Cyber Crime - Explained
What is a Cyber Crime?
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
-
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
- Courses
What is Cyber Crime?
Federal law provides that a person who intentionally accesses a computer without authorization or exceeds authorized access to obtain classified, restricted, or protected data, or attempts to do so, is subject to criminal prosecution.
- Example: Types of cybercriminal conduct include: hacking, cyber terrorism, destruction of data, phishing, unlawful appropriation of data or services.
Back to: CRIMINAL LAW Next Chapter: CIVIL LITIGATION
Discussion Question
Do you think it should be a crime for individuals like Edward Snowden to disclose governmental data? Do you think it should be a crime to access the back-end database on someone's private website? At the opposite end of the spectrum, if someone walks away from a public computer and fails to log out of her email account, do you think it should be criminal to read that person's emails? What if you were to send an email (even as a joke) from that person's email account?
- Some would argue that Snowden is a criminal and deserving of punishment. Others would say that Snowden's conduct was patriotic in that it disclosed to the public a litany of questionable government conduct. Most believe that hacking a website is and should be illegal. Others may not see the seriousness of snooping on someone else's account if left open on a computer. Many would not realize that accessing this information is criminal, whether there is any nefarious conduct. It begs the question of whether there should be a specific intent element behind these types of conduct.
Practice Question
Clarence has his own business website that he hosts on a personal server. He manages the site personally with WordPress. Alice is aware of Clarence's website setup and wants to play a joke on him. She guesses his password and logs into his website server. She then changes the title to read, Alice is Amazing. Clarence is outraged by Alice's joke. Has Alice committed a crime?
- Alice could be guilty of committing cyber-crimes against Clarence because she, without Clarence's consent, changed the website's password and title to suit her silly intentions. Cyber-crime is any criminal activity that involves a computer, networked device or a network. While most cyber-crimes are carried out in order to generate profit for the cyber criminals, some cyber-crimes are carried out against computers or devices directly to damage or disable them, while others use computers or networks to spread malware, illegal information, images or other materials. Here are common types of attacks cybercriminals have been known to use:
- Distributed DoS attacks-which are often used to shut down systems and networks.
- Infecting systems and networks with malware which is used to damage the system or harm users by damaging the system, software or data stored on the system.
- Phishing campaigns are used to infiltrate corporate networks by sending fraudulent emails to users in an organization, enticing them to download attachments or click on links that then spread viruses or malware to their systems and through their systems to their company's network.
- Credentials attacks, where the cybercriminal aims to steal or guess user IDs and passwords for the victims systems or personal accounts, can be carried out through the use of brute force attacks by installing key sniffer software or by exploiting vulnerabilities in software or hardware that can expose the victims credentials.
- Cybercriminals may also attempt to hijack a website to change or delete content or to access or modify databases without authorization.
Related Topics
- Criminal Law (Intro)
- What is Criminal Law?
- What are the elements of a crime?
- Classifications of crimes Misdemeanor vs Felony Criminal Charges?
- What is the process of bringing criminal charges?
- Cease and Desist Order
- What is the process for executing an arrest?
- What are the exceptions to reading Miranda Rights?
- What is the process for initiating criminal charges?
- Prima Facie
- What is the Arraignment and Initial Appearance
- Investigation - Subpoena
- Common Defenses to Criminal Conduct
- Ex. Castle Doctrine
- Types of Punishment for Criminal Activity
- Theories Behind Criminal Punishment
- Federal Sentencing Guidelines
- What are the 4th Amendment protections against Search and Seizure?
- What are the 5th Amendment criminal law protections?
- What are the 6th Amendment criminal law protections?
- What are the 8th Amendment criminal law protections?
- Crimes Against the Property of Others
- Activity Constituting Fraud
- Good Faith as a Defense to Fraud
- Common Types of Business Fraud
- False Statement as a Criminal Charge
- Conspiracy as a Criminal Charge
- Obstruction of Justice as a Criminal Charge
- Aiding and Abetting or Conspiracy to a Crime