Summary: Laws against Cybercrime

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Costs of crime estimates can play an important role in helping the Government to achieve the greatest impact on crime for the money spent. The estimates can be used in both appraisal and evaluation of crime reduction policies. They can help the Government to priorities, focusing scarce resources on policies that have the biggest impact on harm caused by crime, rather than simply the number of crimes. The Home Office has previously published research examining the costs of traditional crimes such as burglary and violent crimes. The Home Office also published a report estimating the social and economic costs of organized crime. However, due to the challenges associated with robustly calculating costs, cyber crime has not been included in any such estimates to date. In light of the emergence of new threats from cyber-enabled crimes and cyber-dependent crimes there is now a need to look at the impacts of new modern crime types and attempt to quantify the costs they pose to the UK economy. The costs of crime work have taken an iterative research approach, and has published updates as methods and cost estimates have improved. This has enabled the cost of crime research to drive improvements in future research, as well as summarizing the best-known cost estimates for the research community in an easy-to-access manner.

In calculating estimates, the costs of crime research has focused on the economic cost to the UK per incident, and has separately used estimates of the prevalence of crime in order to form an overall understanding of the cost of crime. Costs considered by this research have been broken down into three categories:

  • costs in anticipation;
  • costs as a consequence; and
  • costs in response.

The methodological approach taken by the previous costs of crime research study has formed the basis of the approach taken in the costs of cyber crime research presented in this report.

In light of the lessons learned from the literature review exercise and a desire to promote consistency in future research, the Costs of Cyber Crime Working Group commissioned a project to devise a costs of cyber crime framework to summarise and understand better the different estimates of the costs of cyber crime. This project was undertaken by Dr Adam Bossler, in conjunction with Home Office Analysis and Insight. The framework approach was based closely on the Home Office’s previous research investigating the costs of crime.

The costs of cyber crime framework is an attempt to combine all that is known about the costs into one table that would enable greater understanding of current (as at 2016) research gaps and encourage further research. This intention was to enable researchers to identify what the various different component costs of cyber crime are, and how these combine to form the overall cost of cyber crime – a resource that did not previously exist in the extant literature. Considering costs in this way should help researchers to identify gaps for future research, facilitating the design of consistent research, which could be used together in future to get closer to understanding the overall cost of cyber crime. The framework, summarizing a range of component costs

