what is cybercrime law essay

Cyber Crime Essay for Students and Children

500+ words essay on cyber crime.

Cyber Crime Essay – Everybody thinks that only stealing someone’s private data is Cyber Crime. But in defining terms we can say that ‘Cyber Crime refers to the use of an electronic device (computer, laptop, etc.) for stealing someone’s data or trying to harm them using a computer.

Besides, it is an illegal activity that involves a series of issues ranging from theft to using your system or IP address as a tool for committing a crime.

Types of Cyber Crime

Speaking in a broadway we can say that Cyber Crime are categorized into four major types. These are Financial, Privacy, Hacking, and Cyber Terrorism.

The financial crime they steal the money of user or account holders. Likewise, they also stole data of companies which can lead to financial crimes. Also, transactions are heavily risked because of them. Every year hackers stole lakhs and crores of rupees of businessmen and government.

Privacy crime includes stealing your private data which you do not want to share with the world. Moreover, due to it, the people suffer a lot and some even commit suicide because of their data’s misuse.

In, hacking they intentional deface a website to cause damage or loss to the public or owner. Apart from that, they destroy or make changes in the existing websites to diminish its value.

Modern-day terrorism has grown way beyond what it was 10-20 years ago. But cyber terrorism is not just related to terrorists or terrorist organizations. But to threat some person or property to the level of creating fear is also Cyber Terrorism.

Get the huge list of more than 500 Essay Topics and Ideas

Cyber Crime in India

Web world or cyberspace is a massive community of millions and billions of users and websites. Also, people access it for different uses like shopping, movies, music, video games, transactions, and e-commerce, etc.

In this Age of Technology and easy access to the internet, anyone can easily reach it. Because of this fast pace growth from the previous decade. Besides, the internet has opened a world of information on which anyone can connect.

Due to, this the rate of crime especially the rate of Cyber Crime has increased much fold. Moreover, the rate of circulation of data is also increased much fold due to the higher speed of internet. Above all, due to all these issues, the Cybersecurity has become a major concern for society.

Laws related to Cyber Crimes

To stop the spread of Cyber Crime and to safeguard the interest of people the government has made several laws related to Cyber Crimes. Also, these laws serve as protection against Cyber Crime. Apart from that, the government has also introduced cyber cells in police stations to counter the problem of Cyber Crime as fast as they can.

Ways of stopping Cyber Crime

Cyber Crime is not something which we cannot deal with our self. Likewise, with little use of our common sense and logic, we can stop Cyber Crimes from happening.

To conclude, we can say that Cyber Crime is a dangerous offense to someone’s privacy or any material. Also, we can avoid Cyber Crime by following some basic logical things and using our common sense. Above all, Cyber Crime is a violation of not only law but of human rights too.

{ “@context”: “https://schema.org”, “@type”: “FAQPage”, “mainEntity”: [{ “@type”: “Question”, “name”: “What is the main cause of Cyber Crime?”, “acceptedAnswer”: { “@type”: “Answer”, “text”: “The greed for quick money and the desire to get famous quickly are the two main reasons of Cyber Crime. Also, most of the targets of Cyber Crime banks, businessman, financial firms, etc.” } }, { “@type”: “Question”, “name”: “What is the punishment of Cyber Crime in India?”, “acceptedAnswer”: { “@type”: “Answer”, “text”:”If the person is found guilty then there are several punishments based on the level of crime. A simple crime can cost you a fine while a bigger crime can lead you to jail.”} }] }

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Cybercrime: Victimization, Perpetration, and Techniques

• Published: 10 November 2021
• Volume 46 , pages 837–842, ( 2021 )

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• James Hawdon   ORCID: orcid.org/0000-0002-0273-2227 1  

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The creation of the World Wide Web revolutionized communication. At the turn of the twenty-first century, roughly 413 million people used the internet (Roser & Ortiz-Ospina, 2015 ). A mere 21 years later, nearly 4.7 billion people, or about 60% of the world’s population, actively use the internet (We Are Social, & DataReportal, & Hootsuite, 2021 ). The pace of innovation in information technology, from the introduction of email in the 1960s to the rise of multiple social media platforms in the early 2000s to the rise of the Internet of Things (Iot) and 5 g, has been astonishing. It is now almost inconceivable to imagine life without access to the internet. Yet the IT revolution, like all technological revolutions, has been a dual-edge sword. Indeed, the internet’s many benefits and drawbacks have been discussed in numerous forums, and these discussions will undoubtedly continue as long as we remain dependent on this technology. This special edition of the American Journal of Criminal Justice contributes to those discussions by considering one of the drawbacks: cybercime.

Cybercrime, or the use of computer technology or online networks to commit crimes, ranges from fraud and identity theft to threats and intimidation. Cybercrime and its many manifestations has clearly increased over the past 20 years. For example, cybercrime costs increased from approximately $3 trillion in 2015 to more than $6 trillion in 2021, and these are expected to increase to over $10.5 trillion by 2025 (Morgan, 2020 ). In the U.S. alone, approximately 23 percent of households experience some sort of cybercrime annually (Reinhart, 2018 ; Hawdon et al., 2020 ). Indeed, in the same way that larceny characterized the twentieth century, cybercrime is characterizing the twenty-first century (Albanese, 2005 ). And these facts just reflect the economic costs of cybercrime and do not account for the non-monetary harms caused by cyberviolence. Cyberstalking, online sexual exploitation, cyber-harassment and bullying, threats of violence, and online violent extremism are also commonly committed acts of cyberviolence (FBI, 2021 ).

In many ways, it is unsurprising that cybercrime has increased in recent years. As technology becomes more sophisticated, so do cybercriminals, and cybercriminals now target individuals, businesses, healthcare facilities, educational institutions, and governments. As more people engage in an ever-increasing variety of online activities and more businesses conduct their affairs online, it is predictable that there would be a rise in cybercrime. To use the familiar language of Routine Activity Theory (Cohen & Felson, 1979 ), we have a lot more suitable targets in insufficiently guarded space being victimized by an increasing number motivated offenders. It is also unsurprising that there is a growing body of literature dedicated to cybercrime as scholars scramble to understand the ever-evolving phenomena. Entire journals are now dedicated to its study, and new academic disciplines have been created to try to prevent it. While our understanding of cybercrime has accumulated quickly and impressively, there is so much about cybercrime that we still do not know. This special issue of the A merican Journal of Criminal Justice offers nine new articles to help fill that knowledge gap.

The articles included in this issue reflect three broad areas of cybercrime research: cybercrime victimization, cybercrime perpetration, and techniques and facilitators of cybercrime. While there is some overlap, the issue includes three papers focused on each of these three areas.

The first area covered in the special issue focuses on cybercrime victimization. This area has generated the most research to date. In part because victims of cybercrime are relatively easy to find, considerable research has been conducted on cybervictimization across a variety of cybercrimes. Three of the articles in this special issue focus on cybervictimization, and they add to the literature in interesting ways by providing cross-national perspectives, building on theoretical traditions, or providing systematic summaries of the state of field at this time.

The first article in this section by Michelle Wright and a team of colleagues investigates how adolescent from China, Cyprus, the Czech Republic, India, Japan, and the United States explain being a victim of cyberbully. The investigation compares if how adolescents explain victimization varies by setting (private vs. public), medium (offline vs cyber), and severity and if cultural differences alter these relationships. Their findings suggest the need for prevention and intervention efforts to consider the role of setting, medium, severity, and cultural values if they are to be successful.

The second paper focusing on victimization builds on the frequent finding that problematic social media use is associated with negative life experiences and provides empirical support for a theoretical link between problematic social media use and cybervictimization. The analysis, conducted by colleagues Eetu Marttila, Aki Koivula, and Pekka Räsänen, is framed in Routine Activity Theory/Lifestyle-Exposure Theory. The results indicate that not only is problematic social media use strongly correlated with cybervictimization in a between-subject analysis, but within-subject analyses also reveal that problematic social media use has a cumulative effect on victimization.

The third paper bridges research on cybercrime victimization and cybercrime perpetration and provides a glimpse at the state of knowledge about a specific form of cyberviolence. Catherine Marcum and George Higgins conduct a systematic review of literature investigating both offending and victimization of cyberstalking, cyberdating abuse, and interpersonal electronic surveillance. Using a number of electronic databases, the authors focus on 31 studies to identify correlates of involvement in these cybercrimes. Victims are disproportionately female. Other correlates of victimization include overall social media use, risky online behavior, and negative external factors such as being attached to abusive peers. Correlates of perpetration provide support for a number of leading criminological theories as perpetrators tend to have low levels of self-control, associate with delinquent peers, and have low levels of parental supervision. As more research is conducted, there is a great need for more systematic literature reviews so we can begin to better refine our understanding and identify the theoretical approaches that provide the most insight into the world of cybercrime.

There are another three articles included in this special issue that focus on cybercrime perpetration. All three articles test traditional criminological theories and find support for them. In the first, Adam Bossler uses Sykes and Matza’s ( 1957 ) techniques of neutralization to examine the effects of techniques of neutralization on college students’ willingness to commit cybercrime, specifically hacking websites to deface them or compromise foreign and domestic financial and government targets. An overall techniques of neutralization scale significantly predicts being willing to commit cyberattacks even after controlling for other relevant factors. In addition to the theoretical implications of finding strong support for Sykes and Matza’s framework, the findings also have implications for situational crime prevention efforts aimed at removing excuses for offenders.

In another article focusing on perpetration, Thomas Dearden and Katalin Parti use a national online sample of 1,109 participants and find strong support for social learning theory as measures of both online and offline social learning correlate with a measure of cyber-offending. However, the authors also argue that self-control will interact with social learning variables to further influence the likelihood of cyber-offending. Overall, they find that both social learning and self-control, individually and as an interaction, are good predictors of cyber-offending.

In the final article dedicated to investigating the perpetration of cybercrime, Ashley Reichelmann and Matthew Costello use a nationally representative sample to explore how various dimensions of American national identity relate to producing online hate materials. The analysis reveals that higher levels of salience and public self-regard are weakly related to producing online hate. However, the findings suggest that understanding the nuances of “what it means to be American” is important for fully understanding the phenomenon of cyberhate, especially in this polarizing time when what it means to “be American” is frequently questioned.

Another three articles deal with perpetrating cybercrimes or “pseudo-cybercrimes,” but their focus is on how these crimes are committed. That is, the investigations deal with using the Dark Web or the surface web to make illegal or pseudo-legal purchases of illegal or quasi-legal substances. In the first paper in the section, Eric Jardine provides a crime script for purchasing drugs on the Dark Web. The script involves four generic stages (i.e. Informational Accumulation; Account Formation; Market Exchange; Delivery/Receipt) and provides an opportunity to review known law enforcement interventions that have effectively targeted each stage of the script to reduce the use of these online markets. The paper highlights numerous steps that law enforcement could take to effectively reduce the illegal selling and purchasing of drugs on the Dark Web.

Next, Robert Perdue engages in green criminology and focuses on the illegal trade of endangered species. Noting that regulating this trade is a critical, and very difficult, challenge for conservationists and law enforcement agents, Perdue examines the role the Internet plays in critically endangered plant transactions, but instead of focusing on the Dark Web, he investigates eBay to understand the extent to which such trades occur in plain sight. He finds that nearly a third of the critically endangered plant species examined were for sale in some form on eBay. Yet, despite the evidence that there is a high degree of open trading in these species, the complexity of the international legal frameworks regulating these transactions makes it difficult to ascertain their legality. Nevertheless, at least a subset of these sales are probably unlawful.

Finally, J. Mitchell Miller and Holly Ventura Miller provide insight into the computer-facilitated gray market of pseudo-legal marijuana sales in Los Vegas, Nevada. The ethnographic study reveals how various cannabis products are illegally diverted from legal markets to the gray market, and how brokers use the Internet in clever ways to advertise their products and services to a public that is likely unaware that they are engaging in illegal activities by skirting the regulations and tight control of the legal market.

Taken together, these three papers highlight the tremendous difficulties with regulating e-commerce. While the Dark Web provides an environment to conduct illegal transactions with minimal risk, it turns out that the Dark Web may be unnecessary for many illegal cyber-purchases. Given the surface web is convenient, widely available, and scarcely policed, many cybercriminals simply commit their crimes in the open. Using the language of Routine Activity Theory again, the internet—Dark or Surface—is an environment largely devoid of capable guardians.

As a whole, I believe these nine papers speak to the current state and future promise of cybercriminology. Currently, we are building a large body of empirical studies that speak to patterns of victimization and perpetration. With respect to victimization, we have learned a lot about who is likely to be victimized and how the patterns of victimization vary by type of cybercrime. We also have a good understanding of the activities that increase the likelihood of victimization, the emotional and financial costs of being a victim, and how people view victims depending on the setting and type of victimization. The body of evidence supporting a slightly modified version of Routine Activity Theory/Lifestyle-Exposure Theory is increasingly impressive, and the papers by Marttila, Koivula, and Räsänen as well as the article by Marcum and Higgins offer additional support for aspects of this theoretical approach.

Similarly, our understanding of cybercrime perpetration has expanded exponentially in recent years. While finding samples of cybercriminals is always a challenge, the growing body of evidence suggests that the behavior of cybercriminals is largely explained by the same set of factors that can account for the behavior of more traditional criminals. That is, cybercriminals tend to have low levels of self and social control, are largely unsupervised, experience strains, and learn the how, when, and why of their crimes from their associates. The papers in this issue offer additional support for techniques of neutralization, social learning theory, and self-control theory. While there are nuanced differences in how some criminogenic factors play out in the virtual and offline worlds, our existing theories appear to be robust as many of our theories apply to both online and offline criminal behavior. A number of the differences that exist largely relate to the asynchronous nature of many online interactions. The fact that online interactions can occur synchronously as well as asynchronously expands our networks and provide additional opportunities for others beyond our immediate environment to influence us and for us to commit crimes. The full ramifications of these changes in social networks, criminogenic forces, and criminal opportunities are not understood; however, we understand these far better today than we did even just a few years ago.

We also have a far greater understanding of the techniques of committing cybercrimes. We know considerably more about the use of the Dark Web to find and purchase illegal goods and services, and we have learned that the Surface Web plays a significant role in computer-dependent crimes. Moreover, as the article by Miller and Miller highlights, information technology has helped blur the line between legal, pseudo-legal, and illegal behaviors. What work in this area really highlights is how difficult it is to monitor and police the internet. While there is certainly social control exercised on the internet, there are limits to the effectiveness of this control (see Hawdon et al., 2017 ). Yet, by understanding the patterns of victimization, the underlying causes of perpetration, and the techniques that facilitate cybercrime, we become better armed in designing strategies to prevent it, defend against it, mitigate its adverse effects, and prosecute those who commit it. All of the articles included in this issue further that understanding.

The Special Issue

The process of selecting the articles for this special issue was perhaps unusual but also rather intensive. The process began by me inviting a group of scholars to submit manuscripts for the special issue. I selected these scholars because I knew of their work and was confident they would submit quality papers that covered a wide range of topics in the area of cybercrime. After discussing their planned submissions with the authors to assure there would be good topic coverage, the authors submitted their paper. An anonymous scholar and I reviewed these initial submissions (the anonymous scholar served as a typical double-blind reviewer). Each contributing author also reviewed one or two of the included articles. Authors then revised their work based on the reviewers’ comments and resubmitted the papers. Each contributing author was then asked to read all nine revised papers. Then, the authors and I took advantage of the brief pause in the COVID-19 pandemic and gathered for a two-day workshop in Asheville, North Carolina as part of the Center for Peace Studies and Violence Prevention’s annual research workshop program. The lone exception to this was our Finnish colleagues who were unable to get a special visa to visit the U.S. at that time. These colleagues joined the workshop via Zoom. The authors/workshop participants then discussed and provided feedback on all of the articles. The authors then made final revisions to their papers based on these discussions. Thus, these papers have been through three rounds of revisions. As the editor of the special edition, I am proud of the finished product.

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Hawdon, J. Cybercrime: Victimization, Perpetration, and Techniques. Am J Crim Just 46 , 837–842 (2021). https://doi.org/10.1007/s12103-021-09652-7

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Published : 10 November 2021

Issue Date : December 2021

DOI : https://doi.org/10.1007/s12103-021-09652-7

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A Journal of Law, Technology & Society https://script-ed.org?p=695

A Journal of Law, Technology & Society

Criminal law and Cyberspace as a Challenge for Legal Research

Bert-Jaap Koops *

The Internet transforms crime and crime-fighting, which has fundamental implications for the law and legal research. Since online and offline activities are seamlessly integrated, cybercrime is no longer a specialist field but affects the core of 21st-century criminal law. The transformation of crime exposes gaps in substantive and procedural criminal law, creating three types of challenges. First, regulatory challenges, e.g., how to deal with sovereignty and jurisdiction conflicts in borderless cyberspace. Second, normative challenges, such as value conflicts related to Internet content. Third, technological challenges, related to secure computing and value-sensitive design. The interplay of these challenges should lie at the heart of criminal-law research in the cyberspace age.

Classic legal research often addresses problems in a one-dimensional manner: the law is taken as a given and then applied to a societal issue, or a social development is used to argue why and how the law should change. However valuable such research can be, legal research needs to factor in the role that technology increasingly plays in law and society, as well as the process of the mutual shaping of regulation, technology, and society. This calls for multidisciplinary research aiming for prudent solutions to regulatory problems. If criminal law is to stay abreast of the 21 st century challenges of crime permeated by cyberspace, dogmatic understanding of the criminal law system itself no longer suffices. Rather, researchers need to be well-versed in regulation theory, adopting concepts like the regulatory tool-box and multi-level governance, to meet the challenges of globally, digitally networked crime.

Cite as: B-J Koops, “Criminal law and Cyberspace as a Challenge for Legal Research”, (2012) 9:3 SCRIPTed 354 http://script-ed.org/?p=695

DOI: 10.2966/scrip.090312.354

© Bert-Jaap Koops 2012.

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 UK: Scotland License .

1. Introduction

The media regularly report stories of different forms of cybercrime, with varying degrees of seriousness. The lonesome hacker who manages to penetrate the system of a multinational and who copies a customer-record database. The group that calls itself Anonymous, blocking websites of companies that do things Anonymous don’t approve of (such as cutting off payments to WikiLeaks). The mysterious virus that brings down Iranian power-plants. The clumsily phrased email, asking to ‘contact attorney Mzulukwulu to retrieve your inheritance’ from a Zambian widow you’ve never heard of.

However fascinating such examples are, should they be of interest to anyone but the odd specialist in law & technology studies? Do not the average criminal lawyer and the average legal researcher have to address rather more important things, things that happen in the real world and that have physical rather than virtual consequences?

