In the past decade, mobile phones, the Internet, and other computer technologies have made amazing strides. But just as these technologies have been beneficial for business and personal use, these have also been found useful by criminals for fraud, theft, intimidation and harassment. When crimes are committed using cyber technology, they result in cyber crime cases – a totally new frontier in criminal prosecution.
Crimes such as fraud, theft, embezzlement and harassment have been prosecuted as crimes before but the difference is that today these are done with the use of cyber technology. This gives them characteristics that make them not only distinct from crimes committed in the usual way; it often makes them more difficult to file in court. Cyber crimes can be categorized as follows:
• Crimes where a computer or its hardware and software are targeted.
• Crimes where a computer is the tool through which a crime is committed.
• Crimes where a computer is incidental to the crime committed (e.g. used for storing data or printing information)
Some cyber crimes have become quite common today and in some instances, cases are successfully filed against perpetrators. Cyber crimes are not committed by run-of-the-mill thieves or hoodlums. In fact, governments have their own experts in order to engage in acts which would normally be classified as cyber crimes.
Some of the most common high technology crimes which are often filed as cyber crime cases are the following:
• Fraud. Fraud cases may involve altering input or using processes without proper authority to do so; entering false data; destroying or stealing output; altering code for fraudulent purposes and misusing system packages or tools. Bank fraud and credit card fraud stand out as two of the most often committed forms of fraud.
• Internet pornography. Distasteful or obscene web content may sometimes be illegal depending on certain elements. In the United States, many jurisdictions ban web content that is racist, blasphemous, slanderous, libelous, subversive or seditious. Child pornography is one of the areas that many jurisdictions have declared illegal.
• Hacking or computer trespassing. This is often done by ensnaring people into downloading files or clicking attachments. Through this cyber criminals are able to look into files, access passwords or view other people’s browsing history.
• Harassment and Bullying. These three cyber crimes are often done by uploading embarrassing, obscene, or threatening material over the Internet to subjugate and isolate victims.
• Stalking. Through the Internet, criminals are able to obtain information that would otherwise be private. They are then able to stalk their victims and keep track of their activities and whereabouts.
Successfully prosecuting cyber crime has certain unique challenges that are not present in other legal offenses. Before these challenges can be met and prosecution made easier, there must be concerted action among countries to draft comprehensive and consistent laws. These laws must take into consideration jurisdiction; gathering and presentation of digital evidence and anonymity.
In order to successfully file cyber crime cases, it is important that the following be done promptly:
1. When a computer is attacked, no button should be touched and a report should be made immediately.
2. The computer and the room where the cyber attack took place should be sealed off and considered a crime scene.
3. A forensic expert should then take over the operation.
4. All materials gathered during the investigation should be backed up.