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Running head: LAWS AGAINST CYBERCRIME 1 Laws against cybercrime Summary Forms of cybercrimes.  Cyber extortion  Cyber terrorism  Cyberwarfare  financial fraud ▪ Carding ▪ Identity theft Cyber laws are laws that apply to internet and computer-related technology. These laws provide legal protection to people and organizations using the internet on a daily basis. Information technology law refers to laws that dictate how information is collected, transmitted, and stored. Cyberlaw are regulations on the usage of internet and computer laws cover both the internet and laws Cyber laws and intellectual property.  Copyright  Patents  Trademark and service marks  Contracts  Trade secrets laws ▪ formulas, patterns, and processes LAWS AGAINST CYBERCRIME 2 As it stands now, cyber regulations comprise directives from the executive wing and legislation courtesy of the Congress. There exist three major federal cybersecurity regulations: – 1996 Health Insurance Portability and Accountability Act (HIPAA), 1999 Gramm-Leach-Bliley Act, 2002 Homeland Security Act, which included the Federal Information Security Management Act (FISMA). Other laws concerning cyber security passed are:  Cybersecurity Information Sharing Act (CISA).  Cybersecurity Enhancement Act of 2014.  Federal Exchange Data Breach Notification Act of 2015  National Cybersecurity Protection Advancement Act of 2015. Introduction Cybercrime is a crime that is perpetrated by the use of computer and computer-related technology. It is the new world menace where the word has lost tons of information due to its corruption and deletion. Cybercrime has also dealt a blow on the global economy where money has been lost through cyber-attacks on financial institutions and individuals. Efforts have been put place by governments and information agencies to prevent cybercrime or to reduce its effect on the targets. Forms of cybercrimes Cybercrimes exist in different forms. The main categories are based on the computer where at one level the machine is the target for cybercrime and second where the equipment is used as a tool to execute the crime. When the target, cybercrimes include computer viruses, LAWS AGAINST CYBERCRIME 3 denial-of-service attacks, and malware. When the computer is used as a tool to perpetrate cybercrimes they include: fraud, information warfare, phishing scams, and spams. Computer frauds are another form of cybercrime. They are the dishonest misinterpretation of the intended information restricting one from doing something or giving another the power to do so. This more often than not leads to losses. The most common type of fraud is financial fraud where individual may gain benefit by altering data before entry or entering false information, suppressing information to conceal unauthorized transactions or by deleting stored information. Other forms include bank fraud which refers to financial institutions losing money, assets and other property in their possession frequently or individuals losing the same to fraudsters who present themselves as banks and other financial institutions. There is also carding which means trafficking credit cards, bank accounts, and additional personal financial information. It also involves obtaining details and money laundering techniques. Identity theft is another form of fraud crime where one uses another person’s identity to gain financial advantage and maybe a credit. It is disadvantageous to the individual whose identity is used primarily when they are required to take responsibility for the actions of the imposters. Another category of cybercrime is cyber extortion where a website, an email is subject or threatened with continuously repeated denial of services or other attacks by hackers. The attackers then demand payment to stop the attacks and provide protection from future attacks. Cyber terrorism is terrorism that takes place on computer networks. It may be in the pure form of spreading terrorist’s threats via the various social platforms. It may also be in the compound from where a cyber-terrorist intimidates a government or organization to advance their political or social stands. An example of such cyber-attacks is the attack on Sony pictures back in 2014. A group of hackers who identify themselves as Guardians of Peace (GOP) attacked the company a LAWS AGAINST CYBERCRIME 4 piece of leaked confidential information which included personal knowledge of the employees and their families, information on executive salaries and copies of unreleased films. The group demanded that Sony pictures suspend the release of a movie, the interview, which was a comedy on the assassination of the North Korean leader. After an investigation, the U.S agencies concluded that North Korea funded the attack, claims that the latter refused. Cyber warfare is cybercrimes that involve attacks and confrontations between nations. The most critical cyber warfare is the December 2015 attack on Ukraine’s power grid by the Russians. This appears to be the new line along which countries face off. Cyber laws and cyber security Genuine efforts have been seen as the countries, and global information agencies try to deal with cybercrime. They all have put measure geared towards countering cybercrime and reducing the effects of the same. This brings up the topic of cybersecurity. To ensure cybersecurity, elaborate laws that determine what is right and wrong within the cyberspace (Ghernaouti-Helie, 2016). Cyber laws are laws that apply to internet and computer-related technology. These laws provide legal protection to people and organizations using the internet on a daily basis. Other terms related to cyber laws are information technology law, cyber or internet law, and computer law. Information technology law refers to rules that dictate how information is collected, transmitted, and stored. Cyberlaw is regulations on the usage of internet and computer laws cover both the internet and requirements related to computer intellectual property. Intellectual properties in the cyberspace include inventions, literature, music, and businesses. To fall into this category, they all must be offered online. LAWS AGAINST CYBERCRIME 5 Cyber laws and intellectual property Intellectual property that is related to cyber laws falls under several categories. The primary IP cyber law is copyright which protects cyber protection on anything that one can transmit over the internet. This includes books, movies, and blogs, among others. Patents are used in the protection of new inventions that are available online. They are used for two main reasons one being