I would argue that the answer to both questions is no. Cyberspace should interest everyone who is involved in criminal law. The classic view of cybercrime, centred on the lonesome, nerdy hacker, is largely based on fiction, a fiction from the 1980s and 1990s. [1] Reality has changed dramatically, causing a step-change in cybercrime and its consequences for the ‘real world’. [2] Cybercrime is no longer about peer reputation among whiz kids, it’s all about money – big money. A considerable black market caters for all kinds of criminals, where you can buy a bunch of credit-card numbers (including the codes on the back) for a couple of dollars, or rent a network of zombie computers for an hour to spread your spam or block your favourite villain’s website. [3] Moreover, as the Internet integrates seamlessly into our economy, politics, and social life, any attack on or from cyberspace is an attack on the real world. Cybercrime is real crime, and increasingly, real crime has a cyber-element to it.

In this paper, I want to investigate the challenges that cybercrime and cyberspace bring to the law, and consequently also to legal research, based on the premise that the Internet has become so fundamental a part of life that it can no longer be ignored by criminal law or research in criminal law. After sketching the characteristics of the Internet and cybercrime and highlighting some tensions that these bring to the functioning of criminal law (section 2), I will discuss the consequent challenges for law and legal research. At a conceptual level, these challenges are threefold in character: regulatory, normative, and technical. The challenges are inextricably intertwined, however, and I argue that it is the mutual shaping of regulation, norms, and society that should be the focal point of analysis (section 3). This leads to the conclusion that criminal-law research requires a broad perspective on regulation and a multidisciplinary approach (section 4).

2. The Internet, Cybercrime, and Criminal Law

2.1. the opportunity structure for cybercrime.

The Internet is global and allows for real-time connections between people regardless of their location. Hence, time, distance, and borders are much less important than in traditional crime. Being a network of networks that allows for automated processing and transfer of digitised data at the speed of light, on an unprecedented scale, the Internet is transforming many aspects of society. Because of these characteristics, it also provides special opportunities to commit crimes, which is important from a criminological perspective:

Routine activity theory (and, indeed, other ecologically oriented theories of crime causation) thus appears of limited utility in an environment that defies many of our taken-for-granted assumptions about how the socio-interactional setting of routine activities is configured. [4]

Crime in which computer networks are the target or a substantial tool are usually called ‘cybercrimes’. The committing of these crimes is facilitated by a combination of many characteristics of the Internet, which together create a unique opportunity structure for cybercrime. These characteristics are: global reach, deterritorialisation, flexible network structure, anonymity, distant offender-victim interaction, manipulability of data, automation of crime, massive scale, aggregation of negligible damages, targeting information as a commodity, limitations to capable guardianship, and rapid innovation cycles. [5]

This opportunity structure supports the suggestion that ‘cybercrime’ does indeed represent the emergence of a new and distinctive form of crime. [6] Even if cybercrime to some extent recreates traditional forms of crime, such as fraud, theft, and sabotage – representing old wine in new bottles – its scale and variety imply that ‘we are dealing with an awful lot of wine in very many, differently shaped and capacious bottles’. [7]

Convictions for these crimes are still relatively rare (compared to other crimes), but this does not mean cybercrime is not prevalent. [8] Theory and anecdotal evidence suggest that cybercrime is becoming organised, large-scale, diversified with increasing division of labour, and it is expected to develop increasing ties with offline organised crime. [9] Indeed, because of the network effects of globalisation, the information economy, and the automation of victim-offender relationships, the Internet is transforming the way crime is being committed, resulting in a move from traditional, physical crime in the direction of cybercrime. [10]

2.2. Cybercrime and Criminal Law

Sometimes, cybercrimes can be relatively easily dealt with in the existing legal system. A cyber-variant of a traditional crime can be punishable under an existing provision, such as forgery, [11] or it can be made punishable by reformulating the provision (e.g., by adapting the provision on fraud to include obtaining computer data through false pretences). However, it is not easy to bring more computer-specific offences, such as those targeted at the confidentiality, integrity, or availability of computer systems, under traditional provisions, so that computer-specific offences need to be introduced in the criminal law. And legislatures cannot rest at that: on-going developments in computer technology require the legislature to remain ever vigilant to fill gaps in criminalisation, for example, to deal with new forms of identity theft or search-engine manipulation.

More important even than gaps in substantive law, are potential limitations in procedural law. The existence of ‘data havens’- countries in which certain forms of cybercrime are not penalised, and which therefore cannot provide mutual legal assistance in the absence of double criminality – is a familiar spectre in cybercrime debates. Moreover, mutual legal assistance is traditionally too slow to deal with investigation in cyberspace, where evidence can be destroyed with a few mouse clicks or moved from Belgium to Belize within seconds.

National and international legal instruments are doing their best to fill existing gaps in substantive and procedural law. For example, the Council of Europe’s Cybercrime Convention [12] has done a good job in ensuring minimum levels of adequate legislation and enhancing mutual assistance among the currently thirty-seven party states, and it is serving as a model for legislation in non-member states as well.

But the problems go deeper than possible gaps in substantive and procedural law. First, cybercrime challenges some fundamental concepts of criminal law. In the 1980s and 1990s, many countries discussed whether computer data should be considered property, mainly with a negative answer, since data are intangible and multiple while property is more physical and has unique ownership. The issue seemed to have been addressed satisfactorily, but is now back on the agenda with the advent of ‘virtual goods’, such as objects with unique ownership in online games or virtual worlds that are worth real-world money. The Dutch Supreme Court recently ruled that, depending on the circumstances, such virtual goods could be the object of theft, [13] thus considerably expanding, or at least re-interpreting, the notion of ‘property’ in criminal law. Another example of challenged concepts, at a different level, is the de minimis principle that behaviour should only be criminalised if it causes more than a minimum level of harm. Some forms of cybercrime may not pass this minimum threshold for individual persons. For example, a computer virus that slows down your computer and that requires some effort to remove, but because millions of people can be affected, the net result could constitute considerable harm at a societal level. And even if the act is punishable in theory, which country will take up investigation and prosecution if a relatively small portion of the global victims, each with small amounts of harm, lives in its jurisdiction? [14]

Second, the investigation of cybercrimes poses considerable problems. Even disregarding the issue of cross-border investigation and mutual legal assistance, investigating and prosecuting a cybercriminal requires substantial effort as well expertise, both of which, in a context of scarce resources, could be dedicated to other crimes that are easier and more efficient to prosecute, or that rank higher on the political agenda. Finding and securing digital traces is a specialist job, and even if sufficient digital evidence of a cybercrime is found, this usually traces back to the perpetrator’s computer, but not necessarily to the person who was behind the computer at the material time. There is also a lack of formal standardisation or legal procedures for collecting, preserving, and presenting digital evidence, thus calling the evidence’s reliability into question.

Third, and perhaps most importantly, cyberspace confuses the boundaries of criminal law. Increasing attention is being paid to cyber-warfare, in addition to risks of cyber-terrorism which have been recognised for some time. The doctrinal distinction between crime, terrorism, and international armed conflicts hinges on the perpetrator (an individual, a group, or an organisation associated with a state?) – and his motivation (personal gain, implanting terror, disrupting society or overthrowing the government?). While this distinction theoretically also applies to the cyber-variants of crime, terrorism, and warfare, it is very difficult to ascertain who exactly is behind a cyber-attack and what exactly the attacker’s motivation might be. The difficulty of attribution presents immense challenges in fashioning an appropriate legal response. For example, which institution should take the lead in the response – the public prosecutor, the security agency, or the ministry of defence? [15] But also closer to the area of criminal law itself, the Internet facilitates state interventions that cannot be neatly categorised as a criminal investigation, a prosecution, or an execution of sanctions. Intelligence-led policing, with large-scale data collection and data mining in its wake, is often not targeted at a specific crime but rather at wide-ranging groups of ‘interesting people’. Resulting interventions are not necessarily focused on preparing a criminal trial, but at taking certain administrative decisions or at simply disrupting possible criminal behaviour. Such practices of criminal law do not fit well in the traditional scheme of crime → investigation → criminal trial → criminal sentence. This requires us, among other things, to rethink the legal protection of citizens in the form of new checks and balances in the criminal legal system. [16]

3. Challenges for Law and Legal Research

While the previous section highlighted some of the more fundamental problems that criminal law faces through the Internet and cybercrime, here I want to tie these problems together at a conceptual level, in order to better understand the challenge of cyberspace for law and legal research. The aim of law is to regulate society, and criminal law is a particular type of law meant to address particularly pressing social problems that other regulatory instruments cannot sufficiently address themselves. While (criminal) law mediates between regulator and regulatees, technology mediates between developers or suppliers of technology and technology users. Moreover, the behaviour of people – regulatees and technology users – is also shaped by the norms embedded in particular social contexts, often in the form of institutions (cultures, traditions, practices). This can be schematised as follows:

I suggest that the challenge of cyberspace to the law and legal research is found in all three dimensions of this scheme. Thus, we can distinguish regulatory, normative, and technical challenges. I will illustrate each dimension of the challenge by discussing some illustrative examples in the following sections.

3.1. Regulatory Challenges

One of the most fundamental tenets in criminal law is national sovereignty. More than any other area of the law, criminal law is tied up both with the cultural values of a nation and with the sovereign exercise of power over citizens on a territory. There is an obvious tension between the global character of the Internet and the nation-based exercise of criminal law. The practical solution regulators have found to deal with this tension is to harmonise national laws and to co-operate with mutual assistance as much as possible. [17] But ‘as much as possible’ leaves much room for national divergence. Is this pragmatic approach, which does little to address the issue of national sovereignty, sustainable in the longer term?

Around the year 2000, two Russian citizens, Alexey Ivanov and Vasily Gorshkov, were lured to the United States by the FBI, who tricked them into giving their passwords and subsequently accessed their Russian computers to obtain evidence of hacking. The US court convicting Gorshkov and Ivanov found that Russian law had not been violated by the extraterritorial FBI search; however, Russia filed charges against the FBI officials for hacking computers on Russian territory. [18] A similar discrepancy of views on sovereignty can be seen in countries collecting data stored abroad by asking the voluntary help from service providers, such as Google, to retrieve someone’s e-mail messages. According to Art. 32(b) of the Cybercrime Convention, this data collection is lawful if the service provider is in the lawful position – typically stipulated in the general terms and conditions – to forward the data to the foreign authorities. This is contested, however, not only by Russia but also by Slovakia and Ukraine, both parties to the Cybercrime Convention. [19] This illustrates fundamental differences of opinion among regulators about how Internet searches should be regulated, based on diverging interpretations of threats to national sovereignty.

Another example of cybercrime’s challenge to sovereignty can be seen in jurisdiction claims over cybercriminal acts. While most countries claim jurisdiction based on the location of the act, including its effects, and sometimes on grounds of nationality of the perpetrator or victim, some countries have extremely wide-reaching jurisdiction claims. [20] Malaysia’s Computer Crime Act applies “if, for the offence in question, the computer, program or data was in Malaysia or capable of being connected to or sent to or used by or with a computer in Malaysia at the material time”. [21] Since all computers nowadays – including smartphones – are ‘capable of being connected’ to a Malaysian computer, any cybercrime can in theory be prosecuted by the Malaysian authorities. Even without such broad provisions, jurisdiction might easily be established over foreign websites. In the case of Joseph Weiler, a US journal editor who was sued in France for an allegedly defamatory book review, the French court applied the standard that the book review, hosted in the US, should be considered to have been published in France, and therefore falling under French jurisdiction, if the book review “[were] accessible from France or [were] actually consulted in France” at the material time. Since the complainant in this case had not provided evidence that someone from France had actually consulted the website, France did not have jurisdiction. [22] Yet this standard implies that if someone can provide evidence that a foreign website was accessible in a certain country – which is easy to do – that country can claim jurisdiction over the website.

Such provisions not only raise questions about the adage that every citizen is supposed to know the law (should Internet users study the laws of all countries which they “are capable of connecting to” when entering cyberspace?) but also about jurisdiction conflicts, arising from the fact that many countries can claim jurisdiction over a cybercrime at the same time.

These examples may serve to illustrate the regulatory challenge that cyberspace poses to national sovereignty as a fundamental element of criminal law. While countries are very hesitant to give away sovereignty by allowing foreign criminal investigations in its territory, but at the same time rather liberal in claiming jurisdiction over cybercrimes, tensions such as those between Russia and the US are bound to emerge more often as cybercrime continues. Legal research has a prime topic here to try and find ways to make global cybercrime-fighting compatible with the political reality of national sovereignty.

3.2. Normative Challenges

Yahoo! hosted a website where Nazi memorabilia were offered for sale. Although the website was hosted on US servers, Yahoo! was taken to a court in France by the Ligue contre le racisme et l’antisémitisme and the Union des étudiants juifs de France. The French court found the website in violation of the French Criminal Code and ordered Yahoo! to make the website inaccessible to French netizens. Yahoo! subsequently went to a US court to claim its First Amendment right to publish the website. The District Court ruled the French verdict to be inapplicable in the US. This was overturned by the Court of Appeals which found that the court had no personal jurisdiction over the French litigants. [23] Although the French court only ordered Yahoo! to make the content unavailable to French users, the service provider chose to take down the site altogether.

The case is an eminent illustration of the conflict of values that may emerge on the Internet, where content that is lawful in one country can be illegal in another. This has led to an increasing use of geolocation to fine-tune Internet content to the country (or states in a federal jurisdiction) of website viewers. [24] Nowadays, most Internet Protocol (IP) addresses are fixed and traceable to a certain country that distributed the IP address, which enables the service provider to recognise the geographic origin of web-users. As a result, Google, for example, shows different search results for certain terms depending on whether one uses google.de, google.nl, or google.com. Still, it is challenging, perhaps even impossible, to satisfy all countries’ normative standards for content. Many Asian countries, for example, have provisions outlawing pornography or other content considered immoral, often using fuzzy terms that can be interpreted according to current moral standards. For example, the Indonesian Information and Electronic Transactions Act prohibits the distribution or causing to be accessible of ‘electronic information and/or electronic documents with contents that violate decency [ kesusilaan ]’. [25] Of course, service providers are in no position to determine which content violates current Indonesian standards of decency, and geolocation technologies will therefore not help to prevent conflicts over website content in different value systems.

Another key example of conflicting values is the online battle over intellectual property rights (IPR), where Internet users, activist groups, content providers, and collective IPR organisations have rather different views on what are acceptable forms of content sharing. This has not only led to courts ordering ISPs to block access to file-sharing websites, but also to laws, such as the French HADOPI, requiring access providers to cut off users from the Internet if they systematically infringe copyrights. [26] The value conflict between (intellectual) property and free access to information will continue to rage for a considerable period of uncertainty, which will see varying legal instruments for stricter copyright enforcement as well as new business models for innovative content exploitation. [27]

What these examples illustrate is a key normative challenge in cybercrime law and research. That is, how to reconcile the existence of varying local value systems with the global spread of content that is one of the core assets of the Internet? This question lies at the heart of what Brownsword terms ‘regulatory cosmopolitanism’, or the aim of globally safeguarding fundamental or universal values with an appropriate margin for legitimate local differences, arguably one of the most fundamental challenges in Internet regulation. [28]

3.3. Technical Challenges

The Internet has evolved since the 1960s into an extremely complex network with a variety of protocols to route traffic as efficiently and robustly as possible. The open character of the Internet, with its focus on ‘intelligence at the ends’ – add-ons of applications and content by end-users – rather than in the infrastructure itself, comes with the downside of making it difficult to prevent malicious exploitation of weaknesses in the system. If we were to build the Internet now, it would be possible to devise an infrastructure that is much more robust against malware and network attacks, but the historical legacy of the Internet does not allow us to rebuild it from scratch. The challenge, therefore, is to build in security without curtailing too much of the openness of the existing system. [29]

Several fields take up this challenge by focusing on technical solutions, such as non-manipulable end-user software and hardware [30] or mandatory authentication of Internet users. [31] Such solutions, however, face substantial obstacles of scalability, industry or user adoption, and the impossible-to-exclude possibilities for circumvention by malicious users. As a result, some proposals rely on a combination of technical measures with user education, even including the ultimate remedy of making end-users criminally liable for insufficient computer security if that leads to their computers being abused by others to commit cybercrimes. [32] Although user education may help to obtain a reasonable level of average security, cybercrime often exploits vulnerabilities in ways too sophisticated to be blocked by your average firewall or virus scanner. Enforcing criminal liability on zombie-computer owners for being an accessory to cybercrimes is therefore unfair and ultimately ineffective as a punitive measure. But how then should the responsibilities be distributed over the various Internet actors to improve computer security? A key technical challenge is to come up with robust and scalable security measures that are compatible with a fair distribution of responsibilities and liability among technology developers, intermediaries, and end-users.

3.4. The Mutual Shaping of Regulation, Society, and Technology

Distinguishing between regulatory, normative, and technical challenges may be a helpful way of putting the challenge of cyberspace to criminal law into perspective. Generally speaking, these challenges address different stakeholders: regulators, society, and technology developers, respectively. However, the distinction is artificial, in that the illustrative challenges I described are not restricted to a single dimension or to a single stakeholder. Indeed, to solve the puzzles one needs to engage with all dimensions to get the whole picture. For example, the issues of sovereignty in cross-border criminal investigation and jurisdiction over cybercrimes (described above as a primarily regulatory challenge) closely relates to differences in national value systems and to technical issues of geolocating ‘addresses in cyberspace’. Secure computing may be primarily a technical challenge, but it is intricately interwoven with the distribution of moral responsibilities and legal liability.

The main reason why the dimensions are closely knit, is that regulation, social norms, and technology are not set in stone and do not evolve in isolation. The law, social behaviour, and technology mutually influence each other, in a process of mutual shaping. [33] The law not only steers the development or use of technology, for example by safety product specifications or criminalisation of ‘misuse of devices’ (as in Art. 6 Cybercrime Convention) – the law also changes due to technological developments, for example when computer-generated child-abuse images are criminalised even though no children have been abused to make them, or when surveillance powers for criminal investigation are broadened through the advent of technologies such as automatic number-plate recognition. Moreover, these changes in law and technology interact with norms and social practices. For example, the ‘reasonable expectation of privacy’ – a primary yardstick in US Fourth Amendment case-law but also in the application of Art. 8 of the European Convention on Human Rights – partly depends on the extent to which a technology is in use with the general public. [34] The advent of social-networking sites also influences our conception of the public sphere, given the social practice of people publishing on (semi-)open spaces content that is often intended for specific audiences rather than for the general public. This raises questions on what the police can do to automatically monitor open-source spaces in the context of criminal investigations. Can the offline norm of reasonable expectation of privacy based on offline street surveillance be transposed to online surveillance of digital highways, or should we rethink how we conceive of this norm under the influence of what happens on the Internet?

4. Conclusion: The Way Forward for Legal Research

Classic legal research often addresses problems in a rather one-dimensional manner. Frequently, the law is taken as a given and then applied to a societal issue. One can, for instance, argue how harassing someone by creating a fake Facebook profile might be considered a form of stalking and is therefore subject to prosecution on that basis. Sometimes, a social development is taken as a given, and used to argue why and how the law should change. For example, the move from downloading to streaming video in child-porn networks implies that people no longer have child-abuse image in their possession but watch it in real-time online, thereby implying that not only intentional possession, but intentional access to child pornography should be criminalised as well.

