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Computer crime, or super crime, refers to any crime that involves a computer and a network. Computer crime, or super crime, refers to any crime that involves a computer and a network.The computer may have been used in the commission of a crime, or it may be the target. Netcrime refers to criminal exploitation of the Internet.Cybercrimes are defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)".[4] Such crimes may threaten a nation s security and financial health. Issues surrounding this type of crime have become high-profile, particularly those surrounding cracking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise
CYBER CRIME IS AN EVIL HAVING ITS ORIGIN IN THE GROWING DEPENDENCE ON COMPUTERS IN MODERN LIFE. A simple yet sturdy definition of cyber crime would be unlawful acts wherein the computer is either a tool or a target or both . Defining cyber crimes, as acts that are punishable by the information Technology Act would be unsuitable as the Indian Penal Code also covers many cyber crimes, such as e-mail spoofing, cyber defamation, etc.
A. Cybercrime in a narrow sense (computer crime): Any illegal behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them. B. Cybercrime in a broader sense (computer-related crime): Any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession [and] offering or distributing information by means of a computer system or network.
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Trojan Horse: A Trojan as this program is aptly called, is an unauthorized program which functions from inside what seems to be an authorized program, thereby concealing what it is actually doing. Internet Time Theft: This connotes the usage by unauthorized persons of the Internet hours paid for by another person. Physically damaging a computer system: This crime is committed by physically damaging a computer or its peripherals.
Punishment:
Criminal whoever concern with this types of crime shall be punishable with imprisonment -Up toThree years, Or -With fine which may extend up to two lakh rupees, Or - With both. 4|P a ge
Hacking:
Hacking means an illegal intrusion into a computer system and/network. Using one's own programming abilities as also various programmes with malicious intent to gain unauthorized access to a computer or network are very serious crimes. Similarly, the creation and dissemination of harmful computer programs which do irreparable damage to computer systems is another kind of cyber crime. There is an equvalent term to hacking i.e. cracking, but the Indian law does not distinguish between the two. 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 diminishes its value or utility or affects it injuriously by any means, commits hacking.
Punishment:
Whoever commits hacking shall be punished with imprisonment -Up to three years Or - With fine which may extend up to two lakh rupees, Or - With both
Punishment:
Criminal whoever concern with this types of crime shall be punished -on first conviction with imprisonment of either description for a term -which may extend to two years and -with fine which may extend to one lakh rupees and -in the event of a second or subsequent conviction with imprisonment of either description for a term 5|P a ge
Breach of privacy
Protected system,The appropriate Government may, by notification in the Official Gazette, declare that any computer,computer system or computer network to be a protected system. Any person who secures access or attempts to secure access to a protected system in contravention of the Provisions of this section.
Punishment:
shall be punished with imprisonment for a term which may -Extend to two years, OR - With fine which may extend to one lakh rupees, OR - With both.
Misrepresentation:
Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be. Punishment: shall be punished with imprisonment for a term which may -Extend to two years, OR - With fine which may extend to one lakh rupees, OR - With both.
Publishing digital signature which is false in certain particulars or for fraudulent act:
Whoever Publishing or sales or share any type digital signature which is false that act also should be punishable. Punishment: shall be punished with imprisonment for a term which may -Extend to two years, OR - With fine which may extend to one lakh rupees, OR - With both. 6|P a ge
[A]. Unauthorized access & Hacking:Access means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network. Unauthorized access would therefore mean any kind of access without the permission of either the rightful owner or the person in charge of a computer, computer system or computer network. Every act committed towards breaking into a computer and/or network is hacking. Hackers write or use ready-made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. Some hackers hack for personal monetary gains, such as to stealing the credit card information, transferring money from various bank accounts to their own account followed by withdrawal of money. By hacking web server taking control on another persons website called as web hijacking
[B]. Trojan Attack:The program that act like something useful but do the things that are quiet damping. The programs of this kind are called as Trojans.The name Trojan Horse is popular. Trojans come in two parts, a Client part and a Server part. When the victim (unknowingly) runs the server on its machine, the attacker will then use the Client to connect to the Server and start using the trojan. TCP/IP protocol is the usual protocol type used for communications, but some functions of the trojans use the UDP protocol as well. When a Trojan is activated on your computer, the results can vary. Some Trojans are designed to be more annoying than malicious (like changing your desktop, adding silly active desktop icons) or they can cause serious damage by deleting files and destroying information on your system. Trojans are also known to create a backdoor on your computer that gives malicious users access to your system, possibly allowing confidential or personal information to be compromised. Unlike viruses and worms, Trojans do not reproduce by infecting other files nor do they self-replicate.