the protection of new software and two protection of new online business methods. Trademark and service marks are used online to mark ownership of websites through trademarks and services provided on the sites using service marks. Contracts involve agreement of terms and service when registering anything on the internet, a website is an example. Trade secrets laws protect many intellectual property forms which include formulas, patterns, and processes. Online businesses use trade secrets for various reasons. This doesn't prevent reverse engineering, however. The relevance of cyber laws in today's world Cyber laws are essential in today’s world. The level of technological advancement in the cyberspace today's calls for some regulation and boundaries set. Cyber laws affect this as they touch on every transaction that takes place on the internet. The truth is that every activity that is executed in the cyberspace and its corresponding reaction has a legal and cyberspace legal perspective. There are boundaries when crossed harm and losses are experienced. This is where cyber law comes in to set aside what is right and make the wrong deeds consequential. Cyber laws concern an individual’s activity on the cyberspace from the start to the last. It may seem insignificant, but every action from registering a domain name, uploading information on various internet platforms, sending emails, among other activities have implications. Being active in the LAWS AGAINST CYBERCRIME 6 cyberspace puts one as a target of cybercrimes. Cyber laws are in place to provide jurisdiction at the occurrence of such an individual suffering a cyber-attack. The importance of cyber laws intensifies each day with the increase in technological advancement. The efficiency of the, however, varies from country to country. The rules are advanced in some countries such as India USA and Great Britain. Domestic efforts in this country have given their respective government a good grip on the fight against cybercrimes. Cyber laws in the USA The security and security laws in America are with no doubt the most effective and oldest in the game. As it stands now, cyber regulations comprise directives from the executive wing and legislation courtesy of the Congress. They safeguard information technology and computer systems. The role of these regulations is to oblige companies and organizations to protect their networks against cyber-attacks such as viruses, denial of service attacks, Trojan horses, and control system attacks in the case of occurrence. There exist three major federal cybersecurity regulations: – 1996 Health Insurance Portability and Accountability Act (HIPAA), 1999 Gramm-Leach-Bliley Act, 2002 Homeland Security Act, which included the Federal Information Security Management Act (FISMA). The regulations authorized healthcare organizations, financial institutions to secure their information from cyber-attacks. These regulations, however, are not fool proof in obtaining data, and they also fail to address all computer related industries. The vagueness in the language in these regulations makes them challenging to interpret. Over the years more federal laws have been documented to provide more elaborate control on the cybersecurity issue. LAWS AGAINST CYBERCRIME 7 Cybersecurity Information Sharing Act (CISA). The bill was tabled before Senate on July 10th, 2014 and passed into law on October 27th, 2015. The law allows the federal government to share critical information about cybersecurity with information agencies and manufacturing companies. This was argued to boost enhanced fight against cybercrimes. Cybersecurity Enhancement Act of 2014. Provides an ongoing partnership between the public and private parties for forming a strong and enhanced force working on cybersecurity research and development. The collaboration will also enhance cybercrime awareness and preparedness. Federal Exchange Data Breach Notification Act of 2015 this requires a health insurance exchange to notify an individual whose personal information has been acquired as a result of a breach on the systems of the trade within sixty days of the violation. National Cybersecurity Protection Advancement Act of 2015. It was an amendment of the homeland security act of 2002 where national cybersecurity and communications integration centre (NCCIC) which is under the department of homeland security was mandated to include tribal governments, analysis centres and private entities among its non-federal representatives. Cyber laws in India The first law was information technology act 2000 which dictated that anyone who had the intentions or knew that they were likely to cause wrongful loss to the public deletes or alters information residing within computer resources or by any way reduces its value commits hack. Was created to boost the IT industry, regulate e-commerce, facilitate e-governance and curb cybercrimes. The act also sought to foster security measures that would be applied in the country in a global context. Later in 2008, the law was amended to give birth to the Information LAWS AGAINST CYBERCRIME 8 Technology (amended) Act (2008). The rules contained several sections which outline cybercrimes and penalties of committing the same. India is a significant study area when it comes cyber-crimes, cyber security and cyber laws. The main reason behind this is that India the laws against cybercrime are well elaborated and thus useful. The first law was information technology act 2000 which dictated that anyone who had the intentions or knew that they were likely to cause wrongful loss to the public deletes or alters information residing within computer resources or by any way reduces its value commits hack. The penalty for determining hack is three years imprisonment or with fine which may range up to two lakh rupees, or with both. Later in 2008, the law was amended to give birth to the Information Technology (amended) Act (2008). The regulations contained several sections which outline cybercrimes and penalties of committing the same (Khan, 2016). The original act was created to boost the IT industry, regulate e-commerce, facilitate e-governance and curb cybercrimes. The bill also sought to foster security measures that would be applied in the country in a global context. The amendment was made to address issues that the original law failed to discuss and to cater to the information technology advancement since the original bill was created. Information technology amendment of 2008 had several changes of the original law which included redefinition of terms such as “communication devices” to fit the current meaning, validating electronic signatures and contracts, making the owner of an intellectual property address responsible for any information transmitted through it, mandating corporations responsible of putting in place measures to curb and counter cyber-attacks and also make them liable for breaches once they happen. ITA (2008) had, among others, the following objectives: 1. Give legal recognition to any transaction that was done electronically or via the internet LAWS AGAINST CYBERCRIME 9 2. Provide legal recognition to digital signature for accepting any agreements reached online 3. Make it possible for any company to store their data in electronic storage. 