However valuable such legal research can be, technology, and the role it plays in the interaction of law and society may provide the often missing link. Technology is shaped by, and at the same time itself shaping, social behaviour and legal and moral norms. [35] This implies that technological developments should not be taken for granted when they trigger legal or regulatory questions. Legal research needs to factor in the role that technology increasingly plays in law and society, in the process of the mutual shaping of law, society, and technology.

If criminal law is to stay abreast of the challenges of crime in the 21 st century, researchers need a broad perspective on regulation. A thorough dogmatic understanding of the criminal law system itself, focusing on concepts such as actus reus or equality of arms, no longer suffices to deal with crime permeated by cyberspace. The advent of organised, money-driven cybercrime that systematically exploits vulnerabilities in the Internet infrastructure to commit cyber-attacks on a global scale requires more complex analyses than merely asking how the cyber-attacks relate to substantive criminal provisions. The affordances of Internet investigations also call for in-depth reflection on the role of criminal investigation in a digitally networked world. We are challenged to rethink the boundaries of criminal investigation itself and to reinvent legal checks and balances in a practice of prevention-driven interventions, where the trial in court can no longer serve as the major touchstone of legal protection.

This implies that criminal law researchers need to be at least as well-versed in regulation theory as they are in criminal law dogmatics. Rather than considering law the only regulatory game in town, researchers should look at all the tools of the regulatory tool-box: besides law, also social norms (such as ethical values or social supervision by capable guardians), market mechanisms (such as business models and pricing mechanisms), and architecture or technology (such as road-bumps or filtering systems) can be used to steer human behaviour. [36] Criminological theories, such as routine activity theory and situational crime prevention, [37] provide additional insights to guide the development of criminal law and legal research in the area of cybercrime. [38] And given the global character of cyberspace, issues of criminal law must be addressed in awareness of the concept and practice of multi-level governance. [39]

Besides familiarity with such elements from regulation theory, the examples of regulatory, normative, and technical challenges also show the need for a multidisciplinary approach. If we aim for prudent solutions to regulatory problems, a purely legal perspective is too narrow. Insights from information science, public policy, Internet sociology, and network economics need to be factored in, if we want to prevent inventing legal solutions that look well on paper but that fail in practice. Ideally, multidisciplinary research should evolve into a truly interdisciplinary undertaking, that is, an approach in which legal, social, and technical theories, practices, and methods are integrated into a unified methodology. Only then are we really equipped to help criminal law find solutions for the problems caused by crime in a globally, digitally networked world.

* Professor of Regulation and Technology, TILT – Tilburg Institute of Law, Technology, and Society, Tilburg University, The Netherlands.

[1] D Wall, “Cybercrime and the Culture of Fear: Social Science Fiction and the Production of Knowledge about Cybercrime” (2008) 11 Information, Communication & Society 861-884.

[2] D Wall, Cybercrime. The Transformation of Crime in the Information Age , (Cambridge: Polity, 2007).

[3] B Sandywell, “On the globalisation of crime: the Internet and new criminality” in Y Jewkes and M Yar (eds) Handbook of Internet Crime, (Cullompton: Willan Publishing, 2010) 38-66, at 51.

[4]  M Yar, “The Novelty of ‘Cybercrime’: An Assessment in Light of Routine Activity Theory” (2005) 2 European Journal of Criminology 407-427, at 425.

[5] BJ Koops, “The Internet and its Opportunities for Cybercrime” in M Herzog-Evans (ed) Transnational Criminology Manual, Vol. 1, (Nijmegen: WLP, 2010) 735-754, at 740-741.

[6] M Yar, “The Novelty of ‘Cybercrime’: An Assessment in Light of Routine Activity Theory” (2005) 2 European Journal of Criminology 407-427, at 407.

[7] Y Jewkes and M Yar, “Introduction: the Internet, cybercrime, and the challenges of the 21st century” in Y Jewkes and M Yar (eds) Handbook of Internet Crime, (Cullompton: Willan Publishing, 2010) 1-8, at 3.

[8]  RG Smith et al, Cyber criminals on trial , (Cambridge; New York: Cambridge University Press, 2004), at 25-29.

[9] BJ Koops, “The Internet and its Opportunities for Cybercrime” in M Herzog-Evans (ed) Transnational Criminology Manual, Vol. 1, (Nijmegen: WLP, 2010) 735-754 at 744-745.

[10] D Wall, Cybercrime. The Transformation of Crime in the Information Age , (Cambridge: Polity, 2007).

[11] For a leading Dutch case, see Hoge Raad [Supreme Court] 15 January 1991, Nederlandse Jurisprudentie 1991, 668.

[12] Convention on Cybercrime, Budapest, 23 November 2001, CETS 185.

[13] Dutch Supreme Court [Hoge Raad] 31 January 2012, LJN BQ9251.

[14] See generally on the de minimis problem, D Wall, Cybercrime. The Transformation of Crime in the Information Age , (Cambridge: Polity, 2007).

[15] SW Brenner, Cyberthreats: the emerging fault lines of the nation state , (Oxford; New York: Oxford University Press, 2009).

[16] BJ Koops, “Technology and the Crime Society: Rethinking Legal Protection” (2009) 1 Law, Innovation & Technology 93-124.

[17] U Sieber, General Report on Internet Crimes for the 18th International Congress of the International Academy of Comparative Law Washington D.C. 2010, (2010) at 83-85.

[18] See JR Herrera-Flanigan, “Cybercrime and Jurisdiction in the United States” in BJ Koops and SW Brenner (eds) Cybercrime and Jurisdiction, (The Hague: TMC Asser Press, 2006) 313-325, at 322-323.

[19] The Cybercrime Convention Committee (2008) Compilation of responses to questionnaire for the parties concerning the practical implementation of the Cybercrime Convention . T-CY (2008) 01, Strasbourg, 11 March 2008 at 28; Committee of Experts on the operation of European conventions on co-operation in criminal matters (2008) Replies on Mutual Legal Assistance in Computer-Related Cases . PC-OC (2008) 09rev, Strasbourg, 1 December 2008 at 6.

[20] SW Brenner and BJ Koops, “Approaches to Cybercrime Jurisdiction” (2004) 4 Journal of High-Technology Law 1-46.

[21] Art. 9 Malaysia Computer Crimes Act.

[22] Tribunal de Grand Instance de Paris 3 March 2011, Public Prosecutor v Weiler, unofficial translation available at http://www.ejiltalk.org/wp-content/uploads/2011/03/Public-Prosecutor-v-Weiler-judgement-March-3-2011-3.pdf (accessed 28 Oct 2012).

[23] Tribunal de Grande Instance Paris, 20 November 2000; United States Court of Appeals, Ninth Circuit, 433 F.3d 1199 ( Yahoo! Inc. v . LICRA and UEJF ), 12 January 2006.

[24] See, e.g., JR Reidenberg, “States and Internet Enforcement” (2004) Univ. of Ottawa Tech. L. J. 213ff; J Mason Kjar, “2 Obscenity Standards 1 Neat Solution How Geotargeting Extends Traditional Obscenity Law to the Internet” (2012), Case Western Reserve Journal of Law, Technology & the Internet 2(2).

[25] Art. 27 of Law No 11 of 2008 (translation by Dewi Avilia). A similar provision is found in article 282 of the Indonesian Criminal Code.

[26] See T Rayna and L Barbier, “Fighting Consumer Piracy with Graduated Response: An Evaluation of the French and British Implementations” (2010) 6 International Journal of Foresight and Innovation Policy 294-314.

[27] S Katyal, “Filtering, Piracy Surveillance, and Disobedience” (2009) 32 Columbia Journal of Law and the Arts 401-426.

[28] R Brownsword, “Regulatory Cosmopolitanism: Clubs, Commons, and Questions of Coherence” (2010), TILT Law & Technology Working Paper No. 018/2010, http://ssrn.com/abstract=1715445 (accessed 28 Oct 2012).

[29] See, generally, J Zittrain, The future of the Internet and how to stop it , (New Haven Conn.: Yale University Press, 2008).

[30] See Wikipedia, “Trusted Computing” (2012) available at http://en.wikipedia.org/wiki/Trusted_Computing (accessed 28 Oct 2012).

[31] See, e.g., Microsoft, “Sender ID” (2008) available at http://www.microsoft.com/mscorp/safety/technologies/senderid/default.mspx (accessed 28 Oct 2012).

[32] SW Brenner, “Distributed Security: Moving Away From Reactive Law Enforcement” (2004) International Journal of Communications Law & Policy , available at http://ijclp.net/old_website/Cy_2004/pdf/Brenner_ijlcp-paper.pdf (accessed 28 Oct 2012).

[33] Cf. WE Bijker and J Law (eds), Shaping technology/building society: studies in sociotechnical change , (Cambridge, Mass.: MIT Press, 1992).

[34] BJ Koops and R Leenes, “”Code” and the Slow Erosion of Privacy” (2005) 12 Michigan Telecommunications & Technology Law Review 115-188. For a recent example in Dutch case-law, see District Court ’s-Gravenhage 23 December 2011, LJN BU9409, finding that defendant did not have a reasonable expectation of privacy in her backyard as anyone could use Google Earth to see that she had Bubble Cube chairs (the corpus delicti of forged tax returns) in her garden.

[35] WE Bijker and J Law (eds), Shaping technology/building society: studies in sociotechnical change , (Cambridge, Mass.: MIT Press, 1992).

[36] See C Raab and P De Hert, “Tools for Technology Regulation: Seeking Analytical Approaches Beyond Lessig and Hood” in R Brownsword and K Yeung (eds) Regulating Technologies, (Oxford: Hart, 2008) 263-285 for a discussion of the regulatory tool-box, applying the insights of Lawrence Lessig and Christopher Hood to technology regulation.

[37] M Felson and LE Cohen, “Human Ecology and Crime: A Routine Activity Approach” (1980) 8 Human Ecology 389-406; RVG Clarke, Situational crime prevention: successful case studies , (New York: Harrow and Heston Publishers, 1992).

[38] See for example NS Van der Meulen, Financial Identity Theft – Context, Challenges and Countermeasures , (The Hague: T.M.C. Asser Press, 2011).

[39] L Hooghe and G Marks, “Unraveling the Central State, but How? Types of Multi-level Governance” (2003) 97 American Political Science Review 233-243.

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Home — Essay Samples — Law, Crime & Punishment — Crime — Cyber Crimes

Essays on Cyber Crimes

When it comes to writing an essay on cyber crimes, choosing the right topic is crucial. With the increasing prevalence of cyber crimes in today’s digital age, it is important to shed light on various aspects of this issue through well-researched and thought-provoking essays. By selecting the right topic, you can ensure that your essay captures the attention of your readers and provides valuable insights into the world of cyber crimes.

Choosing the right cyber crimes essay topic is important for several reasons. Firstly, it allows you to delve into a specific aspect of cyber crimes, providing in-depth analysis and understanding. Secondly, a well-chosen topic can help you demonstrate your knowledge and expertise in the field of cyber crimes. Lastly, by selecting an engaging and relevant topic, you can capture the interest of your readers and make a meaningful impact with your essay.

When it comes to choosing a cyber crimes essay topic, it is important to consider your interests, the relevance of the topic, and the availability of credible sources for research. Consider topics that are current and have a significant impact on society. Additionally, ensure that the topic is specific enough to allow for in-depth analysis, yet broad enough to provide various angles for exploration.

Recommended Cyber Crimes Essay Topics

If you are looking for essay topics related to cyber crimes, you have come to the right place. Below is a list of recommended cyber crimes essay topics, categorized for ease of selection. These topics cover a wide range of issues related to cyber crimes and provide ample opportunities for in-depth research and analysis.

Privacy and Data Protection

• The impact of data breaches on consumer privacy
• Legal and ethical considerations in data privacy
• The role of social media in compromising personal privacy

Cybersecurity and Hacking

• The evolution of hacking techniques and their impact on cybersecurity
• The role of artificial intelligence in cyber warfare
• The implications of ransomware attacks on businesses and individuals

Cyberbullying and Online Harassment

• The psychological impact of cyberbullying on adolescents
• Legal measures to combat online harassment and cyberbullying
• The role of social media platforms in addressing cyberbullying

Financial Fraud and Identity Theft

• The impact of identity theft on individuals and businesses
• The role of cryptocurrency in facilitating financial fraud
• Preventive measures for combating credit card fraud in the digital age

Cyber Warfare and State-Sponsored Attacks

• The implications of state-sponsored cyber attacks on international relations
• The role of cyber warfare in modern warfare strategies
• The legal and ethical considerations of cyber warfare

With these recommended essay topics, you can explore various aspects of cyber crimes and make a meaningful contribution to the discourse on this important issue. By selecting a topic that resonates with your interests and allows for in-depth research, you can create an impactful essay that sheds light on the complexities of cyber crimes in today’s digital landscape.

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✍️Essay on Cybercrime: Free Samples in 100, 200, 300 Words

• Updated on  
• Apr 26, 2024

The 21st century is a digital age, where any and every task is done on the internet. All thanks to the developments in technology which have been the main factor to ease human life on earth and maybe on other plants in future. But with the benefits of technology, there are several harmful effects, one of them which has recently gained popularity; Cyber Crime. 

Cybercrime has emerged as pervasive and evolved as one of the most dangerous threats to humans. There are several users on the internet who indulge in illegal and criminal activities, using computers and networks. To guide you through this hot debate topic, below we have discussed essays on cybercrime.

Table of Contents

• 1 Essay on Cybercrime in 100 Words
• 2 Essay on Cybercrime in 200 Words
• 3 Essay on Cybercrime in 300 Words
• 4 Short Essay on Cybercrime

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Essay on Cybercrime in 100 Words

Cybercrime involves illegal activities like hacking, ransomware, cyberbullying, online fraud, etc. People who are involved in cybercrime or any similar activities are called hackers, scammers or fraudsters. Cybercrime leads to financial loss for individuals who have fallen victim to one. Cybercrime often invades a person’s privacy by stealing their personal details, including sensitive data, photos, and communication records, which can be used for blackmailing or any malicious purpose.

There are several governmental and non-government organizations which are working 

To tackle cybercrime by raising awareness among the masses, cyber security training, implementing robust security protocols, and enacting comprehensive cybercrime laws.

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Essay on Cybercrime in 200 Words

Cybercrime is a criminal activity done online using a computer, network and internet. With the increasing use of the internet and mobile phones, the number of criminal activities has also gained pace.  These criminal-minded people steal the personal details of a person, which leads to financial losses and damages the reputation of the victims. Various scams and fraudulent schemes are offered on the internet like online auctions, advance fees, or any investment scam, which are all aimed at deceiving individuals into parting with their money.

Cybercrime is not limited to financial losses or reputational damage, a more discrete term has emerged; cyberbullying.  In cyberbullying, a person is harassed, humiliated, or threatened online. This can have severe psychological and emotional consequences. Ethical hackers or white hat hackers can help organizations identify vulnerabilities in their systems before malicious hackers exploit them. 

Cybercrime doesn’t have any boundaries and is an international issue and international cooperation is crucial for tracking and prosecuting cybercriminals who operate across borders. To combat cybercrime effectively, a multi-faceted approach is required, involving education, technology, legislation, and international cooperation. As technology continues to advance, our efforts to combat cybercrime must keep pace to protect our increasingly interconnected world.

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Essay on Cybercrime in 300 Words

Economists have termed cybercrime as ‘ A Hidden Threat to the Digital World.’ Modern humans are relying on the internet for their day-to-day activities and every macro and micro activity. In this sense, the term cybercrime comes to the front. Cybercrime refers to criminal activities conducted through the use of computers, networks, and the Internet. 

Cybercrime consists of various malicious activities like hacking, phishing, ransomware attacks, identity theft, online fraud, and cyberbullying. Hackers, fraudsters, scammers, criminals, and even state-sponsored actors exploit vulnerabilities in digital systems to steal sensitive information, disrupt operations, and cause financial and emotional harm to victims.

The consequences of cybercrime are far-reaching. Financial losses run into 10 digits annually, affecting individuals and organizations alike. Personal privacy is invaded as cybercriminals steal sensitive data, photos, and communication records. In cases of cyberbullying and harassment, victims suffer reputational damages, psychological distress, and emotional trauma, particularly in cases of cyberbullying and harassment.

It’s necessary to look for a multifaceted approach to deal with cybercrime, some of which are.

• Raising public awareness through campaigns where people are informed about the risks of cybercrime and educate them on best practices for online safety.
• Individuals and organizations should implement robust security protocols, regularly update software, and use multi-factor authentication to protect their digital assets.
• Governments should enact and enforce cybercrime laws, providing law enforcement agencies with the resources and expertise needed to prosecute cybercriminals effectively.
• Looking at the global nature of cybercrime, international collaboration is vital. Countries should work together to share threat intelligence and cooperate in the investigation and prosecution of cybercriminals.
• Ethical hackers can help organizations identify and rectify vulnerabilities in their systems before malicious actors exploit them.

Tackling cybercrime requires proactive measures, including education, strong cybersecurity practices, legislation, international cooperation, and the active involvement of ethical hackers.

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Short Essay on Cybercrime

Find the short essay on cyber crime from below:

Cybercrime is an illegal and unethical activity which is done by hackers and fraudsters to gain financial or any other benefits for themselves.

To tackle cybercrime, several measures can be taken. Some of these measures are education and public awareness, research and innovation, ethical hacking, etc.

To write an essay on cybercrime, you need to give details on how it works and the level of danger it poses to humans. Cybercrime consists of various malicious activities like hacking, phishing, ransomware attacks, identity theft, online fraud, and cyberbullying. Hackers, fraudsters, scammers, criminals, and even state-sponsored actors exploit vulnerabilities in digital systems to steal sensitive information, disrupt operations, and cause financial and emotional harm to victims.

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Why we should all care about cyber crime: the risk to you and me

Associate Professor and head of the Department of Computing, Curtin University

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Mihai Lazarescu works for the Department of Computing, School of Electrical Engineering and Computing, Curtin University. He is the coordinator for the Computer Science and Cyber Security streams.

Curtin University provides funding as a member of The Conversation AU.

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In today’s world, the reality is that all individuals and organisations connected to the internet are vulnerable to cyber attack. The number, type and sophistication of attacks continues to grow, as the threat report published last month by the Australian Cyber Security Centre ( ACSC ) points out.

It isn’t only large organisations that are under threat. Even individuals or organisations that don’t believe they have much to offer hackers can be targeted. So even if you think you’re a small target, you might still be at risk.

Illusion of trust

Malicious individuals and groups thrive on gathering information that can be used to enhance their attack strategies. Hackers are becoming more focused on spear-phishing attacks, which are tailored to individual people, and any bit of information about you can be of help.

Key to the hacker is the issue of trust. The information gathered is used to build a profile of the target with the aim to have enough data that allows the hacker to appear trustworthy to you.