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Worm Attack:
Programs that multiply like viruses but spread from computer to computer are called as worms. A worm is similar to a virus by design and is considered to be a sub-class of a virus. Worms spread from computer to computer, but unlike a virus, it has the capability to travel without any human action. A worm takes advantage of file or information transport features on your system, which is what allows it to travel unaided. The biggest danger with a worm is its capability to replicate itself on your system, so rather than your computer sending out a single worm, it could send out hundreds or thousands of copies of itself, creating a huge devastating effect. One example would be for a worm to send a copy of itself to everyone listed in your e-mail address book. Then, the worm replicates and sends itself out to everyone listed in each of the receiver's address book, and the manifest continues on down the line. Due to the copying nature of a worm and its capability to travel across networks the end result in most cases is that the worm consumes too much system memory (or network bandwidth), causing Web servers, network servers and individual computers to stop responding. In recent worm attacks such as the much-talked-about Blaster Worm, the worm has been designed to tunnel into your system and allow malicious users to control your computer remotely.
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y y
email address of the receiver of the email email address(es) of the person(s) who will receive a copy of the email (referred to as CC for carbon copy) email address(es) of the person(s) who will receive a copy of the email (referred to as CC for carbon copy, but whose identities will not be known to the other recipients of the e-mail (known as BCC for blind carbon copy) Subject of the message (a short title / description of the message) Message
Certain web-based email services like www.SendFakeMail.com, offer a facility wherein in addition to the above, a sender can also enter the email address of the purported sender of the email. Consider Mr. Siddharth whose email address is siddharth@hotmail.com. His friend Golu's email address is golu@yahoo.com. Using SendFakeMail, Siddharth can send emails purporting to be sent from Golu's email account. All he has to do is enter golu@yahoo.com in the space provided for sender's email address. Golu's friends would trust such emails, as they would presume that they have come from Golu (whom they trust). Siddharth can use this misplaced trust to send viruses, Trojans, worms etc. to Golu's friends, who would unwittingly download them. Email spoofing is email activity in which the sender address and other parts of the email header are altered to appear as though the email originated from a different source. Because core SMTP doesn't provide any authentication, it is easy to impersonate and forge emails. A spoofed email is one that appears to originate from one source but actually has been sent from another source. E.g. Pooja has an e-mail address pooja@asianlaws.org. Her enemy, Sameer spoofs her e-mail and sends obscene messages to all her acquaintances. Since the emails appear to have originated from Pooja, her friends could take offence and relationships could be spoiled for life. A spoofed email is one that appears to originate from one source but actually has been sent from another source. E.g. Pooja has an e-mail address pooja@asianlaws.org. Her enemy, Sameer spoofs her e-mail and sends obscene messages to all her acquaintances. Since the e-mails appear to have originated from Pooja, her friends could take offence and relationships could be spoiled for life.
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Disadvantages :
Hide the identity of sender
Prevention (Deterrence)
o Use cryptographic signatures (e.g., PGP "Pretty Good Privacy" or other encryption technologies) to exchange authenticated email messages. Authenticated email provides a mechanism for ensuring that messages are from whom they appear to be, as well as ensuring that the message has not been altered in transit. Similarly, sites may wish to consider enabling SSL/TLS in their mail transfer software. Using certificates in this manner increases the amount of authentication performed when sending mail. Configure your mail delivery daemon to prevent someone from directly connecting to your SMTP port to send spoofed email to other sites. Ensure that your mail delivery daemon allows logging and is configured to provide sufficient logging to assist you in tracking the origin of spoofed email. Consider a single point of entry for email to your site. You can implement this by configuring your firewall so that SMTP connections from outside your firewall must go through a central mail hub. This will provide you with centralized logging, which may assist in detecting the origin of mail spoofing attempts to your site.