4. To fight computer crimes and protect the privacy of internet users 5. Provide legal recognition to keeping a book of records by banks and other companies in the electronic form The act has sections that outline clearly the consequences of breaching the set regulations on cyberspace. Section 66A looks at the punishment of sending offensive messages through communication service. Section 66C looks at the penalty for identity theft, section 66D shines the spotlight on the punishment for cheating through personation via a computer resource, and section 66E elaborates the sentence for the violation of privacy. Cyber laws in Pakistan Pakistan has numerous cyber laws promulgated, but of the all two stand out categorically: Electronic Transaction Ordinance 2002 and Electronic or Cyber Crime Bill 2007. The Electronic Transaction Ordinance 2002 (ETO) was the first primary technological law in the country. The law has borrowed heavily from foreign laws regarding cybercrime and cybersecurity. The primary objective of the act was to protect Pakistani e-commerce locally and globally and protect the country’s critical infrastructure. Electronic or Cyber Crime Bill of 2007 dealt with crimes such as cyber terrorism, data damage, and electronic fraud, unauthorized access to codes, and cyber spoofing or spamming. The act makes it clear that action for committing these crimes applies to everybody regardless of their nationality or citizenship. It also gives power to the Federal Investigation Agency (FIA) to investigate and take action on such wrongdoings. The crimes under this law have a clear punishment which could be either imprisonment or fine or both. The imprisonment punishment LAWS AGAINST CYBERCRIME 10 for the crimes is varied depending on the severity of the offense with three years sentence for criminal access and life imprisonment for cyber terrorism. Other laws regarding cybercrime include the Computer Misuse Act 1990 (Great Britain) which looks at data and computer systems. It comprises of three sections where section one looks at unauthorized use of a computer, hacking to be specific. Section two looks at instances where section one has been violated and the aftermath. Chapter three is concerned with cases where a computer is altered illegally due to virus introduction and denial of service activities. Documented cases One of the highest described banking computer crime happened for three years beginning in 1970. The leading teller at the Park Avenue branch of New York's Union Dime Savings Bank stole over $1.5 million from hundreds of accounts. A hacking group called MOD (Masters of Deception), allegedly took passwords and technical data from Pacific Bell, Nynex, and other telephone companies as well as several big credit agencies and two major universities. The damage caused was wide-ranging, one company, Southwestern Bell suffered losses of $370,000 alone. In 1983, a 19-year-old UCLA student used his PC to break into a Defence Department International Communications system Between 1995 and 1998 the Newscorp satellite pay to view encrypted SKY-TV service was hacked occasionally during an ongoing technological arms contest between a pan-European hacking group and Newscorp. The original inspiration of the hackers was to watch Star Trek reruns in Germany; the Newscorp did not have the copyright to allow watching of the re-run. On 26 March 1999, the Melissa worm infected a document on a victim's computer, then spontaneously sent that document and a copy of the virus spread via e-mail to other victims. LAWS AGAINST CYBERCRIME 11 In February 2000, an individual identified by the alias of Mafia Boy instigated a series of denialof-service attacks against high-profile websites, including Yahoo!, Dell, Inc., E*TRADE, eBay, and CNN. About 50 computers at Stanford University, and also computers at the University of California at Santa Barbara, were amongst the zombie computers sending pings in DDoS attacks. On 3 August 2000, Canadian federal prosecutors charged Mafia Boy with 54 counts of illegal entrée to computers, plus a total of ten counts of damage to data for his attacks. The Stuxnet worm corrupted SCADA microprocessors, particularly of the types used in Siemens centrifuge controllers. The Russian Business Network (RBN) was registered as an internet site in 2006. Initially, much of its activity was legitimate. But apparently, the founders soon discovered that it was more profitable to host illegal activities and started hiring its services to criminals. VeriSign has described the RBN as "the baldest of the bad." It offers web hosting services and internet access to all kinds of criminal and objectionable activities, with individual activities earning up to $150 million in one year. It specialized in and in some cases monopolized personal identity theft for resale. It is the originator of MPack and an alleged operator of the now-defunct Storm botnet. On 2 March 2010, Spanish investigators arrested in infection of over 13 million computers around the world. The "botnet" of infected computers included PCs inside more than half of the Fortune 1000 companies and more than 40 major banks, according to investigators. In August 2010 the international investigation Operation Delego, operating under the sponsorship of the Department of Homeland Security, shut down the international pedophile ring Dream board. The website had approximately 600 members and may have distributed up to 123 terabytes of child pornography (roughly equivalent to 16,000 DVDs). To date this is the single LAWS AGAINST CYBERCRIME 12 largest U.S. prosecution of an international child pornography ring; 52 arrests were made worldwide. In January 2012 Zappos.com experienced a security breach after as many as 24 million customers' credit card numbers, personal information, billing and shipping addresses had been compromised. In June 2012 LinkedIn and eHarmony were attacked, com ...
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