In most cases, the hacker will attempt to impersonate an entity that is trusted by you. The more information the hacker has on you, the more likely they will be able to maintain the illusion long enough to achieve their aims.

The effects of a successful attack vary significantly, largely depending on the motivation of the hacker.

For most of us, identity theft is likely to cause the most damage because it badly impacts on our ability to go about our normal daily life. Our credit rating could be severely compromised, for example. To make matters worse, the process of addressing the damage of an attack can be costly, time consuming and emotionally exhausting.

In other cases, the damage could be in the form of confidential information, such as medical history records, ending up in the hands of malicious parties, and thus make the you susceptible to different kinds of blackmail.

The recent breach of the Ashley Madison website is a typical example of confidential information about individuals that could be exploited by malicious parties.

Your access is important to hackers

But specific personal information is not the only driving factor behind cyber attacks. Often, the resources or the access you have to other systems is the overall goal.

A common misconception held by many individuals and organisations is that if they do not have anything of value on their systems, they are not likely to be attacked. Or the hackers have nothing to gain from copying all their information.

The information value may be zero, but the resources are precious commodities which can be easily used in two ways:

to launch more intensive, distributed attacks on the hacker’s primary target

they can be “leased out” in the form of botnets to other parties.

From the point of the user clearance, hackers again can exploit the knowledge about the target to attempt to gain access to difficult to reach systems.

Food for hacking thought

I was told of one case in the US where foreign hackers used the eating habits of the staff of a government organisation (obtained from credit charges) to launch a “ watering hole ” attack.

The hackers were able to easily compromise the server hosting the website of the restaurant frequented by the government employees and replaced the original PDF menus with a new set that had malware embedded in them. Thus, when the government employees were viewing the menus from their secure machines, they were downloading the malware as well.

These are just some of the ways hackers can take advantage of the information gathered from attacks. Unfortunately, the only limiting factor is the creativity of the malicious party. And sadly, hackers are very creative.

Beating cyber attacks

The attitude of individuals and organisations needs to change in order to prevent cyber attacks. There has to be a fundamental understanding that, when online, everyone is a target and that none of us are too small or unimportant.

It is also critical to change the attitude to incident detection and handling. We can only get better at the defence part if we learn from previous experience, painful and costly as that may be. The reason we know about some of the attacks mentioned above is because they were detected and investigated.

Most organisations do not consider incident handling as a core component of cyber defence. And as long as that continues, the improvement in the cyber defences will be slow.

There has to be a concerted effort to treat cyber security seriously rather than an expensive auditing exercise. The vast majority of organisations are looking at cyber security as a compliance task and thus do the minimum possible to achieve that.

The payment card industry’s Data Security Standards for major credit cards is a classic example. It is good that there is a standard, but what is unfortunate is that all organisations try to do is the absolute minimum possible to pass the standard check rather than actually improving their security.

Instead the view should be to use the cyber security requirements as a way to improve overall security and thus avoid costly and damaging incidents in the future.

• Cyberattacks

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Cybercrime and Law Enforcement Strategies

Introduction.

The role of the Internet in lives of people continues to grow every day. Many people store their information online and use services that require some personal information to be shared. Moreover, Internet-based programs and services are used by companies, communities, governments, and international organizations, which increases the amount and the significance of information present online. Such a way of storing and transferring information opens new opportunities for illegal activity.

Thus, cybercrime – the use of computers and the Internet for unlawful acts – is a growing phenomenon that becomes more elaborate and more dangerous every minute (Aggarwal et al. 48). Cybercrime has many types because the Internet offers a variety of services to its users. Hackers can steal personal information of other users, use malicious software to corrupt data and stop services from functioning properly, illegally download information and share it with others breaching copyright laws, and distort the overall safety of users and their lives

One of the branches of cybercrime is personal data theft that can include financial information, legal documents, medical records, and other data (Hutchings and Holt 11). While this type of crime may seem to be less damaging in a global sense, it is widespread, making personal data theft one of the most popular forms of cybercrime (Wheatley et al. 8). Currently, there are no clear solutions to protect personal information and maintain a safe space for people’s private data.

A significant issue that slows the development of better protective systems down is the lack of cybercrime assessment frameworks. This literature review examines the recent scholarship investigating cybercrimes and the erosion of privacy with the focus on finding new solutions to protect information and evaluate the damages that hackers bring to the world every day.

Research Problem

The analyzed literature reveals a problem in the sphere of cybercrime research – the lack of statistical information and analysis of interventions in the field of personal data theft.

Literature Review and Analysis

To understand the severity of the problem, one should investigate the main aspects of cybercrime, its history, and legal considerations. For this purpose, a review by Aggarwal et al. should be considered as it contains all necessary information on the topics of cybercrime and cybersecurity. According to the authors, there is a wide variety of cybercrime types, briefly mentioned above. The review also considers some effects that cybercrimes can have on people.

For example, while some illegal practices may be directed at individual people, others may target entire businesses or government agencies, increasing the severity of the crime and the damages brought as a result.

The authors also present some information about cyber security and laws that can help victims to defend their rights. However, the review notes that current legal practices are insufficient to protect people’s data and persecute criminals for their crimes (Aggarwal et al. 50). Thus, such needs as better coordination of law enforcement agencies and increased attention to cybersecurity research are outlined in the study. Furthermore, it is highlighted that users should also rely on themselves and exercise caution when using computers and the Internet. This study offers a solid foundation for further research and presents some basic information that is required to find issues in current research on cybercrime.

A conceptual study by Wall has a similar purpose as it helps define cybercrimes in the cloud – a more nuanced sphere of Internet safety. Wall offers an understanding of crimes in cloud services and their effect on victims, also paying attention to possible law enforcement strategies (Wall 529). Similarly to the previous work, Wall finds that cybercrimes are difficult to persecute due to the lack of research in the sphere and the small impact of each crime (Wall 536). The insufficient amount of available information is also noted by Armin et al., who investigate cybercrime reports and find that there are many gaps in existing research (150).

This problem is also outlined by Wheatley et al. who state that while the amounts of personal data being stolen grow continuously, the individualistic approach of defense mechanisms remains ineffective (8). This study uses a quantitative approach to show the statistics of personal information breaches, highlighting its growing impact on the finances of companies and government agencies. Wheatley et al. find that massive breaches of personal information occur frequently (more than 70 attacks per year since 2007) and deteriorate the state of privacy with each successful attack (8).

The authors also point out the need to research cybercrimes focused on government agencies and businesses and the shift from total risk evaluation to a more personalized approach. This study shows that the process of stealing private information is becoming more dangerous as hackers get access to large amounts of data simultaneously instead of targeting individuals.

In fact, cybercrimes in businesses often result in data of many people being stolen, which leads to massive financial damages for the company and its stakeholders (Balan et al. 64). The study by Balan et al. utilizes R programming to analyze cybersecurity problems and statistics of different businesses to find the main weaknesses in companies’ strategies and suggest new practices (65). The authors find that personal data theft is a significant problem in all industries, causing more than 90% of all businesses to lose money as a result (Balan et al. 66). Again, the need for further research is stressed as evidence against criminals in the cybersphere is hard to gather making cybercrime difficult to control.

Hutchings and Holt examine the market for stolen information and find that there is no research of practical implementations of interventions available, which makes the problem even more challenging (27). The authors also note the financial losses of people and companies and point out that possible interventions may include the collaboration of different services and government bodies and use such practices as censorship and law enforcement control (Hutchings and Holt 23). This study offers some strategies to control personal data theft and ways to protect information from being acquired illegally. Nevertheless, the authors highlight the need to apply these practices and analyze results to present substantial evidence.

Works Cited

Aggarwal, Pooja, et al. “Review on Cyber Crime and Security.” International Journal of Research in Engineering and Applied Sciences , vol. 2, no. 1, 2014, pp. 48-51.

Armin, Jart, et al. “2020 Cybercrime Economic Costs: No Measure No Solution.” Combatting Cybercrime and Cyberterrorism: Challenges, Trends and Priorities , edited by Babak Akhgar and Ben Brewster, Springer, 2016, pp. 135-155.

Balan, Shilpa, et al. “Data Analysis of Cybercrimes in Businesses.” Information Technology and Management Science , vol. 20, no. 1, 2017, pp. 64-68.

Hutchings, Alice, and Thomas J. Holt. “The Online Stolen Data Market: Disruption and Intervention Approaches.” Global Crime , vol. 18, no. 1, 2017, pp. 11-30.

Wall, David S. “Towards a Conceptualisation of Cloud (Cyber) Crime.” International Conference on Human Aspects of Information Security, Privacy, and Trust , edited by Theo Tryfonas, Springer International, 2017, pp. 529-538.

Wheatley, Spencer, et al. “The Extreme Risk of Personal Data Breaches and the Erosion of Privacy.” The European Physical Journal B , vol. 89, no. 1, 2016, pp. 1-17. Web.

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IvyPanda. (2023, November 20). Cybercrime and Law Enforcement Strategies. https://ivypanda.com/essays/cybercrime-and-law-enforcement-strategies/

"Cybercrime and Law Enforcement Strategies." IvyPanda , 20 Nov. 2023, ivypanda.com/essays/cybercrime-and-law-enforcement-strategies/.

IvyPanda . (2023) 'Cybercrime and Law Enforcement Strategies'. 20 November.

IvyPanda . 2023. "Cybercrime and Law Enforcement Strategies." November 20, 2023. https://ivypanda.com/essays/cybercrime-and-law-enforcement-strategies/.

1. IvyPanda . "Cybercrime and Law Enforcement Strategies." November 20, 2023. https://ivypanda.com/essays/cybercrime-and-law-enforcement-strategies/.

Bibliography

IvyPanda . "Cybercrime and Law Enforcement Strategies." November 20, 2023. https://ivypanda.com/essays/cybercrime-and-law-enforcement-strategies/.

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Cyber Crime Essay

The unlawful act of gaining unauthorised access to computer systems or digital devices is known as cybercrime. A detailed grasp of how to stop or recover from cyberattacks is provided by cyber security. Online courses offer guidance on how to avoid, safeguard against, and recover from cybercrime risks. Here are a few sample essays on the topic ‘Cyber Crime’.

100 Words Essay on Cyber Crime

200 words essay on cyber crime, 500 words essay on cyber crime.

Cybercrime is the most discussed problem in the twenty-first century. The usage of cellphones and the internet is increasing dramatically over the world, which is generating questions about consumers' security and privacy. Because of this, it is crucial for all users to understand cybercrime and security. Cybercrime is defined as organised criminal conduct carried out by attackers online. Cybercrime comes in numerous forms, such as fraud, computer viruses, cyberstalking, and others. Due to these, businesses and government organisations are spending more on maintaining and employing professionals in cybercrime.

There are millions and billions of users and websites in the vast community known as cyberspace. People utilise it for a variety of activities including e-commerce, transactions, shopping, movies, music, and video games. Anyone can simply access anything online in the current technological era owing to accessible internet connection. As a result, crime in general and cybercrime in particular have surged dramatically. Additionally, the faster internet connection has greatly boosted the rate of data circulation. All of these problems are responsible as to why cyber security has grown to be a significant issue for society.

The government has created a number of cybercrime-related laws in an effort to curb the spread of the crime and to protect people's interests. These laws also provide defence against cybercrime. Aside from that, the government has established cyber cells in police stations to combat cybercrime as quickly as possible.

Cybercrime is an attack that can be harmful to both an individual and a business. There have been several instances where a cyber attack led to a data leak that caused a significant loss for a business or a person. These cyber-attacks could have negative effects on the country and the business. The countless instances of cyberattacks that have taken place in India and other nations have necessitated increased security measures. There are four main categories of cybercrime, according to a popular definition—hacking, money, privacy, and cyber terrorism.

Cybercrime is a type of crime in which illegal activities are carried out online or using computers. Cybercrime comes in a variety of forms which involves harassing online users. Cybercrime is the most serious and rapidly expanding type of crime in this day and age. Any person's life may be negatively impacted for a very long time by becoming a cyber victim. Cybercrimes have a wide range of repercussions on financial and investment activity in digital organisations.

One typical tactic used by criminals is to lure online users in by creating attractive websites and sending phoney emails purporting to be from banks or other organisations and asking for personal information. It makes it easier for criminals to access a person's bank account and personal data. Due to viruses, mail fraud, account hacking, and software piracy, people have been victims of cybercrimes. They also run into problems with unauthorised access mailing, threats from pornographic emails, and video transmission.

Types of Cyber Crime

Cyberstalking | It is the use of electronic communication to track down a person or to make repeated attempts to get in touch with them in order to foster personal interaction despite their blatant lack of interest. Anyone who monitors the internet, email, or any other form of electronic communication is guilty of stalking.

Phishing | It is a sort of fraud that includes collecting personal data from recipients of emails that seem to be coming from a reliable source, including Customer ID, IPIN, Credit/Debit Card number, Card expiration date, CVV number, etc.

Vishing | It is an attempt when criminals attempt to obtain personal information over the phone, such as Customer ID, Net Banking password, ATM PIN, OTP, Card expiration date, CVV, etc.

Smishing | It is a sort of fraud that employs text messages sent to mobile devices to entice victims into dialling a fake phone number, going to a fake website, or downloading harmful software.

Impersonation And Identity Theft | This includes the dishonest or fraudulent use of another person's electronic signature, password, or other distinctive identification trait.

Virus, Worms, Trojan | A computer virus is a programme designed to infiltrate your computer, corrupt your files and data, and spread itself. Worms are malicious software applications that repeatedly duplicate themselves on local drives, network shares, etc. Trojan is a malicious programme that mimics a legitimate application. Trojans offer unauthorised people and applications access to your computer through a backdoor entry, allowing them to steal sensitive data.

How to Prevent Cyber Crime

Backup every piece of information—data, systems, and considerations—to make it easier for businesses to recover from unforeseen events with the help of prior data.

Pick a firewall that offers protection from viruses, malware, and dishonest hackers.

Never divulge private information to a stranger since they might exploit it for fraud.

To avoid cybercrime, check your security settings—in order to determine if someone has logged into your computer, a cyber firewall analyses your network settings.

Antivirus software aids in identifying potential threats and malware before they infect a computer system. Never use software that has been cracked since it poses a serious risk of data loss or malware attack.

Keep your information protected when accessing untrusted websites—information can readily bypass the data through phishing websites.

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The field of biomedical engineering opens up a universe of expert chances. An Individual in the biomedical engineering career path work in the field of engineering as well as medicine, in order to find out solutions to common problems of the two fields. The biomedical engineering job opportunities are to collaborate with doctors and researchers to develop medical systems, equipment, or devices that can solve clinical problems. Here we will be discussing jobs after biomedical engineering, how to get a job in biomedical engineering, biomedical engineering scope, and salary. 

Ethical Hacker

A career as ethical hacker involves various challenges and provides lucrative opportunities in the digital era where every giant business and startup owns its cyberspace on the world wide web. Individuals in the ethical hacker career path try to find the vulnerabilities in the cyber system to get its authority. If he or she succeeds in it then he or she gets its illegal authority. Individuals in the ethical hacker career path then steal information or delete the file that could affect the business, functioning, or services of the organization.

GIS officer work on various GIS software to conduct a study and gather spatial and non-spatial information. GIS experts update the GIS data and maintain it. The databases include aerial or satellite imagery, latitudinal and longitudinal coordinates, and manually digitized images of maps. In a career as GIS expert, one is responsible for creating online and mobile maps.

Data Analyst

The invention of the database has given fresh breath to the people involved in the data analytics career path. Analysis refers to splitting up a whole into its individual components for individual analysis. Data analysis is a method through which raw data are processed and transformed into information that would be beneficial for user strategic thinking.

Data are collected and examined to respond to questions, evaluate hypotheses or contradict theories. It is a tool for analyzing, transforming, modeling, and arranging data with useful knowledge, to assist in decision-making and methods, encompassing various strategies, and is used in different fields of business, research, and social science.

Geothermal Engineer

Individuals who opt for a career as geothermal engineers are the professionals involved in the processing of geothermal energy. The responsibilities of geothermal engineers may vary depending on the workplace location. Those who work in fields design facilities to process and distribute geothermal energy. They oversee the functioning of machinery used in the field.

Database Architect

If you are intrigued by the programming world and are interested in developing communications networks then a career as database architect may be a good option for you. Data architect roles and responsibilities include building design models for data communication networks. Wide Area Networks (WANs), local area networks (LANs), and intranets are included in the database networks. It is expected that database architects will have in-depth knowledge of a company's business to develop a network to fulfil the requirements of the organisation. Stay tuned as we look at the larger picture and give you more information on what is db architecture, why you should pursue database architecture, what to expect from such a degree and what your job opportunities will be after graduation. Here, we will be discussing how to become a data architect. Students can visit NIT Trichy , IIT Kharagpur , JMI New Delhi . 

Remote Sensing Technician

Individuals who opt for a career as a remote sensing technician possess unique personalities. Remote sensing analysts seem to be rational human beings, they are strong, independent, persistent, sincere, realistic and resourceful. Some of them are analytical as well, which means they are intelligent, introspective and inquisitive. 

Remote sensing scientists use remote sensing technology to support scientists in fields such as community planning, flight planning or the management of natural resources. Analysing data collected from aircraft, satellites or ground-based platforms using statistical analysis software, image analysis software or Geographic Information Systems (GIS) is a significant part of their work. Do you want to learn how to become remote sensing technician? There's no need to be concerned; we've devised a simple remote sensing technician career path for you. Scroll through the pages and read.

Budget Analyst

Budget analysis, in a nutshell, entails thoroughly analyzing the details of a financial budget. The budget analysis aims to better understand and manage revenue. Budget analysts assist in the achievement of financial targets, the preservation of profitability, and the pursuit of long-term growth for a business. Budget analysts generally have a bachelor's degree in accounting, finance, economics, or a closely related field. Knowledge of Financial Management is of prime importance in this career.

Underwriter

An underwriter is a person who assesses and evaluates the risk of insurance in his or her field like mortgage, loan, health policy, investment, and so on and so forth. The underwriter career path does involve risks as analysing the risks means finding out if there is a way for the insurance underwriter jobs to recover the money from its clients. If the risk turns out to be too much for the company then in the future it is an underwriter who will be held accountable for it. Therefore, one must carry out his or her job with a lot of attention and diligence.

Finance Executive

Product manager.

A Product Manager is a professional responsible for product planning and marketing. He or she manages the product throughout the Product Life Cycle, gathering and prioritising the product. A product manager job description includes defining the product vision and working closely with team members of other departments to deliver winning products.  

Operations Manager

Individuals in the operations manager jobs are responsible for ensuring the efficiency of each department to acquire its optimal goal. They plan the use of resources and distribution of materials. The operations manager's job description includes managing budgets, negotiating contracts, and performing administrative tasks.

Stock Analyst

Individuals who opt for a career as a stock analyst examine the company's investments makes decisions and keep track of financial securities. The nature of such investments will differ from one business to the next. Individuals in the stock analyst career use data mining to forecast a company's profits and revenues, advise clients on whether to buy or sell, participate in seminars, and discussing financial matters with executives and evaluate annual reports.