o o o
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[2].E-mail Spamming:
Email spam, also known as junk email or unsolicited bulk email (UBE), is a subset of spam that involves nearly identical messages sent to numerous recipients by email. Spam is flooding the Internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it. Most spam is commercial advertising, often for dubious products, get-rich-quick schemes, or quasi-legal services. Spam costs the sender very little to send -- most of the costs are paid for by the recipient or the carriers rather than by the sender. Email spam targets individual users with direct mail messages. Email spam lists are often created by scanning Usenet postings, stealing Internet mailing lists, or searching the Web for addresses. Email spams typically cost users money out-of-pocket to receive. Many people - anyone with measured phone service - read or receive their mail while the meter is running, so to speak. Spam costs them additional money. On top of that, it costs money for ISPs and online services to transmit spam, and these costs are transmitted directly to subscribers. The purpose of spam mail is to make customers think they are going to receive the real product or service at a reduced price. However, before the deal can occur, the sender of the spam asks for money, the recipients credit card number or other personal information.The customer will send that information and never receive the product nor hear from the spammer. The case of Jeremy Jaynes is a prime example of what a criminal can do with spam mail. Jaynes recently became the nation s first convicted purveyor of spam mail when he was found guilty in Leesburg, Virginia (AP, 2004). Apparently, Jaynes was able to send out over 10 million spam emails a day offering such products as software to remove personal information, and investment strategies (AP, 2004). During his trial, lawyers learned that Jaynes would receive anywhere between 10,000 to 17,000 responses a month to his spam mail. Depending on the number of responses Jaynes received, he could earn up to $750,000 per month (AP, 2004). The details of his apprehension have not been revealed (AP, 2004).
Prevention (Deterrence)
To protect yourself from e-mail bombing, do as follows:
o o
Have several mailboxes: a main mailbox you give only to people worthy of your trust and another one you care less about and that you use for example to sign up for online services; Install an antispam software program that will keep you from receiving several identical messages over a short time period.
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[5].Defamatory emails
This occurs when defamation takes place with the help of computers and / or the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information to all of that person's friends. Defamation is injury to the reputation of a person. If a person injures the reputation of another, he does so at his own risk, as in the case of an interference with the property. A man s reputation is his property, and if possible, more valuable than the other property. Cyber defamation is not different from conventional defamation except the involvement of a virtual medium. Example: A defamatory article can be published in a newspaper or it can be published on a website. Publishing through a website would amount to cyber defamation. The three essentials of Defamation are: a. The statement must be defamatory. b. The said statement must refer to the plaintiff. c. The statement must be published. Internet provides us with a very cheap and a quick way of communication. It has made the world a close nit organisation. Also, with the growth of social networking sites like orkut, facebook, etc., lot of personal information is shared amongst many people therefore, the chances of defamation through internet has become a major threat in today s world. Even if a single defamatory email is forwarded, it becomes very difficult to trace and stop its circulation. Any article published on a website is open for
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[6].Email frauds
Email spoofing is very often used to commit financial crimes. It becomes a simple thing not just to assume someone else's identity but also to hide one's own. The person committing the crime understands that there is very little chance of his actually being identified. In a recently reported case, a Pune based businessman received an email from the Vice President of the Asia Development Bank (ADB) offering him a lucrative contract in return for Rs 10 lakh. The businessman verified the email address of the Vice President from the web site of the ADB and subsequently transferred the money to the bank account mentioned in the email. It later turned out that the email was a spoofed one and was actually sent by an Indian based in Nigeria. In another famous case, one Mr. Rao sent himself spoofed e-mails, which were upposedly from the Euro Lottery Company. These mails informed him that he had won the largest lottery. He also created a website in the name of the Euro Lottery Company, announced n it that he had won the Euro Lottery and uploaded it on to the Internet. He then approached the Income Tax authorities in India and procured a clearance certificate from them for receiving the lottery amount. In order to let people know about the lottery, he approached many newspapers and magazines. The media seeing this as a story that would interest a lot of readers hyped it up and played a vital role in spreading this misinformation. Mr. Rao then went to many banks and individuals and told them that having won such a large sum of money he was afraid for his safety. He also wanted to move into a better house. He wheedled money out of these institutions and people by telling them that since the lottery prize money would take some time to come to him, he would like to borrow money from them. He assured them that the loan amount would be returned as soon as the lottery money came into his possession. Lulled into believing him (all thanks to the Income Tax clearance) most of these people loaned large amounts of money to him. It was only when he did not pay back the loan amounts to the banks that they became suspicious. A countercheck by the authorities revealed the entire scheme. Mr. Rao was arrested. Later, it was found that some of the money had been donated for philanthropic causes and also to political parties!
