent device for record keeping, particularly given the power to encrypt the data. If this evidence can be obtained and decrypted, it can be of great value to criminal investigators.
Other types of cybercrime range from small crimes such as spam, to larger crimes such as cyberterroism. How are such crimes defined?
Spam - The unsolicited sending of bulk email for commercial purposes, is unlawful to varying degrees . As applied to email, specific anti-spam laws are relatively new, however limits on unsolicited electronic communications have existed in some forms for some time.
Fraud - Computer fraud is any dishonest misrepresentation of fact intended to let another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by altering computer input, destroying or suppressing output, altering or deleting stored data and altering or misusing existing system tools for fraudulent purposes.
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.
Many jurisdictions place limits on certain speech and can ban racist, blasphemous, politically subversive, libelous or slanderous, seditious or or inflammatory material that tends to incite hate crimes.
Harassment - Obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation.
Crimes are committed each day, with respects to the cyber world. Each crime is defined at different levels, although each is punishable in a court of law.
By: Steven Medvin
Cyber Law
Cyber law encompasses a wide variety of legal issues related to use of communications technology. It includes use of Internet as well as any other form of Computer or Digital Processing Devices. It includes intellectual property, privacy, freedom of expression, and jurisdiction.
As the law of Cyber Space, as envisioned by William Gibson in his novel Neuromancer , Cyber Law addresses the issues of Virtual Property and Virtual Persons. It covers rights of Netizens who are the citizens of Cyber Space and regulation of the Cyber Space for a peaceful and harmonious existence of Netizens.
The biggest challenge before Cyber Law is its integration with the legacy system of laws applicable to the physical world.
Since Cyber Space has no geographical boundaries, nor the Netizens have physical characteristics of Sex, Age etc, several conflicts surface when the rights of Netizens are viewed in the eyes of Citizens of a physical space. This is well reflected in the conflict between the Trade mark Laws and system of Domain Names.
There are several countries which have enacted special laws for regulating Cyber Space Transactions of Citizens within their Physical Jurisdiction and these are recognized as the Cyber Laws of the Physical Jurisdiction.
A recent book by Ahmad Kamal entitled "The Law of Cyber-Space" published by the United Nations Institute for Training and Research, argues in favor of starting global negotiations on comprehensive and harmonized laws in this domain. The ultimate solution is to “harmonise” the laws of all the countries by making a compatible and commonly acceptable international treaty safeguarding the cyberspace.
By Tarsem
As the law of Cyber Space, as envisioned by William Gibson in his novel Neuromancer , Cyber Law addresses the issues of Virtual Property and Virtual Persons. It covers rights of Netizens who are the citizens of Cyber Space and regulation of the Cyber Space for a peaceful and harmonious existence of Netizens.
The biggest challenge before Cyber Law is its integration with the legacy system of laws applicable to the physical world.
Since Cyber Space has no geographical boundaries, nor the Netizens have physical characteristics of Sex, Age etc, several conflicts surface when the rights of Netizens are viewed in the eyes of Citizens of a physical space. This is well reflected in the conflict between the Trade mark Laws and system of Domain Names.
There are several countries which have enacted special laws for regulating Cyber Space Transactions of Citizens within their Physical Jurisdiction and these are recognized as the Cyber Laws of the Physical Jurisdiction.
A recent book by Ahmad Kamal entitled "The Law of Cyber-Space" published by the United Nations Institute for Training and Research, argues in favor of starting global negotiations on comprehensive and harmonized laws in this domain. The ultimate solution is to “harmonise” the laws of all the countries by making a compatible and commonly acceptable international treaty safeguarding the cyberspace.
By Tarsem
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