An International Perspective On Cyber Crime

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An International Perspective on

Cyber Crime

An International perspective on cyber


crime
Cyber crime is becoming ever more
serious.

Findings

from

the

2002

Computer Crime and Security Survey


show an upward trend that demonstrates
a need for a timely review of existing
approaches

to

fighting

this

new

phenomenon in the information age. In


this paper, we provide an overview of
cybercrime and present an international
perspective on fighting cybercrime. We
review

current

status

of

fighting

cybercrime in different countries, which

rely

on

legal,

technological
recommend

organizational,

and

approaches,

and

four

directions

for

governments, lawmakers, intelligence


and law enforcement agencies, and
researchers to combat cybercrime.
Within Country Strategy
The United States, to protect the interests
of internet businesses, the U.S. Congress
has created new laws to regulate
activities on the internet. With the first
digital signature law in the world, the
U.S. has established a number of

regulations on cybercrime, such as the


National Infrastructure Protection Act
of 1996, the Cyberspace Electronic
Security Act of 1999 and the Patriot
Act of 2001. In addition a number of
agencies have set up in the U.S. to fight
against cybercrime, including the FBI,
National

Infrastructure

Protection

Center, National White Collar Center,


Computer

Hacking

and

Intellectual

Property Unit of the Doj, and so on. The


FBI has set up special technical units and
developed Carnivore.
England two cyber crimes related Acts
have

been

passed

by

the

British

parliament: the Data Protection Act of


1984 and the Computer Misuse Act of
1990. The former one deals with actual
procurement and use of personal data
while the latter defines the laws,
procedures and penalties surrounding
unauthorized entry into computers. The
British

government

has

applied

technologies of filtering and rating to


protect

manors

from

inappropriate

material on the Web.


Canada in 2001, the Canadian parliament
passed the Criminal Law Amendment
Act that has tow sections. The first
section defines unlawful entry into a

computer system and interception of


transmissions.
criminalizes

The
the

second

actual

section

destruction,

alteration, or interruption of data.


The

Kenya

Communications

(Amendment) Act was passed by the


Kenyan Parliament and signed into law
by the President on January 2. The Act
includes legislation on cybercrime in
Sections 83 W-Z and 84 A- F on:
unauthorized access to computer data,
access with intent to commit offences,
unauthorized access to and interception
of

computer

modification

service,
of

unauthorized

computer

material,

damaging or denying access to computer


system,

unauthorized

passwords,

unlawful

disclosure

of

possession

of

devices and data, electronic fraud,


tampering

with

computer

source

documents, and publishing of obscene


information in electronic form.
In Norway a Bill on a new Criminal
Law (2008-2009) has in 202 introduced
a provision on identity theft, using the
term Identity Infringements that reads as
follows:With a fine or imprisonment
not exceeding 2 years shall whoever be
punished,

that

without

authority

possesses of a means of identity of

another, or acts with the identity of


another or with an identity that easily
may be confused with the identity of
another person, with the intent of a)
procuring an economic benefit for
oneself or for another person, or b)
causing

loss

of

property

or

inconvenience to another person. The


Norwegian Parliament (Stortinget) has
on May 28 adopted the New Penal Code,
including

several

provisions

cybercrime.
Cyber law in United Kingdom

on

The Police and Justice Act 2006 Chapter


48 declares the amendments of the
Computer Misuse Act 1990, Part 5
sections 35 to 38. The new amendments
came into force on October 1, 2008.
5.4 Cyber law in Republic of India
The Indian Government has in 2003
announced plans on a comprehensive
law for cybercrimes.66.Hacking with
computer system.
(i) Whoever with the intent to cause
or knowing that he is likely to cause
wrongful loss or damage to the public or
any person destroys or deletes or alters

any information residing in a computer


resource or demises its value or utility or
affects it injuriously by any means,
commits hack.
(ii) Whoever commits hacking shall
be punished with imprisonment up to
three years, or with fine which may
extend up to two lac rupees, or with
both.
5.5 Cyber law in People's Republic of
China
In China many cybercrime issues are
covered in laws and regulations that
refers to Internet related crimes. The two

most important organizations responsible


for internal and external security are the
Public

Security

Bureau

(PSB),

responsible for the internal security, and


the Ministry State Security (MSS),
which handles external security. The
responsibilities of the Public Security
Bureau (PSB) are formally codified in
Computer Information Network and
Internet

Security,

Protection

and

Management Regulations, approved by


the State Council, December 11, 1997,
and published December 30, 1997.
Article 285 says whoever violates state
regulations and intrudes into computer

systems within formation concerning


state affairs, construction of defense
facilities, and sophisticated science and
technology is be sentenced to not more
than

three

years

of

fixed-term

imprisonment or criminal detention.


Article 286 says whoever violates states
regulations and deletes alters, ads, and
interference in computer information
systems, causing abnormal operations of
the systems and grave consequences, is
to be sentenced to not more than five
years of fixed-term imprisonment or
criminal

detention;

when

the

consequences are particularly serious,

the sentence is to be not less than five


years of fixed-term imprisonment.
Whoever violates state regulations and
deletes, alters, or adds the data or
application programs installed in or
processed

and

transmitted

by

the

computer systems, and causes grave


consequences,

is

to

be

punished

according to the preceding paragraph.


Whoever

deliberately

creates

and

propagates computer virus and other


programs which sabotage the normal
operation of the computer system and
cause grave consequences is to be

punished

according

to

the

first

paragraph.
Article 287 says whoever uses a
computer for financial fraud, theft,
corruption, misappropriation of public
funds, stealing state secrets, or other
crimes is to be convicted and punished
according to relevant regulations of this
law.
5.6 Cyber law in United States of
America
President Barack Obama has directed the
National

Security

and

Homeland

Security Advisors to conduct a review of

the

plan,

programs,

and

activities

underway throughout the government


dedicated to cyber security, including
new regulations to combat cybercrime.
US Vice President Joe Biden gave a
presentation

at

Conference

on

the

45th

Security

Munich

Policy

on

February 7, 2010. Among many issues


he emphasized the need to tackle
terrorism and cyber-security.

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