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[1].Denial of Service attacks Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby denying access of service to authorized users.
Examples include
o o o o attempts to "flood" a network, thereby preventing legitimate network traffic attempts to disrupt connections between two machines, thereby preventing access to a service attempts to prevent a particular individual from accessing a service attempts to disrupt service to a specific system or person.
Denial-of-service (or DoS) attacks are usually launched to make a particular service unavailable to someone who is authorized to use it. These attacks may be launched using one single computer or many computers across the world. In the latter scenario, the attack is known as a distributed denial of service attack. Usually these attacks do not necessitate the need to get access into anyone's system.
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[1]. Pornography:
There is no settled definition of pornography or obscenity. What is considered simply sexually explicit but not obscene in USA may well be considered obscene in India. There have been many attempts to limit the availability of pornographic content on the Internet by governments and law enforcement bodies all around the world but with little effect. This would include pornographic websites; pornographic magazines produced using computers (to publish and print the material) and the Internet (to download and transmit pornographic pictures, photos, writings etc). Recent Indian incidents revolving around cyber pornography include the Air Force Balbharati School case. A student of the Air Force Balbharati School, Delhi, was teased by all his classmates for having a pockmarked face. Tired of the cruel jokes, he decided to get back at his tormentors. He scanned photographs of his classmates and teachers, morphed them with nude photographs and put them up on a website that he uploaded on to a free web hosting service. It was only after the father of one of the class girls featured on the website objected and lodged a complaint with the police that any action was taken. In another incident, in Mumbai a Swiss couple would gather slum children and then would force them to appear for obscene photographs. They would then upload these photographs to websites specially designed for paedophiles. The Mumbai police arrested the couple for pornography. Pornography on the Internet is available in different formats. These range from pictures and short animated movies, to sound files and stories. The Internet also makes it possible to discuss sex, see live sex acts, and arrange sexual activities from computer screens. Although the Indian Constitution guarantees the fundamental right of freedom of speech and expression, it has been held that a law against obscenity is constitutional. The Supreme Court has defined obscene as offensive to modesty or decency; lewd, filthy, repulsive. Section 67 of the IT Act is the most serious Indian law penalizing cyber pornography. Other Indian laws that deal with pornography include the Indecent Representation of Women (Prohibition) Act and the Indian Penal Code.
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[2].IPR Violations:
[3].Cyber Squatting
Cybersquatting (also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.Main Objective of cyber squatting is to obtain financial gain.
Moreover cyber squatters also rely on the fact that trademark holders often forget to re-register their domain names, because domain registration is for a fixed period and if the owner does not re-register the domain name prior to expiration, then the domain name can be purchased by anybody. Cyber squatters will snatch up a domain name as it becomes available. This process is often referred to as renewal snatching.
Recognizing Cybersquatting
How do you know if the domain name you want is being used by a cybersquatter? Follow these steps to find out. Check where the domain name takes you. As a general rule, first check to see if the domain name takes you to a website. If it does not take you to a functioning website, but instead takes you to a site stating "this domain name for sale," or "under construction," or "can't find server," the likelihood increases that you are dealing with a cybersquatter. The absence of a real site may indicate that the domain name owner's only purpose in buying the name is to sell it back to you at a higher price.
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sue under the provisions of the Anticybersquatting Consumer Protection Act (ACPA), or use an international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN).
Trademark experts consider the ICANN arbitration system to be faster and less expensive than suing under the ACPA, and the procedure does not require an attorney.
[3].Cyber Terrorism:
Cyberterrorism is the use of Internet based attacks in terrorist activities, including acts of deliberate, large-scale disruption of computer networks, especially of personal computers attached to the Internet, by the means of tools such as computer viruses. Cyberterrorism is a controversial term. Some authors choose a very narrow definition, relating to deployments, by known terrorist organizations, of disruption attacks against information systems for the primary purpose of creating alarm and panic. By this narrow definition, it is difficult to identify any instances of cyberterrorism. Cyberterrorism is the use of Internet based attacks in terrorist activities, including acts of deliberate, large-scale disruption of computer networks, especially of personal computers attached to the Internet, by the means of tools such as computer viruses.