A Researcher is a professional who is responsible for collecting data and information by reviewing the literature and conducting experiments and surveys. He or she uses various methodological processes to provide accurate data and information that is utilised by academicians and other industry professionals. Here, we will discuss what is a researcher, the researcher's salary, types of researchers.

Welding Engineer

Welding Engineer Job Description: A Welding Engineer work involves managing welding projects and supervising welding teams. He or she is responsible for reviewing welding procedures, processes and documentation. A career as Welding Engineer involves conducting failure analyses and causes on welding issues. 

Transportation Planner

A career as Transportation Planner requires technical application of science and technology in engineering, particularly the concepts, equipment and technologies involved in the production of products and services. In fields like land use, infrastructure review, ecological standards and street design, he or she considers issues of health, environment and performance. A Transportation Planner assigns resources for implementing and designing programmes. He or she is responsible for assessing needs, preparing plans and forecasts and compliance with regulations.

Environmental Engineer

Individuals who opt for a career as an environmental engineer are construction professionals who utilise the skills and knowledge of biology, soil science, chemistry and the concept of engineering to design and develop projects that serve as solutions to various environmental problems. 

Safety Manager

A Safety Manager is a professional responsible for employee’s safety at work. He or she plans, implements and oversees the company’s employee safety. A Safety Manager ensures compliance and adherence to Occupational Health and Safety (OHS) guidelines.

Conservation Architect

A Conservation Architect is a professional responsible for conserving and restoring buildings or monuments having a historic value. He or she applies techniques to document and stabilise the object’s state without any further damage. A Conservation Architect restores the monuments and heritage buildings to bring them back to their original state.

Structural Engineer

A Structural Engineer designs buildings, bridges, and other related structures. He or she analyzes the structures and makes sure the structures are strong enough to be used by the people. A career as a Structural Engineer requires working in the construction process. It comes under the civil engineering discipline. A Structure Engineer creates structural models with the help of computer-aided design software. 

Highway Engineer

Highway Engineer Job Description:  A Highway Engineer is a civil engineer who specialises in planning and building thousands of miles of roads that support connectivity and allow transportation across the country. He or she ensures that traffic management schemes are effectively planned concerning economic sustainability and successful implementation.

Field Surveyor

Are you searching for a Field Surveyor Job Description? A Field Surveyor is a professional responsible for conducting field surveys for various places or geographical conditions. He or she collects the required data and information as per the instructions given by senior officials. 

Orthotist and Prosthetist

Orthotists and Prosthetists are professionals who provide aid to patients with disabilities. They fix them to artificial limbs (prosthetics) and help them to regain stability. There are times when people lose their limbs in an accident. In some other occasions, they are born without a limb or orthopaedic impairment. Orthotists and prosthetists play a crucial role in their lives with fixing them to assistive devices and provide mobility.

Pathologist

A career in pathology in India is filled with several responsibilities as it is a medical branch and affects human lives. The demand for pathologists has been increasing over the past few years as people are getting more aware of different diseases. Not only that, but an increase in population and lifestyle changes have also contributed to the increase in a pathologist’s demand. The pathology careers provide an extremely huge number of opportunities and if you want to be a part of the medical field you can consider being a pathologist. If you want to know more about a career in pathology in India then continue reading this article.

Veterinary Doctor

Speech therapist, gynaecologist.

Gynaecology can be defined as the study of the female body. The job outlook for gynaecology is excellent since there is evergreen demand for one because of their responsibility of dealing with not only women’s health but also fertility and pregnancy issues. Although most women prefer to have a women obstetrician gynaecologist as their doctor, men also explore a career as a gynaecologist and there are ample amounts of male doctors in the field who are gynaecologists and aid women during delivery and childbirth. 

Audiologist

The audiologist career involves audiology professionals who are responsible to treat hearing loss and proactively preventing the relevant damage. Individuals who opt for a career as an audiologist use various testing strategies with the aim to determine if someone has a normal sensitivity to sounds or not. After the identification of hearing loss, a hearing doctor is required to determine which sections of the hearing are affected, to what extent they are affected, and where the wound causing the hearing loss is found. As soon as the hearing loss is identified, the patients are provided with recommendations for interventions and rehabilitation such as hearing aids, cochlear implants, and appropriate medical referrals. While audiology is a branch of science that studies and researches hearing, balance, and related disorders.

An oncologist is a specialised doctor responsible for providing medical care to patients diagnosed with cancer. He or she uses several therapies to control the cancer and its effect on the human body such as chemotherapy, immunotherapy, radiation therapy and biopsy. An oncologist designs a treatment plan based on a pathology report after diagnosing the type of cancer and where it is spreading inside the body.

Are you searching for an ‘Anatomist job description’? An Anatomist is a research professional who applies the laws of biological science to determine the ability of bodies of various living organisms including animals and humans to regenerate the damaged or destroyed organs. If you want to know what does an anatomist do, then read the entire article, where we will answer all your questions.

For an individual who opts for a career as an actor, the primary responsibility is to completely speak to the character he or she is playing and to persuade the crowd that the character is genuine by connecting with them and bringing them into the story. This applies to significant roles and littler parts, as all roles join to make an effective creation. Here in this article, we will discuss how to become an actor in India, actor exams, actor salary in India, and actor jobs. 

Individuals who opt for a career as acrobats create and direct original routines for themselves, in addition to developing interpretations of existing routines. The work of circus acrobats can be seen in a variety of performance settings, including circus, reality shows, sports events like the Olympics, movies and commercials. Individuals who opt for a career as acrobats must be prepared to face rejections and intermittent periods of work. The creativity of acrobats may extend to other aspects of the performance. For example, acrobats in the circus may work with gym trainers, celebrities or collaborate with other professionals to enhance such performance elements as costume and or maybe at the teaching end of the career.

Video Game Designer

Career as a video game designer is filled with excitement as well as responsibilities. A video game designer is someone who is involved in the process of creating a game from day one. He or she is responsible for fulfilling duties like designing the character of the game, the several levels involved, plot, art and similar other elements. Individuals who opt for a career as a video game designer may also write the codes for the game using different programming languages.

Depending on the video game designer job description and experience they may also have to lead a team and do the early testing of the game in order to suggest changes and find loopholes.

Radio Jockey

Radio Jockey is an exciting, promising career and a great challenge for music lovers. If you are really interested in a career as radio jockey, then it is very important for an RJ to have an automatic, fun, and friendly personality. If you want to get a job done in this field, a strong command of the language and a good voice are always good things. Apart from this, in order to be a good radio jockey, you will also listen to good radio jockeys so that you can understand their style and later make your own by practicing.

A career as radio jockey has a lot to offer to deserving candidates. If you want to know more about a career as radio jockey, and how to become a radio jockey then continue reading the article.

Choreographer

The word “choreography" actually comes from Greek words that mean “dance writing." Individuals who opt for a career as a choreographer create and direct original dances, in addition to developing interpretations of existing dances. A Choreographer dances and utilises his or her creativity in other aspects of dance performance. For example, he or she may work with the music director to select music or collaborate with other famous choreographers to enhance such performance elements as lighting, costume and set design.

Social Media Manager

A career as social media manager involves implementing the company’s or brand’s marketing plan across all social media channels. Social media managers help in building or improving a brand’s or a company’s website traffic, build brand awareness, create and implement marketing and brand strategy. Social media managers are key to important social communication as well.

Photographer

Photography is considered both a science and an art, an artistic means of expression in which the camera replaces the pen. In a career as a photographer, an individual is hired to capture the moments of public and private events, such as press conferences or weddings, or may also work inside a studio, where people go to get their picture clicked. Photography is divided into many streams each generating numerous career opportunities in photography. With the boom in advertising, media, and the fashion industry, photography has emerged as a lucrative and thrilling career option for many Indian youths.

An individual who is pursuing a career as a producer is responsible for managing the business aspects of production. They are involved in each aspect of production from its inception to deception. Famous movie producers review the script, recommend changes and visualise the story. 

They are responsible for overseeing the finance involved in the project and distributing the film for broadcasting on various platforms. A career as a producer is quite fulfilling as well as exhaustive in terms of playing different roles in order for a production to be successful. Famous movie producers are responsible for hiring creative and technical personnel on contract basis.

Copy Writer

In a career as a copywriter, one has to consult with the client and understand the brief well. A career as a copywriter has a lot to offer to deserving candidates. Several new mediums of advertising are opening therefore making it a lucrative career choice. Students can pursue various copywriter courses such as Journalism , Advertising , Marketing Management . Here, we have discussed how to become a freelance copywriter, copywriter career path, how to become a copywriter in India, and copywriting career outlook. 

In a career as a vlogger, one generally works for himself or herself. However, once an individual has gained viewership there are several brands and companies that approach them for paid collaboration. It is one of those fields where an individual can earn well while following his or her passion. 

Ever since internet costs got reduced the viewership for these types of content has increased on a large scale. Therefore, a career as a vlogger has a lot to offer. If you want to know more about the Vlogger eligibility, roles and responsibilities then continue reading the article. 

For publishing books, newspapers, magazines and digital material, editorial and commercial strategies are set by publishers. Individuals in publishing career paths make choices about the markets their businesses will reach and the type of content that their audience will be served. Individuals in book publisher careers collaborate with editorial staff, designers, authors, and freelance contributors who develop and manage the creation of content.

Careers in journalism are filled with excitement as well as responsibilities. One cannot afford to miss out on the details. As it is the small details that provide insights into a story. Depending on those insights a journalist goes about writing a news article. A journalism career can be stressful at times but if you are someone who is passionate about it then it is the right choice for you. If you want to know more about the media field and journalist career then continue reading this article.

Individuals in the editor career path is an unsung hero of the news industry who polishes the language of the news stories provided by stringers, reporters, copywriters and content writers and also news agencies. Individuals who opt for a career as an editor make it more persuasive, concise and clear for readers. In this article, we will discuss the details of the editor's career path such as how to become an editor in India, editor salary in India and editor skills and qualities.

Individuals who opt for a career as a reporter may often be at work on national holidays and festivities. He or she pitches various story ideas and covers news stories in risky situations. Students can pursue a BMC (Bachelor of Mass Communication) , B.M.M. (Bachelor of Mass Media) , or  MAJMC (MA in Journalism and Mass Communication) to become a reporter. While we sit at home reporters travel to locations to collect information that carries a news value.  

Corporate Executive

Are you searching for a Corporate Executive job description? A Corporate Executive role comes with administrative duties. He or she provides support to the leadership of the organisation. A Corporate Executive fulfils the business purpose and ensures its financial stability. In this article, we are going to discuss how to become corporate executive.

Multimedia Specialist

A multimedia specialist is a media professional who creates, audio, videos, graphic image files, computer animations for multimedia applications. He or she is responsible for planning, producing, and maintaining websites and applications. 

Quality Controller

A quality controller plays a crucial role in an organisation. He or she is responsible for performing quality checks on manufactured products. He or she identifies the defects in a product and rejects the product. 

A quality controller records detailed information about products with defects and sends it to the supervisor or plant manager to take necessary actions to improve the production process.

Production Manager

A QA Lead is in charge of the QA Team. The role of QA Lead comes with the responsibility of assessing services and products in order to determine that he or she meets the quality standards. He or she develops, implements and manages test plans. 

Process Development Engineer

The Process Development Engineers design, implement, manufacture, mine, and other production systems using technical knowledge and expertise in the industry. They use computer modeling software to test technologies and machinery. An individual who is opting career as Process Development Engineer is responsible for developing cost-effective and efficient processes. They also monitor the production process and ensure it functions smoothly and efficiently.

AWS Solution Architect

An AWS Solution Architect is someone who specializes in developing and implementing cloud computing systems. He or she has a good understanding of the various aspects of cloud computing and can confidently deploy and manage their systems. He or she troubleshoots the issues and evaluates the risk from the third party. 

Azure Administrator

An Azure Administrator is a professional responsible for implementing, monitoring, and maintaining Azure Solutions. He or she manages cloud infrastructure service instances and various cloud servers as well as sets up public and private cloud systems. 

Computer Programmer

Careers in computer programming primarily refer to the systematic act of writing code and moreover include wider computer science areas. The word 'programmer' or 'coder' has entered into practice with the growing number of newly self-taught tech enthusiasts. Computer programming careers involve the use of designs created by software developers and engineers and transforming them into commands that can be implemented by computers. These commands result in regular usage of social media sites, word-processing applications and browsers.

Information Security Manager

Individuals in the information security manager career path involves in overseeing and controlling all aspects of computer security. The IT security manager job description includes planning and carrying out security measures to protect the business data and information from corruption, theft, unauthorised access, and deliberate attack 

ITSM Manager

Automation test engineer.

An Automation Test Engineer job involves executing automated test scripts. He or she identifies the project’s problems and troubleshoots them. The role involves documenting the defect using management tools. He or she works with the application team in order to resolve any issues arising during the testing process. 

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Essays About Cyber Crime: Top 5 Examples and 8 Prompts

Cybercrime is a severe issue that threatens user security and safety. To help you with this subject, see our essays about cyber crime examples and prompts.  

As its name suggests, cyber crime occurs in the digital space beyond our tangible keyboards, computer monitors, and phone screens. This criminal activity happens offline and online, and although many are affected, only 10% to 12% of the victims report these wrongdoings.

You may have encountered cyber crime in the virtual world as a victim or an almost-target. Most of us have the misfortune of being hacked, phished, spoofed, or attacked with a denial of service. At the same time, you may not know that you’ve committed a cyber crime by pirating software, music, movies, books, and other data.

5 Essay Examples

1. cyber crime essay for students and children by anonymous on toppr.com, 2. cyber crimes and its effects on youth by anonymous on edubirdie.com, 3. cyber crime by luz owens, 4. cyber crime: a threat to society by ankita yadav, 5. essay on cyber crime by anonymous on vedantu.com, 1. the future of cyber crime, 2. the benefits of cyber crime, 3. cyber crime and its impacts on an industry, 4. cyber crime prevention for the average user, 5. mobile protection from cyber crime, 6. the power of strong passwords to combat cyber crime, 7. laws and cyber crime, 8. my personal experience with cyber crime.

“Cyber Crime is not something which we cannot deal with our self. Likewise, with little use of our common sense and logic, we can stop Cyber Crimes from happening.”

The essay begins with cyber crime’s meaning, defining it as an illegal activity to harm others through a computer. The author also discusses the four significant categories of cybercrime: hacking, privacy, financial, and cyber terrorism, and digs into what each type covers. 

In the next part of the essay, the writer focuses on cybercrime in India, citing how it’s now a significant concern. So, the government implements cybercrime laws to protect itself and its citizens. You might also be interested in these articles about death penalty .

“Becoming the victim of cyber can have long lasting effects on any one’s life.”

After recognizing cybercrime as the most potent crime today, the author probes its direct connection to the creation of the Internet. Aside from pushing organizations to spend more on their online security to avoid vulnerability, cyber crime also causes lasting effects on its victims’ lives.

The essay provides various instances where criminals exploit unaware individuals through the web. An example is fake emails mimicking legitimate organizations that give criminals access to the victim’s personal information to ruin their financial credibility. Unfortunately, the main targets for these crimes are the youth as they are the most who use the web for their studies.  

“In order to diminish cyber crime, all organizations and governments should cooperate, as it has no boundaries.”

Owens compares the new century and the old days when cybercrime didn’t exist. She then describes cyber crime, its different classifications, and how much damage it causes annually. She concedes that this criminal act is difficult to control because most countries don’t have the right laws against it. 

Owens also discusses how the youth are more prone to cybercrime exposure because they’re more likely to use technology and be curious. She includes relevant cases and studies that analyze cyber crime, its effects, and how it’s used to the detriment of others.

“Cyber crime is the criminal act which takes place over the internet through computers as tools or targets or other smart devices meant for making our work easier.”

Yadav determines cybercrime as a punishable offense committed via the internet, causing loss to an individual, organization, or government. She lists examples of cybercrime and how everyone falls victim to them, no matter their educational attainment. In her conclusion, Yadav recognizes cybercrime as the most prevalent misdeed today and calls for more severe measures to prevent it.

“Cybercrime or attack is defined as the systematic criminal activity occurring digitally and done by attackers.”

This essay highlights privacy issues connected to the steady rise of smartphones and internet usage. It’s also the reason users should be knowledgeable about cyber crime. The author defines cyber crime and expounds on its adverse effects on individuals, properties, and the government. The author also mentions specific crimes like hacking, theft, and cyberstalking.

Looking for more suggestions? Check out our essays about technology for your next project.

8 Prompts for Essays About Cyber Crime

Cybercrime continuously evolves as more people learn about its potential and countermeasures. Consider this essay prompt if you have several ideas and theories about how cybercrime will adapt to new anti-cybercrime measures. 

Don’t forget to research the current state of cybercrime, the capabilities of the criminals that perform it, and the laws made to prevent it. Make sure to include research data and support your theories with relevant studies.

While cybercrime is an umbrella term for illegal acts in cyberspace, it can also lead to positive results. One silver lining example of cybercrime is that it pushes software developers to create more effective protection measures against online attacks. Its rising occurrence among the youth also means that more people are becoming more educated about this issue and can thus actively prevent it from happening.

In this controversial essay topic, discuss the possible benefits of cybercrime. Look into how cybercrime might push technology forwards and improve personal data protection online. Cite relevant case studies and reference platforms with strict security measures, such as Meta .

Whether it’s healthcare, education, or banking, you can always find different and unique cybercrime impacts in various fields. Write an essay about how cyber criminals and their illegal actions can affect a specific industry, depending on your specialty or interest. For example, you can talk about the impacts of cybercrime on students and teachers if you work in the educational field.

One frustrating thing about being an average computer or device user is that you may need more resources to protect yourself from the latest cyber-attacks. With in-depth research and help from field experts, write an essay about how the average Joe can defend himself for a small fee or for free.

Most people spend hours on their smartphones and other mobile devices. Those who use their phones for work, banking, entertainment, and others are always at risk of cyber attacks. For this prompt, research how smartphone users can create a security blanket against cybercrime when they surf the internet, use banking apps, or linger on social media. Tip: If writing an essay sounds like a lot of work, simplify it. Write a simple 5 paragraph essay instead.

If there is one thing cybercriminals hate, it’s a strong and complex password. With this essay prompt, you can discuss creative and memorable ways individuals can create unique passwords. 

For example, they can spell their sibling’s name backward and add their favorite number and symbols at the end. Favorite colors, food items, dates, and other things can also work as effective password choices when used with the right symbol, capitalization, and number combinations. There are also helpful apps such as 1password , which creates strong passwords automatically for users.

For this prompt, look for laws worldwide that successfully assist the government in fighting cybercrime. Add your opinion on how your country should adapt these laws and if there are any areas of these proposals you want to change, remove, or improve.

