cybercrime

cybercrime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy. Cybercrime, especially through the Internet, has grown in importance as the computer has become central to commerce, entertainment, and government.

Because of the early and widespread adoption of computers and the Internet in the United States, most of the earliest victims and villains of cybercrime were Americans. By the 21st century, though, hardly a hamlet remained anywhere in the world that had not been touched by cybercrime of one sort or another.

Defining cybercrime

New technologies create new criminal opportunities but few new types of crime. What distinguishes cybercrime from traditional criminal activity? Obviously, one difference is the use of the digital computer, but technology alone is insufficient for any distinction that might exist between different realms of criminal activity. Criminals do not need a computer to commit fraud, traffic in child pornography and intellectual property, steal an identity, or violate someone’s privacy. All those activities existed before the “cyber” prefix became ubiquitous. Cybercrime, especially involving the Internet, represents an extension of existing criminal behaviour alongside some novel illegal activities.

Most cybercrime is an attack on information about individuals, corporations, or governments. Although the attacks do not take place on a physical body, they do take place on the personal or corporate virtual body, which is the set of informational attributes that define people and institutions on the Internet. In other words, in the digital age our virtual identities are essential elements of everyday life: we are a bundle of numbers and identifiers in multiple computer databases owned by governments and corporations. Cybercrime highlights the centrality of networked computers in our lives, as well as the fragility of such seemingly solid facts as individual identity.

An important aspect of cybercrime is its nonlocal character: actions can occur in jurisdictions separated by vast distances. This poses severe problems for law enforcement since previously local or even national crimes now require international cooperation. For example, if a person accesses child pornography located on a computer in a country that does not ban child pornography, is that individual committing a crime in a nation where such materials are illegal? Where exactly does cybercrime take place? Cyberspace is simply a richer version of the space where a telephone conversation takes place, somewhere between the two people having the conversation. As a planet-spanning network, the Internet offers criminals multiple hiding places in the real world as well as in the network itself. However, just as individuals walking on the ground leave marks that a skilled tracker can follow, cybercriminals leave clues as to their identity and location, despite their best efforts to cover their tracks. In order to follow such clues across national boundaries, though, international cybercrime treaties must be ratified.

In 1996 the Council of Europe, together with government representatives from the United States, Canada, and Japan, drafted a preliminary international treaty covering computer crime. Around the world, civil libertarian groups immediately protested provisions in the treaty requiring Internet service providers (ISPs) to store information on their customers’ transactions and to turn this information over on demand. Work on the treaty proceeded nevertheless, and on November 23, 2001, the Council of Europe Convention on Cybercrime was signed by 30 states. The convention came into effect in 2004. Additional protocols, covering terrorist activities and racist and xenophobic cybercrimes, were proposed in 2002 and came into effect in 2006. In addition, various national laws, such as the USA PATRIOT Act of 2001, have expanded law enforcement’s power to monitor and protect computer networks.

Types of cybercrime

Cybercrime ranges across a spectrum of activities. At one end are crimes that involve fundamental breaches of personal or corporate privacy, such as assaults on the integrity of information held in digital depositories and the use of illegally obtained digital information to harass, harm, or blackmail a firm or individual. These new cybercapabilities have caused intense debate. Pegasus spyware, for instance, according to its creator, the Israeli cyber-intelligence firm NSO Group, is sold exclusively to government security and law enforcement agencies and only for the purpose of aiding rescue operations and battling criminals, such as money launderers, sex- and drug-traffickers, and terrorists. Yet, the smartphone-attached spyware, which can steal private data without leaving an obvious trace of its activities, has been widely used covertly by governments to track politicians, government leaders, human rights activists, dissidents, and journalists. It was even used to track Saudi journalist and U.S. resident Jamal Khashoggi months before his murder and dismemberment by Saudi agents in October 2018. Also at this end of the spectrum is the growing crime of identity theft.

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Midway along the spectrum lie transaction-based crimes such as fraud, trafficking in child pornography, digital piracy, money laundering, and counterfeiting. These are specific crimes with specific victims, but the criminal hides in the relative anonymity provided by the Internet. Another part of this type of crime involves individuals within corporations or government bureaucracies deliberately altering data for either profit or political objectives. At the other end of the spectrum are those crimes that involve attempts to disrupt the actual workings of the Internet. These range from spam, hacking, and denial of service attacks against specific sites to acts of cyberterrorism—that is, the use of the Internet to cause public disturbances and even death. Cyberterrorism focuses upon the use of the Internet by nonstate actors to affect a nation’s economic and technological infrastructure. Since the September 11 attacks of 2001, public awareness of the threat of cyberterrorism has grown dramatically.