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Possible Targets:
o o o o o o o o o o Electricity Supply, Traffic Control, Economy in general Targeted attacks on military installations, Power plants, Air traffic control, banks, trail traffic control, telecommunication networks are the most likely targets. Others like police, medical, fire and rescue systems etc.
Main activities:
o o o o o Research Publishing Information (recruitment) Communication between members ofterrorist groups Terrorist financing and moneylaundering Committing Cybercrime (politicalmotivated attacks)
Cyber terrorism takes many forms. One of the more popular is to threaten a large bank. The terrorists hack into the system and then leave an encrypted message for senior directors, which threatens the bank. In essence, the message says that if they do not pay a set amount of money, then the terrorists will use anything from logic bombs to electromagnetic pulses and high-emission radio frequency guns to destroy the banks files. What adds to the difficulty to catch the criminals is that the criminals may be in another country. A second difficulty is that most banks would rather pay the money than have the public know how vulnerable they are. Here are some examples of cyber-terroism in its many forms:
Case 1:
Cyber-terrorists often commit acts of terrorism simply for personal gain. Such a group, known as the Chaos Computer Club, was discovered in 1997. They had created an Active X Control for the Internet that can trick the Quicken accounting program into removing money from a user's bank account. This 22 | P a g e
Case 2:
Cyber-terrorist are many times interested in gaining publicity in any possible way. For example, information warfare techniques like Trojan horse viruses and network worms are often used to not only do damage to computing resources, but also as a way for the designer of the viruses to "show off." This is a serious ethical issue because many people are affected by these cases. For one, the viruses can consume system resources until networks become useless, costing companies lots of time and money. Also, depending on the type of work done on the affected computers, the damage to the beneficiaries of that work could be lethal. Even if the person never meant to harm someone with their virus, it could have unpredictable effects that could have terrible results.
Case 3:
In one of its more unusual forms, cyber-terrorism can be used for an assassination. In one case, a mob boss was shot but survived the shooting. That night while he was in the hospital, the assassins hacked into the hospital computer and changed his medication so that he would be given a lethal injection. He was dead a few hours later. They then changed the medication order back to its correct form, after it had been incorrectly administered, to cover their tracks so that the nurse would be blamed for the "accident". There are many ethical issues involved in a case like this. Most obviously, a man was killed by the hackers' actions. Also, the life of the nurse was probably ruined, along with the reputation of the hospital and all its employees. Thus, there are often more stakeholders in a terrorist situation that the immediate recipient of the terrorism.
Case 4:
Terrorism can also come in the form of disinformation. Terrorists can many times say what they please without fear of reprisal from authorities or of accountability for what they say. In a recent incident, the rumor that a group of people were stealing people's kidneys for sale was spread via the Internet. The rumor panicked thousands of people. This is an ethical issue similar to screaming 'Fire' in a crowded theater. In case like this, the number of people affected is unlimited. Thousands of people were scared by this and could have suffered emotionally.
Case 5:
Minor attacks come in the form of "data diddling", where information in the computer is changed. This may involve changing medical or financial records or stealing of passwords. Hackers may even prevent users who should have access from gaining access to the machine. Ethical issues in this case include things like invasion of privacy and ownership conflicts. It could be even more serious if, for instance, the person who needed access to the machine was trying to save someone's life in a hospital and couldn't 23 | P a g e
[A].ATM frauds:
Cyber crime can be done through the ATM fruds.
[B].Money Laundering
The term 'money laundering' is typically used to refer to any financial transaction that was meant to be kept secret, but was eventually found out. In many cases it refers to the process of concealing a source of money, which is often earned by illegal means such as drug trafficking, health care fraud, and smuggling, just to name a few. Various laundering techniques can be used by individuals, groups, officials, and corporations. The goal of a money 24 | P a g e
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[6].CyberDefamation:
This occurs when defamation takes place with the help of computers and or the Internet e.g. someone published defamatory matter about someone on a websites or sends e-mail containing defamatory information to all of that person s friends. Defamation is injury to the reputation of a person. If a person injures the reputation of another, he does so at his own risk, as in the case of an interference with the property. A man s reputation is his property, and if possible, more valuable than the other property.