If you’ve had a distressing memory concerning cybercrime, recount the experience in your essay. Tell how it happened and what you did to battle its impact on your life. Similarly, you can also talk about any cybercrime you unintentionally committed and how you worked on stopping yourself from repeating it. Looking for more suggestions? Check out our essays about technology for your next project.

Maria Caballero is a freelance writer who has been writing since high school. She believes that to be a writer doesn't only refer to excellent syntax and semantics but also knowing how to weave words together to communicate to any reader effectively.

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• Middle East & Gulf Regions
• Core Principles of IHL
• Categorization of Armed Conflict
• Classification of Persons
• IHL, Terrorism & Counter-Terrorism
• Relationship between IHL & intern. human rights law
• Limitations Permitted by Human Rights Law
• Derogation during Public Emergency
• Examples of States of Emergency & Derogations
• International Human Rights Instruments
• Regional Human Rights Instruments
• Extra-territorial Application of Right to Life
• Arbitrary Deprivation of Life
• Death Penalty
• Enforced Disappearances
• Armed Conflict Context
• International Covenant on Civil and Political Rights
• Convention against Torture et al.
• International Legal Framework
• Key Contemporary Issues
• Investigative Phase
• Trial & Sentencing Phase
• Armed Conflict
• Case Studies
• Special Investigative Techniques
• Surveillance & Interception of Communications
• Privacy & Intelligence Gathering in Armed Conflict
• Accountability & Oversight of Intelligence Gathering
• Principle of Non-Discrimination
• Freedom of Religion
• Freedom of Expression
• Freedom of Assembly
• Freedom of Association
• Fundamental Freedoms
• Definition of 'Victim'
• Effects of Terrorism
• Access to Justice
• Recognition of the Victim
• Human Rights Instruments
• Criminal Justice Mechanisms
• Instruments for Victims of Terrorism
• National Approaches
• Key Challenges in Securing Reparation
• Topic 1. Contemporary issues relating to conditions conducive both to the spread of terrorism and the rule of law
• Topic 2. Contemporary issues relating to the right to life
• Topic 3. Contemporary issues relating to foreign terrorist fighters
• Topic 4. Contemporary issues relating to non-discrimination and fundamental freedoms
• Module 16: Linkages between Organized Crime and Terrorism
• Thematic Areas
• Content Breakdown
• Module Adaptation & Design Guidelines
• Teaching Methods
• Acknowledgements
• 1. Introducing United Nations Standards & Norms on CPCJ vis-à-vis International Law
• 2. Scope of United Nations Standards & Norms on CPCJ
• 3. United Nations Standards & Norms on CPCJ in Operation
• 1. Definition of Crime Prevention
• 2. Key Crime Prevention Typologies
• 2. (cont.) Tonry & Farrington’s Typology
• 3. Crime Problem-Solving Approaches
• 4. What Works
• United Nations Entities
• Regional Crime Prevention Councils/Institutions
• Key Clearinghouses
• Systematic Reviews
• 1. Introduction to International Standards & Norms
• 2. Identifying the Need for Legal Aid
• 3. Key Components of the Right of Access to Legal Aid
• 4. Access to Legal Aid for Those with Specific Needs
• 5. Models for Governing, Administering and Funding Legal Aid
• 6. Models for Delivering Legal Aid Services
• 7. Roles and Responsibilities of Legal Aid Providers
• 8. Quality Assurance and Legal Aid Services
• 1. Context for Use of Force by Law Enforcement Officials
• 2. Legal Framework
• 3. General Principles of Use of Force in Law Enforcement
• 4. Use of Firearms
• 5. Use of “Less-Lethal” Weapons
• 6. Protection of Especially Vulnerable Groups
• 7. Use of Force during Assemblies
• 1. Policing in democracies & need for accountability, integrity, oversight
• 2. Key mechanisms & actors in police accountability, oversight
• 3. Crosscutting & contemporary issues in police accountability
• 1. Introducing Aims of Punishment, Imprisonment & Prison Reform
• 2. Current Trends, Challenges & Human Rights
• 3. Towards Humane Prisons & Alternative Sanctions
• 1. Aims and Significance of Alternatives to Imprisonment
• 2. Justifying Punishment in the Community
• 3. Pretrial Alternatives
• 4. Post Trial Alternatives
• 5. Evaluating Alternatives
• 1. Concept, Values and Origin of Restorative Justice
• 2. Overview of Restorative Justice Processes
• 3. How Cost Effective is Restorative Justice?
• 4. Issues in Implementing Restorative Justice
• 1. Gender-Based Discrimination & Women in Conflict with the Law
• 2. Vulnerabilities of Girls in Conflict with the Law
• 3. Discrimination and Violence against LGBTI Individuals
• 4. Gender Diversity in Criminal Justice Workforce
• 1. Ending Violence against Women
• 2. Human Rights Approaches to Violence against Women
• 3. Who Has Rights in this Situation?
• 4. What about the Men?
• 5. Local, Regional & Global Solutions to Violence against Women & Girls
• 1. Understanding the Concept of Victims of Crime
• 2. Impact of Crime, including Trauma
• 3. Right of Victims to Adequate Response to their Needs
• 4. Collecting Victim Data
• 5. Victims and their Participation in Criminal Justice Process
• 6. Victim Services: Institutional and Non-Governmental Organizations
• 7. Outlook on Current Developments Regarding Victims
• 8. Victims of Crime and International Law
• 1. The Many Forms of Violence against Children
• 2. The Impact of Violence on Children
• 3. States' Obligations to Prevent VAC and Protect Child Victims
• 4. Improving the Prevention of Violence against Children
• 5. Improving the Criminal Justice Response to VAC
• 6. Addressing Violence against Children within the Justice System
• 1. The Role of the Justice System
• 2. Convention on the Rights of the Child & International Legal Framework on Children's Rights
• 3. Justice for Children
• 4. Justice for Children in Conflict with the Law
• 5. Realizing Justice for Children
• 1a. Judicial Independence as Fundamental Value of Rule of Law & of Constitutionalism
• 1b. Main Factors Aimed at Securing Judicial Independence
• 2a. Public Prosecutors as ‘Gate Keepers’ of Criminal Justice
• 2b. Institutional and Functional Role of Prosecutors
• 2c. Other Factors Affecting the Role of Prosecutors
• Basics of Computing
• Global Connectivity and Technology Usage Trends
• Cybercrime in Brief
• Cybercrime Trends
• Cybercrime Prevention
• Offences against computer data and systems
• Computer-related offences
• Content-related offences
• The Role of Cybercrime Law
• Harmonization of Laws
• International and Regional Instruments
• International Human Rights and Cybercrime Law
• Digital Evidence
• Digital Forensics
• Standards and Best Practices for Digital Forensics
• Reporting Cybercrime
• Who Conducts Cybercrime Investigations?
• Obstacles to Cybercrime Investigations
• Knowledge Management
• Legal and Ethical Obligations
• Handling of Digital Evidence
• Digital Evidence Admissibility
• Sovereignty and Jurisdiction
• Formal International Cooperation Mechanisms
• Informal International Cooperation Mechanisms
• Data Retention, Preservation and Access
• Challenges Relating to Extraterritorial Evidence
• National Capacity and International Cooperation
• Internet Governance
• Cybersecurity Strategies: Basic Features
• National Cybersecurity Strategies
• International Cooperation on Cybersecurity Matters
• Cybersecurity Posture
• Assets, Vulnerabilities and Threats
• Vulnerability Disclosure
• Cybersecurity Measures and Usability
• Situational Crime Prevention
• Incident Detection, Response, Recovery & Preparedness
• Privacy: What it is and Why it is Important
• Privacy and Security
• Cybercrime that Compromises Privacy
• Data Protection Legislation
• Data Breach Notification Laws
• Enforcement of Privacy and Data Protection Laws
• Intellectual Property: What it is
• Types of Intellectual Property
• Causes for Cyber-Enabled Copyright & Trademark Offences
• Protection & Prevention Efforts
• Online Child Sexual Exploitation and Abuse
• Cyberstalking and Cyberharassment
• Cyberbullying
• Gender-Based Interpersonal Cybercrime
• Interpersonal Cybercrime Prevention
• Cyber Organized Crime: What is it?
• Conceptualizing Organized Crime & Defining Actors Involved
• Criminal Groups Engaging in Cyber Organized Crime
• Cyber Organized Crime Activities
• Preventing & Countering Cyber Organized Crime
• Cyberespionage
• Cyberterrorism
• Cyberwarfare
• Information Warfare, Disinformation & Electoral Fraud
• Responses to Cyberinterventions
• Framing the Issue of Firearms
• Direct Impact of Firearms
• Indirect Impacts of Firearms on States or Communities
• International and National Responses
• Typology and Classification of Firearms
• Common Firearms Types
• 'Other' Types of Firearms
• Parts and Components
• History of the Legitimate Arms Market
• Need for a Legitimate Market
• Key Actors in the Legitimate Market
• Authorized & Unauthorized Arms Transfers
• Illegal Firearms in Social, Cultural & Political Context
• Supply, Demand & Criminal Motivations
• Larger Scale Firearms Trafficking Activities
• Smaller Scale Trafficking Activities
• Sources of Illicit Firearms
• Consequences of Illicit Markets
• International Public Law & Transnational Law
• International Instruments with Global Outreach
• Commonalities, Differences & Complementarity between Global Instruments
• Tools to Support Implementation of Global Instruments
• Other United Nations Processes
• The Sustainable Development Goals
• Multilateral & Regional Instruments
• Scope of National Firearms Regulations
• National Firearms Strategies & Action Plans
• Harmonization of National Legislation with International Firearms Instruments
• Assistance for Development of National Firearms Legislation
• Firearms Trafficking as a Cross-Cutting Element
• Organized Crime and Organized Criminal Groups
• Criminal Gangs
• Terrorist Groups
• Interconnections between Organized Criminal Groups & Terrorist Groups
• Gangs - Organized Crime & Terrorism: An Evolving Continuum
• International Response
• International and National Legal Framework
• Firearms Related Offences
• Role of Law Enforcement
• Firearms as Evidence
• Use of Special Investigative Techniques
• International Cooperation and Information Exchange
• Prosecution and Adjudication of Firearms Trafficking
• Teaching Methods & Principles
• Ethical Learning Environments
• Overview of Modules
• Module Adaption & Design Guidelines
• Table of Exercises
• Basic Terms
• Forms of Gender Discrimination
• Ethics of Care
• Case Studies for Professional Ethics
• Case Studies for Role Morality
• Additional Exercises
• Defining Organized Crime
• Definition in Convention
• Similarities & Differences
• Activities, Organization, Composition
• Thinking Critically Through Fiction
• Excerpts of Legislation
• Research & Independent Study Questions
• Legal Definitions of Organized Crimes
• Criminal Association
• Definitions in the Organized Crime Convention
• Criminal Organizations and Enterprise Laws
• Enabling Offence: Obstruction of Justice
• Drug Trafficking
• Wildlife & Forest Crime
• Counterfeit Products Trafficking
• Falsified Medical Products
• Trafficking in Cultural Property
• Trafficking in Persons
• Case Studies & Exercises
• Extortion Racketeering
• Loansharking
• Links to Corruption
• Bribery versus Extortion
• Money-Laundering
• Liability of Legal Persons
• How much Organized Crime is there?
• Alternative Ways for Measuring
• Measuring Product Markets
• Risk Assessment
• Key Concepts of Risk Assessment
• Risk Assessment of Organized Crime Groups
• Risk Assessment of Product Markets
• Risk Assessment in Practice
• Positivism: Environmental Influences
• Classical: Pain-Pleasure Decisions
• Structural Factors
• Ethical Perspective
• Crime Causes & Facilitating Factors
• Models and Structure
• Hierarchical Model
• Local, Cultural Model
• Enterprise or Business Model
• Groups vs Activities
• Networked Structure
• Jurisdiction
• Investigators of Organized Crime
• Controlled Deliveries
• Physical & Electronic Surveillance
• Undercover Operations
• Financial Analysis
• Use of Informants
• Rights of Victims & Witnesses
• Role of Prosecutors
• Adversarial vs Inquisitorial Legal Systems
• Mitigating Punishment
• Granting Immunity from Prosecution
• Witness Protection
• Aggravating & Mitigating Factors
• Sentencing Options
• Alternatives to Imprisonment
• Death Penalty & Organized Crime
• Backgrounds of Convicted Offenders
• Confiscation
• Confiscation in Practice
• Mutual Legal Assistance (MLA)
• Extradition
• Transfer of Criminal Proceedings
• Transfer of Sentenced Persons
• Module 12: Prevention of Organized Crime
• Adoption of Organized Crime Convention
• Historical Context
• Features of the Convention
• Related international instruments
• Conference of the Parties
• Roles of Participants
• Structure and Flow
• Recommended Topics
• Background Materials
• What is Sex / Gender / Intersectionality?
• Knowledge about Gender in Organized Crime
• Gender and Organized Crime
• Gender and Different Types of Organized Crime
• Definitions and Terminology
• Organized crime and Terrorism - International Legal Framework
• International Terrorism-related Conventions
• UNSC Resolutions on Terrorism
• Organized Crime Convention and its Protocols
• Theoretical Frameworks on Linkages between Organized Crime and Terrorism
• Typologies of Criminal Behaviour Associated with Terrorism
• Terrorism and Drug Trafficking
• Terrorism and Trafficking in Weapons
• Terrorism, Crime and Trafficking in Cultural Property
• Trafficking in Persons and Terrorism
• Intellectual Property Crime and Terrorism
• Kidnapping for Ransom and Terrorism
• Exploitation of Natural Resources and Terrorism
• Review and Assessment Questions
• Research and Independent Study Questions
• Criminalization of Smuggling of Migrants
• UNTOC & the Protocol against Smuggling of Migrants
• Offences under the Protocol
• Financial & Other Material Benefits
• Aggravating Circumstances
• Criminal Liability
• Non-Criminalization of Smuggled Migrants
• Scope of the Protocol
• Humanitarian Exemption
• Migrant Smuggling v. Irregular Migration
• Migrant Smuggling vis-a-vis Other Crime Types
• Other Resources
• Assistance and Protection in the Protocol
• International Human Rights and Refugee Law
• Vulnerable groups
• Positive and Negative Obligations of the State
• Identification of Smuggled Migrants
• Participation in Legal Proceedings
• Role of Non-Governmental Organizations
• Smuggled Migrants & Other Categories of Migrants
• Short-, Mid- and Long-Term Measures
• Criminal Justice Reponse: Scope
• Investigative & Prosecutorial Approaches
• Different Relevant Actors & Their Roles
• Testimonial Evidence
• Financial Investigations
• Non-Governmental Organizations
• ‘Outside the Box’ Methodologies
• Intra- and Inter-Agency Coordination
• Admissibility of Evidence
• International Cooperation
• Exchange of Information
• Non-Criminal Law Relevant to Smuggling of Migrants
• Administrative Approach
• Complementary Activities & Role of Non-criminal Justice Actors
• Macro-Perspective in Addressing Smuggling of Migrants
• Human Security
• International Aid and Cooperation
• Migration & Migrant Smuggling
• Mixed Migration Flows
• Social Politics of Migrant Smuggling
• Vulnerability
• Profile of Smugglers
• Role of Organized Criminal Groups
• Humanitarianism, Security and Migrant Smuggling
• Crime of Trafficking in Persons
• The Issue of Consent
• The Purpose of Exploitation
• The abuse of a position of vulnerability
• Indicators of Trafficking in Persons
• Distinction between Trafficking in Persons and Other Crimes
• Misconceptions Regarding Trafficking in Persons
• Root Causes
• Supply Side Prevention Strategies
• Demand Side Prevention Strategies
• Role of the Media
• Safe Migration Channels
• Crime Prevention Strategies
• Monitoring, Evaluating & Reporting on Effectiveness of Prevention
• Trafficked Persons as Victims
• Protection under the Protocol against Trafficking in Persons
• Broader International Framework
• State Responsibility for Trafficking in Persons
• Identification of Victims
• Principle of Non-Criminalization of Victims
• Criminal Justice Duties Imposed on States
• Role of the Criminal Justice System
• Current Low Levels of Prosecutions and Convictions
• Challenges to an Effective Criminal Justice Response
• Rights of Victims to Justice and Protection
• Potential Strategies to “Turn the Tide”
• State Cooperation with Civil Society
• Civil Society Actors
• The Private Sector
• Comparing SOM and TIP
• Differences and Commonalities
• Vulnerability and Continuum between SOM & TIP
• Labour Exploitation
• Forced Marriage
• Other Examples
• Children on the Move
• Protecting Smuggled and Trafficked Children
• Protection in Practice
• Children Alleged as Having Committed Smuggling or Trafficking Offences
• Basic Terms - Gender and Gender Stereotypes
• International Legal Frameworks and Definitions of TIP and SOM
• Global Overview on TIP and SOM
• Gender and Migration
• Key Debates in the Scholarship on TIP and SOM
• Gender and TIP and SOM Offenders
• Responses to TIP and SOM
• Use of Technology to Facilitate TIP and SOM
• Technology Facilitating Trafficking in Persons
• Technology in Smuggling of Migrants
• Using Technology to Prevent and Combat TIP and SOM
• Privacy and Data Concerns
• Emerging Trends
• Demand and Consumption
• Supply and Demand
• Implications of Wildlife Trafficking
• Legal and Illegal Markets
• Perpetrators and their Networks
• Locations and Activities relating to Wildlife Trafficking
• Environmental Protection & Conservation
• CITES & the International Trade in Endangered Species
• Organized Crime & Corruption
• Animal Welfare
• Criminal Justice Actors and Agencies
• Criminalization of Wildlife Trafficking
• Challenges for Law Enforcement
• Investigation Measures and Detection Methods
• Prosecution and Judiciary
• Wild Flora as the Target of Illegal Trafficking
• Purposes for which Wild Flora is Illegally Targeted
• How is it Done and Who is Involved?
• Consequences of Harms to Wild Flora
• Terminology
• Background: Communities and conservation: A history of disenfranchisement
• Incentives for communities to get involved in illegal wildlife trafficking: the cost of conservation
• Incentives to participate in illegal wildlife, logging and fishing economies
• International and regional responses that fight wildlife trafficking while supporting IPLCs
• Mechanisms for incentivizing community conservation and reducing wildlife trafficking
• Critiques of community engagement
• Other challenges posed by wildlife trafficking that affect local populations
• Global Podcast Series
• Apr. 2021: Call for Expressions of Interest: Online training for academics from francophone Africa
• Feb. 2021: Series of Seminars for Universities of Central Asia
• Dec. 2020: UNODC and TISS Conference on Access to Justice to End Violence
• Nov. 2020: Expert Workshop for University Lecturers and Trainers from the Commonwealth of Independent States
• Oct. 2020: E4J Webinar Series: Youth Empowerment through Education for Justice
• Interview: How to use E4J's tool in teaching on TIP and SOM
• E4J-Open University Online Training-of-Trainers Course
• Teaching Integrity and Ethics Modules: Survey Results
• Grants Programmes
• E4J MUN Resource Guide
• Library of Resources

Module 1: Introduction to Cybercrime

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E4J University Module Series: Cybercrime

Introduction and learning outcomes.

• Basics of computing
• Global connectivity and technology usage trends

Cybercrime in brief

• Cybercrime trends
• Cybercrime prevention

Possible class structure

Core reading, advanced reading, student assessment, additional teaching tools.

• First published in May 2019, updated in February 2020

  This module is a resource for lecturers  

There is no universally accepted definition of cybercrime. However, the following definition includes elements common to existing cybercrime definitions. Cybercrime is an act that violates the law, which is perpetrated using information and communication technology (ICT) to either target networks, systems, data, websites and/or technology or facilitate a crime (e.g., Goodman, and Brenner, 2002; Wall, 2007; Wilson, 2008; ITU, 2012; Maras, 2014; Maras, 2016). Cybercrime differs from traditional crime in that it "knows no physical or geographic boundaries" and can be conducted with less effort, greater ease, and at greater speed than traditional crime (although this depends on the type of cybercrime and type of crime it is being compared to) (Maras, 2014; for information about different types of cybercrime, see Cybercrime Module 2 on General Types of Cybercrime).

Europol (2018) differentiates cybercrime into cyber-dependent crimes (i.e., "any crime that can only be committed using computers, computer networks or other forms of information communication technology;" McGuire and Dowling, 2013, p. 4; Europol, 2018, p. 15) and cyber-enabled crimes (i.e., traditional crimes facilitated by the Internet and digital technologies). The key distinction between these categories of cybercrime is the role of ICT in the offence - whether it is the target of the offence or part of the modus operandi (or M.O.; i.e., method of operation) of the offender (UNODC, 2013, p. 15). When ICT is the target of the offence, this cybercrime negatively affects the confidentiality , integrity and/or availability of computer data or systems (UNODC, 2013). Confidentiality, integrity and availability make up what is known as the "CIA Triad" (Rouse, 2014): put simply, private information should stay private, it should not be changed without permission from the owner, and data, services, and systems should be accessible to the owner at all times. When the ICT is part of the M.O., the cybercrime involves a traditional crime (e.g., fraud and theft) facilitated in some way by the Internet and digital technologies. These categories and the types of cybercrime that fall under them are explored in greater detail in Cybercrime Module 2 on General Types of Cybercrime. 

Cybercrime can be perpetrated by individuals, groups, businesses, and nation-states. While these actors may use similar tactics (e.g., using malicious software) and attack similar targets (e.g., a computer system), they have different motives and intent for committing cybercrimes (Wall, 2007). Various studies of cybercrimehave been conducted (see, for example, studies published by Deviant Behavior and the International Journal of Cyber Criminology). These studies have examined cybercrime through the lens of psychology, sociology, and criminology, as well as other academic disciplines (Jaishankar, 2011; Chapter 11, Holt, Bossler, and Seigfried-Spellar, 2018; see also Chapters 5-9, Maras, 2016, for a review of cybercrime studies from multiple disciplines). Some literature explains criminals' actions as an outcome of rational and free choice, while other literature considers criminality as a product of internal and/or external forces (see, for example, key and classical works on criminology included in Mclaughlin and Muncie, 2013; see also Organized Crime Module 6 on Causes and Facilitating Factors of Organized Crime, for information about some of these theories). Other works have examined the role of "space" in cybercrime, particularly the role of online spaces and online communities in the cultural transmission of criminal and/or delinquent values (Evans, 2001; see also Chapter 6, Maras, 2016). These scientific studies on cybercrime seek to shed light on the impact of cybercrime, "the nature and extent of cybercrime, assess reactions to cybercrime and the implications of these reactions, and evaluate the efficacy of existing methods used in the control, mitigation, and prevention of cybercrime" (Maras, 2016, p. 13).

The Cybercrime University Module Series covers the application of some of these theories on cybercrime and cybercrime-related issues in Module 5 on Cybercrime Investigation, Module 8 on Cybersecurity and Cybercrime: Strategies, Policies and Programmes, Module 9 on Cybersecurity and Cybercrime Prevention: Practical Applications and Measures, Module 11 on Cyber-Enabled Intellectual Property Crime, and Module 12 on Interpersonal Cybercrime. There are too many theories to be able to cover them in the overviews of the topics provided in the Cybercrime Modules. However, the core and advanced readings featured in the Cybercrime Modules include studies from various disciplines that can be reviewed and the material from these studies can be incorporated in the lecture material based on and developed from the Modules.

Next: Cybercrime trends

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CyberCrime: A critical analysis of Judicial Decisions in India

Table of Contents

Introduction

Almost a decade ago, nobody knew what cybercrimes were. But today, this term has become a huge part of our daily parlance. We have come a long way in terms of development and standard of living with development in technology and internet connectivity. Though, we are not the only ones who can boast of basking in the advantageous glory of improved technology. The world has also seen a rise in a new kind of category of crime referred to as cybercrime.

What Is Cyber Crime?

Cybercrime is not just one country’s problem. It is an issue that affects people worldwide. This type of crime knows no borders[i] which makes it even more dangerous and harmful. A person in India can be very easily targeted by someone in the USA and all it takes is a computer system and a good internet connection.

Cybercrime takes within its ambit a lot of different kinds of crimes that involve the use of the internet and a computer system. Hacking, identity theft, phishing, scamming, ransomware, theft, online fraud are only some of the crimes that take place in cyberspace.

Due to the rapid development of technology, it is not possible to lay down a rigid definition of cybercrime. As the internet progresses, so does the criminal making it impossible for governments and other organizations to come up with a proper definition. In simple words, however, cybercrime can be said to be a crime that takes place in cyberspace, involves the use of the internet, computer system or computer technology[ii]. It is a crime that uses a computer system or targets one using the internet.

The Internet has not only given rise to a new category of crimes but has also enabled and evolved the traditional forms of crime such as theft, fraud, illegal gambling by giving them an online dimension[iii]. Certain offences have merely shifted their base from physical plane to the non-physical and borderless cyberspace. But they stay very much the same criminal acts. Therefore, it can be said that the new entrant cybercrime is the species whereas a conventional crime is its genus.

Law Governing Cyber Crime

The United Nations Commission on International Trade Law adopted the Model Law on Electronic Commerce in 1996. India was a signatory and had to revise existing laws as per the Model Law. Along with its obligations as a signatory, the Indian government also felt the need for laws facilitating e-commerce and e-governance[iv]. Consequently, the Information Technology Act, 2000 was enacted.

Certain penalties and offences were defined under the IT Act while amendments were also made in the existing statutes including the Indian Penal Code and the Indian Evidence Act among others to cover offences known categorically as Cybercrimes.

Judicial Decisions in India

In 2015, the Hon’ble Supreme Court of India gave one of its landmark judgments in Shreya Singhal v Union of India [v]. In this case, the constitutional validity of sections 66A and 69A of the IT Act was challenged. The apex Court held section 66A to be unconstitutional as it took within its ambit all kinds of information. This section was held to be unconstitutionally vague and outside the purview of reasonable restrictions as defined under Article 19(2) of the Constitution. It was held to be violative of the fundamental right to freedom of speech.

The apex court has time and again expressed its concern over the rising menace of cybercrimes and has also given a clear meaning to the words of the existing legislation.

• Tampering with Computer source code

In Syed Asifuddin v the State of Andhra Pradesh [vi], the Andhra Pradesh High Court held that by definition as well as by the definitions provided in the IT Act, a cell phone is a computer. Every service provider has to maintain its own System Identification Code and also give a specific number to each instrument to avail the services provided. Therefore, when the Electronic Serial Number (ESN) is altered, the provisions of section 65 of the IT Act are attracted. On the other hand, in Diebold Systems Pvt Ltd v The Commissioner of Commercial Taxes [vii], the court held that ATMs are not computers but electronic devices connected to a computer system that performs the tasks as required by the person using the said ATM.

In Sanjay Kumar v State of Haryana [viii], the accused was found guilty of dishonestly forging the bank records to cause wrongful loss to the bank and wrongful gain to himself under sections 420, 467, 468, and 471 of the IPC. On the other hand, the accused had tampered with the computer source code and altered the information that resided in the computer resource thereby committing offences sections 65 and 66 of the IT Act.

In State of Andhra Pradesh v Prabhakar Sampath[ix] , the accused was found guilty under section 43(a) read with section 66 of the IT Act for hacking the company servers of the complainant company. The guilt was proved beyond a reasonable doubt by the prosecution. The court held that since the research reports are generated after a painstaking study by highly qualified people by spending a lot of time and expense, the accused does not deserve a lenient view.

• Identity Theft and Cheating by Personation

NASSCOM v Ajay Sood [x] was a case of phishing where the defendant masqueraded as the plaintiff in order to obtain personal data from various addresses. The Court recognized phishing as a form of internet fraud and also as a security threat. The Court also observed that there were no legislations in India on phishing. An act amounting to phishing under the Indian law would be a misrepresentation made in the course of trade leading to confusion as to the source and origin of the email. It would also be an act of passing off.

In the Nigerian email scam case[xi], the Court found that the accused persons cheated others by dishonestly inducing them to win a lottery or get a job by sending e-mail/SMS on the internet and on mobile. They dishonestly cheated by personation by means of e-mails and mobile and thereby committed an offence under section 66D of the IT Act.

• Obscenity and Pornography

In Aveek Sarkar v State of West Bengal [xii], the Hon’ble Supreme Court once again tackled the question of what is obscene. The Court applied the Community Standard Test and held that the photograph in question must be viewed in the background in which it was shown and the message it has to convey to the public at large.

In Maqbool Fida Hussain v Raj Kumar Pandey [xiii], the court established that the test of obscenity under both the Information Technology Act and the Indian Penal Code is the same. The Court held that the nude depiction of Mother India might offend or disgust some people but that is not enough ground to prosecute someone. The Court further held that apart from applying the tests, the judge must also place himself in the shoes of the painter to decipher his theme and thought process.

The Court also firmly established that the criminal justice system should not be used as a mere tool in the hands of unscrupulous people for causing violations of rights of people, especially in the artistic field. It is the obligatory duty of the courts to protect individual rights and freedoms.

On the other hand in the State of Tamil Nadu v Suhas Katti [xiv], the accused had posted obscene messages in obscene Yahoo groups after creating a user id in the name of the complainant. He did so with the intention of harming her reputation just because she had refused to marry him. The charges were proved beyond reasonable doubt and the accused was found guilty of offences under sections 469, 509 of IPC and under section 67 of the IT Act.

Similarly, in The State v Yogesh Pandurang Prabhu , the accused sent several vulgar emails to the complainant after she had refused the former’s proposal for marriage. The court held that the accused had intentionally and knowingly intervened in the privacy of the complainant and hence the provisions of Section 66E of the IT Act were attracted. Since the material was posted only to be viewed by the complainant and not any other person, provisions of section 67 and 67A of the IT Act are not applicable here.

In Avinash Bajaj v State of Delhi[xv], the Delhi High Court granted bail to the CEO of the website named bazee.com on which an obscene video was uploaded for sale. The Court held that the actual clip could not be viewed on bazee.com and that the accused had no role in the sale.

• Violation of Intellectual Property in Cyberspace

In Syed Asifuddin, the Court had also held that by the definitions provided under the Copyright Act, a computer programme is protected under the said Act and altering of such a computer programme by another person would amount to copyright infringement.

In My Space Inc . v Super Cassettes Industries Ltd [xvi], the Court held that sections 79 and 81 of the IT Act and section 51(a)(ii) of the Copyright Act have to be read harmoniously. It was also held that proviso to section 81 does not preclude the affirmative defence of safe harbour for an intermediary in case of copyright actions. Actual knowledge is essential in the case of intermediaries and not general awareness. Additionally, the conditions specified under section 79 of the IT Act must be fulfilled to impose liability on an intermediary.

A petition was filed against Songs.pk and other similar websites that promote piracy in the Calcutta High Court. The Court banned songs.pk and the other websites in India by DNS name blocking, IP address blocking via routers and DPI based URL blocking[xvii].

• Jurisdiction

In World Wrestling Entertainment, Inc. v M/s Reshma Collection [xviii], the territorial jurisdiction of the Delhi High Court was challenged. The Court applied the principles of the Contract Act to the transaction taking place over the internet. It was held that when through a software or browser a transaction is confirmed and payment is made to the appellant through its website by a customer in Delhi, the plaintiff is accepting the said offer by the said customer in Delhi. The acceptance is instantaneously communicated through the internet to such customers. Therefore, part of the cause of action would arise in Delhi.

In Maqbool Fida Hussain v Raj Kumar Pandey [xix], the question of jurisdiction arose as to which court would be considered competent to try the case where the impugned painting is accessible across the globe. The Court observed that the existing provisions talked of local jurisdiction but none talked about jurisdiction in consonance with the advent of technological developments.

The Courts in our country—from district courts to the apex Court—have come face to face with multiple cybercrime cases some of which even shocked the whole nation. It is true that due to technological advances, the ambit of cybercrime keeps on expanding. The Courts have time and again recognized and accepted such expansion.

Ongoing through the various judicial decisions in India in cases comprising of cybercrimes it can be observed that the hands of the courts are tied. It is, no doubt, the responsibility as well as an obligatory duty of the courts to ensure that the individual rights of people are not violated. However, it is also true that the Court cannot take upon the role of the legislature. It can only give decisions based on the existing laws and their applicability to the facts and circumstances of each case.

In NASSCOM v Ajay Sood[xx] the court recognized the cybercrime of phishing but also found the absence of the appropriate law. Similarly, when in the case of Maqbool Fida Hussain the question of jurisdiction arose, the Court could only show its hope that the legislature will deal with the lacunae. But on the other hand, the Court answered the question of jurisdiction in the World Wrestling Entertainment case[xxi] based on the provisions of the Indian Contract Act.

In the case of Avinash Bajaj V State of Delhi[xxii], Mr Bajaj was made as an accused mainly because at that time the provisions of section 79 of the IT Act did not exist.

Ritu Kohli case[xxiii] was the first cyberstalking case to be registered in India but there are no separate provisions for it under the IT Act despite the act having happened in cyberspace. Even though it is an offence of a serious nature, it has not been given due attention by the legislature. In the absence of which, the Courts can try the matter only within the ambit of sections 354D and 509 of the IPC.

The Air Force Bal Bharti School case[xxiv] was the first where a 16-year-old boy was arrested for violation of section 67 of the IT Act. The Courts have since then clarified in many cases that the test of obscenity is the same in the IT Act as well as IPC. Similarly, other offences specified in the IPC such as theft, fraud, and cheating among others, when done through an online medium will have the same ingredients in the IPC as well as the IT Act.

Judicial decisions in cybercrime cases have come a long way since the enactment of the Information Technology Act, 2000. In Syed Asifuddin[xxv], the Court recognized cell phones as computer systems as defined under the IT Act thereby protecting the copyright of the cell phone makers on the source code used in the making of their cell phones. This decision was not only in consonance with the provisions of the Act but also with the rapidly changing technology.

Shreya Singhal case[xxvi] was seen as a victory by many and rightly so. The Hon’ble Supreme Court of India found section 66A of the IT Act to be unconstitutional. It made a stop to the unnecessary harassment of people on the basis of their opinions/comments published online.

The Court has thus been fulfilling its duty as an interpreter and upholder of the law. As for the implementation of its decision, the Court is not responsible for the same and depends on the executive as well as the legislature.

Cybercrimes are a rapidly increasing issue that knows no borders and can potentially affect almost everyone in the world. With every technological advance, a new crop of cybercrime can be seen to be sprouting. In times when a new form of crime has developed along with the shifting of the conventional crimes into cyberspace, it is the responsibility of the government as well as the Courts to ensure that the criminal justice system is up to date to fight such crimes. The Courts are bound by the word of law and cannot go beyond their role as defined by the Constitution of India.

Shalu Bhati

Shalu has incredible writing and reading skills and you will never miss a flow in her writings. Her favourite leisure activity is photography. She is also a poetess and a very humble person. In other words, she is as bright as a new penny. For any clarifications, feedback, and advice, you can reach us at [email protected]

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Cyber Crimes Center (C3)

Coordinates investigations of cyber-related criminal activity and provides forensic, intelligence and investigative support services across all HSI programmatic areas.

The DHS Cyber Crimes Center (C3) supports HSI’s mission through coordination of investigations of cyber-related criminal activity and provides forensic, intelligence and investigative support services across all HSI programmatic areas.

C3 brings together highly technical assets dedicated to conducting cross-border criminal investigations of cyber-related crimes. DHS C3 identifies and targets any cybercrime activity in which HSI has jurisdiction.

Its mission is to:

• Keep pace with emerging computer technology and cyber processes.
• Proactively use these new technologies to combat criminal activity and address vulnerabilities.
• Disseminate to field offices and worldwide law enforcement and intelligence organizations the most current trends, risks, procedures, lessons learned and investigative leads.
• Support investigations into cyber related criminal activities and vulnerabilities with state-of-the-art cyber investigative methods and computer forensic techniques.
• Homeland Security Investigations (HSI)

• Commercial Law
• Constitutional Law
• Criminal Law
• Law Related Discussion
• Legal Ethics
• Procedural Law
• Special Penal Laws
• The Cybercrime Law | What Is The Purpose of RA 10175

by  RALB Law

Cybercrime laws are legislations that set the offenses and penalties for cybercrimes in order to make one liable for their wrong doings using the cyberspace. Cybercrime is define as the crimes or wrongful acts directed and committed through the use of computers, information communication technologies, or data.

The Cybercrime Prevention Act of 2012, also known as Republic Act No. 10175, 1 is the foremost Statute in the the Philippines. Its purpose is to direct certain legal issues concerning the use of cyberspace, online interactions, and the usage of Internet in the Philippines since the advancement of technology is a fast becoming trend in the Philippines.

It also provides for punishment relative to the wrongful and unlawful acts done through the use of cyberspace.

RA 10175 gave the National Bureau of Investigation and the Philippine National Police the responsibility for the enforcement of the law, however, the Department of Justice (DOJ) is tasked to establish an Office of Cybercrime on concerns engages to international mutual assistance and extradition.

What crimes are punishable under RA 10175?

Among the crimes which are punishable under the Republic Act No. 10175 2 are the following:

a] cybersex, 3

b] libel or defamation using the cyberspace, 4

c] child pornography, 5 and

d] offenses against the strict confidentiality, integrity and availability of computer data and information 6 such as

d.1] illegal access 7 and interception, 8

d.2] interference of data, 9 interference of the system, 10

d.3] incorrect use of devices, 11

d.4] computer related offenses, 12

d.5] cyber-squatting, 13 any computer-related theft of Identity, 14

d.6] those unsolicited commercial communications, 15 and

d.7] computer-related fraud , 16 computer-related forgery 17

e] other offenses, 18 such as:

e.1] Aiding or Abetting in the Commission of Cybercrime 19

e.2] Attempt in the Commission of Cybercrime 20

f] felonies under the Revised Penal Code , where cyberspace is used for the commission thereof 21

What does RA 10175 intend to protect?

Republic Act 10175 intends to protect consumers who are dependent on cyber laws to safeguard them from online fraud or identity theft.

This Law is made to prevent identity theft, fraud and theft using the credit card and other financial and commercial crimes that usually happen online.

It also safeguards the children from child pornography and trafficking using the cyberspace. Last, of course, it protects the individual’s privacy and information and it respects the dignity of a person, thus, penalizing malicious imputations.

What is the importance of RA 10175?

Republic Act 10175 is important to sufficiently deter cyber-offenders and to safeguard the Philippines’ cyberspace. It is essential to monitor the potential crimes which may be possible to be committed using the availability of the cyberspace and advancement of the technology in the country.

This is to support the law enforcements efforts against computer crimes especially after the controversial “I love you” virus and other subsequently similar ones.

What law enforcement authorities are responsible for implementation RA 10175?

The law provides that the following are the law enforcement authorities tasked to implement the Cybercrime Act. The law has given the National Bureau of Investigation (NBI) as well as the Philippine National Police (PNP) the assignment to efficiently and effectively implement the provisions listed in the Act.

The NBI and the PNP shall also sort out a cybercrime division or unit to be managed by the Special Investigators in order to handle cases involving violations of the aforementioned Act.

The NBI shall also establish a cybercrime unit to be lead by at least a Head Agent. The PNP is also responsible in creating an anti-cybercrime division headed by a Police Director.

Why is there a need for cybercrime law?

There is a need to create a cybercrime law because cybercrime causes a real and extreme threat to every Filipino’s human right and livelihood.

It is also needed to support the wide efforts of the authorities to address the matters it needs to protect. On the other hand, governments should fight overbroad and aggressive cybercrime methods which threaten human rights.

The authorities have analyzed the vital risks to freedom of expression and privacy using the cyberspace and it poses a real danger to humanity without a law that would control and prohibit such dangers.

How does electronic evidence rule affect or complement RA 10175?

Electronic Evidence Rule are set of regulations as regards to the evidence used in judicial proceedings that originates from electronic devices like computers, cellphones, and its peripheral devices such as computer networks, digital cameras, and any other mobile devices which includes the data storage devices in all forms.

This evidence is not really dissimilar from the traditional evidence that are essential for the party to produce it into legal proceedings.

It affected the RA 10175 by simply adapting to the issues being addressed by such law. On procedural matters, there are additional authentication methods in order for such evidence to be admissible.

These electronic evidence are the same material used by the offender to perpetrate his crime so it would be easier to point out the offender and the crime he violated under the cybercrime Act.

How does RA 10175 affect social media?

Republic Act 10175 affected the social media by providing safeguards and limitations to whatever we post and whatever messages we sent online.

While it is true that we have a freedom of expression and speech, however, such is not absolute and poses certain limitations that we need to observe. We have to remember that in every right we possess, there is an equivalent responsibility.

How do you prosecute online illegal activities using RA 10175?

Pursuant to Section 20, Chapter IV of RA 10175, failure to comply with the provisions of Chapter IV, specifically the orders from law enforcement authorities, shall be punished as a violation of Presidential Decree No. 1829, entitled ‘Penalizing Obstruction Of Apprehension And Prosecution Of Criminal Offenders.’

The criminal charge for obstruction of justice shall be filed before the designated cybercrime court that has jurisdiction over the place where the non-compliance was committed.

More importantly, even the High Court has promulgated rules for the issuance of special seizure warrants for specific cybercrime offenses. 22

On a more granular level, the prosecution for those offenses are still similar with what we usually do. We determine if it is an in flagrante delicto act or the same that is subjected to full blown preliminary investigation.

However, both require probable cause to indict the the offender before the proper tribunal, which is now being progressively created as cybercrime courts.

How do you preserve the electronic evidence for the purpose of prosecution under RA 10175?

The law provides that Electronic evidence refers to evidence, the use of which is sanctioned by existing rules of evidence, in ascertaining in a judicial proceeding, the truth respecting a matter of fact, which evidence is received, recorded, transmitted, stored, processed, retrieved or produced electronically. 23

The law also provides that the integrity of traffic data and subscriber information shall be kept, retained and preserved by a service provider for a minimum period of six (6) months from the date of the transaction. 24

Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. 25

Law enforcement authorities may order a one-time extension for another six (6) months: Provided , That once computer data that is preserved, transmitted or stored by a service provider is used as evidence in a case, the mere act of furnishing such service provider with a copy of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the final termination of the case and/or as ordered by the Court, as the case may be. 25

What is the effect of violation of certain provisions of the Revised Penal Code through the use of internet, social media, digital platform?

The violation of the certain provisions of the Revised Penal Code through the use of internet, social media or digital form may also constitute a violation of the Republic Act 10175.

For instance, the offender violated the provisions of libel through the use of cyberspace, then that may be a violation of Republic Act 10175 and he may be liable as such.

How can the Data Privacy Act affect RA 10175?

Violation of Data privacy is considered as a cybercrime. Although both laws are confusing with which law must be applicable, data privacy Act widens the possible act which may be punishable thereof.

While data privacy is being protected in cyber crime law however, the Data Privacy Act comprises the specific Acts which shall be punishable under the law.

How will an online gambling violate the provision of RA 10175?

Internet gambling has shown a wide range of struggles referring to its validity and acceptability by the society and the government, the regulation of use, and possibility of abuse.

If evidently discovered that the offenders are operating illegal activities under the guise of a legal business, additional criminal case may be charged against him and that includes the violation of the Republic Act 10175.

Unregulated online gambling also falls within the provisions of the the Cybercrime Law.

Does RA 10175 apply also to violations of other Special Penal Laws? 

Yes. For instance in Data Privacy Act, the law provides that it is a law that seeks to protect all forms of information, be it private, personal, or sensitive. It is meant to cover both natural and juridical persons involved in the processing of personal information.

This Act applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately succeeding paragraph: Provided, That the requirements of Section 5 are complied with. These information being covered may also be part of the cyberspace. 26

What is the effect upon the penalties under the Revised Penal Code when certain provisions of the latter have been violated through cyber acts?

The law provides that all crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be. 27

What is the prescription of Cybercrime Libel?

Our Revised Penal Code states that the prescription for the libel is one year. On the other hand, the crime of slander by deed and oral defamation shall prescribe in six months.

Hence, the question is: will the one year prescriptive period also apply to cybercrime libel ? There has yet been no categorical answer to this point.

Nonetheless, since cybercrime libel is an amendment only of the provision in the Revised Penal Code in relation to the felony of libel, we believe that the one year prescriptive period will apply also to cybercrime libel. This will likewise be in keeping with the doctrine of pro reo. 

What has been decided

Under the overbreadth doctrine, a proper governmental purpose, constitutionally subject to state regulation, may not be achieved by means that unnecessarily sweep its subject broadly, thereby invading the area of protected freedoms. 28

But Section 4(a)(3) does not encroach on these freedoms at all. It simply punishes what essentially is a form of vandalism, the act of willfully destroying without right the things that belong to others, in this case their computer data, electronic document, or electronic data message. 29

Such act has no connection to guaranteed freedoms. There is no freedom to destroy other people’s computer systems and private documents. 29

Whether emailing or, as in this case, sending emails to the persons named in the Information—who appear to be officials of Subic Bay Metropolitan Authority where Subic Bay Marine Exploratorium is found—is sufficiently “public,” as required by Articles 353 and 355 of the Revised Penal Code and by the Anti-Cybercrime Law, is a matter of defense that should be properly raised during trial. 30

Closing Perspective

The cybercrime law may have been created to deter wrongful acts using the cyberspace. May one of the catalysts that propels the enactment of the said statute was the creation of the ‘I love you’ virus.

It caused billions of losses around the world not only in the Philippines. Nonetheless, the perpetrator was acquitted because there is no law punishing such act during that time.

Aside from that, a lot of scandalous acts which really destroyed someone’s image has been spread using the social media and the internet. Consequently, the Anti-Cybercrime Act must be implemented to protect our rights as an internet and technology users.

• RA 10175 [ ↩ ]
• Sections 4, 5, and 6 of RA 10175 [ ↩ ]
• Section 4[c][1] [ ↩ ]
• Section 4[c][4] [ ↩ ]
• Section 4[c][2] [ ↩ ]
• Section 4[a] [ ↩ ]
• Section 4[a][1] [ ↩ ]
• Section 4[a][2] [ ↩ ]
• Section 4[a][3] [ ↩ ]
• Section 4[a][4 [ ↩ ]
• Section 4[a][5] [ ↩ ]
• Section 4[b] [ ↩ ]
• Section 4[a][6] [ ↩ ]
• Section 4[b][3] [ ↩ ]
• Section 4[3][c] [ ↩ ]
• Section 4[b][1] [ ↩ ]
• Section 4[b][2] [ ↩ ]
• Section 5 [ ↩ ]
• Section 5[1] [ ↩ ]
• Section 5[2] [ ↩ ]
• Section 6 [ ↩ ]
• SC sets rules on issuance of warrants for Cybercrime law [ ↩ ]
• Section3[u], Definition of Terms, IRR of RA 10175 [ ↩ ]
• Section 12, IRR of RA 10175 [ ↩ ]
• Id. [ ↩ ][ ↩ ]
• Data Privacy Act,  Section 4, RA 10173 [ ↩ ]
• Supra., Section 6, RA 10175 [ ↩ ]
• Disini vs. Secretary of Justice, et al., G.R. No. 203335, February 11, 2014 [ ↩ ]
• Ibid. [ ↩ ][ ↩ ]
• Virginia Dio vs. People, G.R. No. 208146, June 08, 2016 [ ↩ ]

RALB Law | RABR & Associates Law Firm

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DA Alvin Bragg's case against Donald Trump is 'historic mistake': New York Times guest essay

M anhattan District Attorney Alvin Bragg's case against former President Trump is a "historic mistake," a law professor argued in an opinion piece published Tuesday. 

In a New York Times guest essay, Boston University law professor Jed Handelsman Shugerman argued Bragg was overreaching in his attempts to try a federal election crime under New York state law. He said the Manhattan's DA allegation against Trump was "vague" since the prosecution failed to specify "an election crime or a valid theory of fraud."

Trump faces 34 counts of falsifying business records in relation to alleged hush money payments made to pornography actress Stormy Daniels prior to the 2016 election. The presumptive GOP presidential nominee returned to court Tuesday as the trial continues, Fox News Digital reported.

GOV GAVIN NEWSOM WORRIES ABOUT ‘OVERINDULGENCE,’ ‘OBSESSION’ WITH TRUMP HUSH MONEY TRIAL: ‘LESS IS MORE’

Shugerman suggested Bragg should instead center his argument around the idea that "it's not the crime; it's the cover-up" and pointed to allegedly falsified business records.

"Most of them were entered in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have foreseen an investigation into his campaign, leading to its financial records. Mr. Trump may have falsely recorded these internal records before the FEC filing as consciously part of the same fraud: to create a consistent paper trail and to hide intent to violate federal election laws, or defraud the FEC," Shugerman wrote. 

READ ON THE FOX NEWS APP

However, the law professor noted Bragg's filing and Monday's opening statements do not indicate prosecutors were following this approach. He also conceded that his own explanation could also have "significant legal problems."

Bragg's election interference theory is "weak," Shugerman wrote. "As a reality check, it is legal for a candidate to pay for a nondisclosure agreement."

TRUMP SAYS CRIMINAL TRIAL IS HAVING 'REVERSE EFFECT' AS HE CAMPAIGNS AT NEW YORK BODEGA, VOWS TO SAVE CITY

Shugerman also raised three problems with Bragg's effort to try a federal crime in a state court. The first, he wrote, was that there was no previous case of "any state prosecutor relying on the Federal Election Campaign Act," which he called an "overreach."

The second issue he raised was that the prosecutors didn't cite judicial precedents involving the criminal statute at hand.

"Mr. Trump’s lawyers argued that the New York statute requires that the predicate (underlying) crime must also be a New York crime, not a crime in another jurisdiction. The Manhattan DA responded with judicial precedents only about other criminal statutes, not the statute in this case. In the end, they could not cite a single judicial interpretation of this particular statute supporting their use of the statute," Shugerman wrote.

The third problem was that precedent in New York did not allow "an interpretation of defrauding the general public," Shugerman wrote.

Shugerman said it was reasonable to question whether the case against Trump was about "Manhattan politics" rather than New York law.  

"This case is still an embarrassment of prosecutorial ethics and apparent selective prosecution," Shugerman concluded, adding that Trump could win in appellate courts if he is convicted. "But if Monday’s opening is a preview of exaggerated allegations, imprecise legal theories and persistently unaddressed problems, the prosecutors might not win a conviction at all."

Original article source: DA Alvin Bragg's case against Donald Trump is 'historic mistake': New York Times guest essay

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Guest Essay

I Thought the Bragg Case Against Trump Was a Legal Embarrassment. Now I Think It’s a Historic Mistake.

By Jed Handelsman Shugerman

Mr. Shugerman is a law professor at Boston University.

About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. I thought an array of legal problems would and should lead to long delays in federal courts.

After listening to Monday’s opening statement by prosecutors, I still think the district attorney has made a historic mistake. Their vague allegation about “a criminal scheme to corrupt the 2016 presidential election” has me more concerned than ever about their unprecedented use of state law and their persistent avoidance of specifying an election crime or a valid theory of fraud.

To recap: Mr. Trump is accused in the case of falsifying business records. Those are misdemeanor charges. To elevate it to a criminal case, Mr. Bragg and his team have pointed to potential violations of federal election law and state tax fraud. They also cite state election law, but state statutory definitions of “public office” seem to limit those statutes to state and local races.

Both the misdemeanor and felony charges require that the defendant made the false record with “intent to defraud.” A year ago, I wondered how entirely internal business records (the daily ledger, pay stubs and invoices) could be the basis of any fraud if they are not shared with anyone outside the business. I suggested that the real fraud was Mr. Trump’s filing an (allegedly) false report to the Federal Election Commission, and that only federal prosecutors had jurisdiction over that filing.

A recent conversation with Jeffrey Cohen, a friend, Boston College law professor and former prosecutor, made me think that the case could turn out to be more legitimate than I had originally thought. The reason has to do with those allegedly falsified business records: Most of them were entered in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have foreseen an investigation into his campaign, leading to its financial records. He may have falsely recorded these internal records before the F.E.C. filing as consciously part of the same fraud: to create a consistent paper trail and to hide intent to violate federal election laws, or defraud the F.E.C.

In short: It’s not the crime; it’s the cover-up.

Looking at the case in this way might address concerns about state jurisdiction. In this scenario, Mr. Trump arguably intended to deceive state investigators, too. State investigators could find these inconsistencies and alert federal agencies. Prosecutors could argue that New York State agencies have an interest in detecting conspiracies to defraud federal entities; they might also have a plausible answer to significant questions about whether New York State has jurisdiction or whether this stretch of a state business filing law is pre-empted by federal law.

However, this explanation is a novel interpretation with many significant legal problems. And none of the Manhattan district attorney’s filings or today’s opening statement even hint at this approach.

Instead of a theory of defrauding state regulators, Mr. Bragg has adopted a weak theory of “election interference,” and Justice Juan Merchan described the case , in his summary of it during jury selection, as an allegation of falsifying business records “to conceal an agreement with others to unlawfully influence the 2016 election.”

As a reality check: It is legal for a candidate to pay for a nondisclosure agreement. Hush money is unseemly, but it is legal. The election law scholar Richard Hasen rightly observed , “Calling it election interference actually cheapens the term and undermines the deadly serious charges in the real election interference cases.”

In Monday’s opening argument, the prosecutor Matthew Colangelo still evaded specifics about what was illegal about influencing an election, but then he claimed , “It was election fraud, pure and simple.” None of the relevant state or federal statutes refer to filing violations as fraud. Calling it “election fraud” is a legal and strategic mistake, exaggerating the case and setting up the jury with high expectations that the prosecutors cannot meet.

The most accurate description of this criminal case is a federal campaign finance filing violation. Without a federal violation (which the state election statute is tethered to), Mr. Bragg cannot upgrade the misdemeanor counts into felonies. Moreover, it is unclear how this case would even fulfill the misdemeanor requirement of “intent to defraud” without the federal crime.

In stretching jurisdiction and trying a federal crime in state court, the Manhattan district attorney is now pushing untested legal interpretations and applications. I see three red flags raising concerns about selective prosecution upon appeal.

First, I could find no previous case of any state prosecutor relying on the Federal Election Campaign Act either as a direct crime or a predicate crime. Whether state prosecutors have avoided doing so as a matter of law, norms or lack of expertise, this novel attempt is a sign of overreach.

Second, Mr. Trump’s lawyers argued that the New York statute requires that the predicate (underlying) crime must also be a New York crime, not a crime in another jurisdiction. The district attorney responded with judicial precedents only about other criminal statutes, not the statute in this case. In the end, the prosecutors could not cite a single judicial interpretation of this particular statute supporting their use of the statute (a plea deal and a single jury instruction do not count).

Third, no New York precedent has allowed an interpretation of defrauding the general public. Legal experts have noted that such a broad “election interference” theory is unprecedented, and a conviction based on it may not survive a state appeal.

Mr. Trump’s legal team also undercut itself for its decisions in the past year: His lawyers essentially put all of their eggs in the meritless basket of seeking to move the trial to federal court, instead of seeking a federal injunction to stop the trial entirely. If they had raised the issues of selective or vindictive prosecution and a mix of jurisdictional, pre-emption and constitutional claims, they could have delayed the trial past Election Day, even if they lost at each federal stage.

Another reason a federal crime has wound up in state court is that President Biden’s Justice Department bent over backward not to reopen this valid case or appoint a special counsel. Mr. Trump has tried to blame Mr. Biden for this prosecution as the real “election interference.” The Biden administration’s extra restraint belies this allegation and deserves more credit.

Eight years after the alleged crime itself, it is reasonable to ask if this is more about Manhattan politics than New York law. This case should serve as a cautionary tale about broader prosecutorial abuses in America — and promote bipartisan reforms of our partisan prosecutorial system.

Nevertheless, prosecutors should have some latitude to develop their case during trial, and maybe they will be more careful and precise about the underlying crime, fraud and the jurisdictional questions. Mr. Trump has received sufficient notice of the charges, and he can raise his arguments on appeal. One important principle of “ our Federalism ,” in the Supreme Court’s terms, is abstention , that federal courts should generally allow state trials to proceed first and wait to hear challenges later.

This case is still an embarrassment, in terms of prosecutorial ethics and apparent selectivity. Nevertheless, each side should have its day in court. If convicted, Mr. Trump can fight many other days — and perhaps win — in appellate courts. But if Monday’s opening is a preview of exaggerated allegations, imprecise legal theories and persistently unaddressed problems, the prosecutors might not win a conviction at all.

Jed Handelsman Shugerman (@jedshug) is a law professor at Boston University.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

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