Cyber defamation is not different from conventional defamation except the involvement of a virtual medium. Example: A defamatory article can be published in a newspaper or it can be published on a website. Publishing through a website would amount to cyber defamation. The three essentials of Defamation are: The statement must be defamatory. The said statement must refer to the plaintiff. The statement must be published. Internet provides us with a very cheap and a quick way of communication. It has made the world a close nit organisation. Also, with the growth of social networking sites like orkut, facebook, etc., lot of personal information is shared amongst many people therefore, the chances of defamation through internet has become a major threat in today s world. Even if a single defamatory email is forwarded, it becomes very difficult to trace and stop its circulation. Any article published on a website is open for the entire world to read. The damage or losses caused to the victim is very huge especially if the imputation is intended to harm the business of an individual or a business entity. 27 | P a g e
harassment, embarrassment and humiliation of the victim emptying bank accounts or other economic control such as ruining the victim's credit score harassing family, friends and employers to isolate the victim scare tactics to instill fear and more.
The term can also apply to a traditional stalker who uses technology to trace and locate their victim and their movements more easily (e.g. using Facebook notifications to know what party they are attending). A true cyberstalker s intent is to harm their intended victim using the anonymity and untraceable distance of technology. In many situations, the victims never discover the identity of the cyberstalkers who hurt them, despite their lives being completely upended by the perpetrator. Cyberstalking is not identity theft. An identity thief, whether stealing from a stranger or a family member, has a very specific goal in mind financial gain. Identity thieves are unconcerned by the consequences of their behavior on the victim s life, whereas the actions of a cyberstalker are deliberate and focused on the consequences to the victim. Typology of Cyber Stalking: There are three primary ways in which cyber stalking is conducted (Ogilvie, 2000) Email Stalking: Direct communication through email. Internet Stalking: Global communication through the Internet. Computer Stalking: Unauthorised control of another person s computer.
1. Email Stalking
While the most common forms of stalking in the physical world involve telephoning, sending mail, and actual surveillance (Burgess et al. 1997; Mullen et al. 1999; Tjaden 1997), cyber stalking can take many forms. Unsolicited email is one of the most common forms of harassment, including hate, obscene, or threatening mail. Other forms of harassment include sending the victim viruses or high volumes of electronic junk mail (spamming). It is important to note here that sending viruses or telemarketing solicitations alone do not constitute stalking. However, if these communications are repetitively sent in a manner which is designed to intimidate (that is, similar to the manner in which stalkers in the physical world send subscriptions to pornographic magazines), then they may constitute concerning behaviours and hence be categorized as stalking (Ogilvie, 2000).
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2. Internet Stalking
As with stalking in the physical world, few examples of stalking are confined to one medium. While email stalking may be analogous to traditional stalking in some instances, it is not restricted to this format. Stalkers can more comprehensively use the Internet in order to slander and endanger their victims. In such cases, the cyber stalking takes on a public, rather than a private, dimension. What is particularly disturbing about this second form of cyber stalking is that it appears to be the most likely to spill over into physical space . In these instances, cyber stalking is accompanied by traditional stalking behaviours such as threatening phone calls, vandalism of property, threatening mail, and physical attacks (Laughren 2000). As noted by Gilbert (1999): In real life, stalkers usually stalk in proximity to their victims they want the victim to see them and know they are there they feed on the victim s reaction. On the internet, proximity takes on a new meaning (Ogilvie, 2000). Obviously, there are important differences between the situation of someone who is regularly within shooting range of her or his stalker and someone who is being stalked from two thousand miles away. While the previous examples can be viewed as offensive and threatening, they can, nevertheless, be viewed as distinct from traditional stalking in that they remain in cyber space. While emotional distress is (appropriately) acknowledged in most criminal sanctions, it is not considered as serious as actual physical threat. Thus, while links between stalking, domestic violence, and feticide have been empirically demonstrated in real life (Burgess et al. 1997; Kurt 1995; McFarlane et al. 1999), much cyber stalking remains at the level of inducing emotional distress, fear, and apprehension. However, this is not to say that causing apprehension and fear should not be criminally sanctioned, or that the cyber and the real are somehow inherently or intrinsically disconnected (Ogilvie, 2000).
3. Computer Stalking
Whilst the first two categories of cyber stalking can spill over into real world interactions, the distancing quality of the cyber component of the interaction is, nevertheless, a defining feature of the interaction. If there is no movement into the real world, targets of the harassment are still able to buffer themselves from exposure to the stalker by avoiding parts of the Internet used by the stalker. The necessity to do this is of course an intrusion upon the rights of the individual, but it is at least a strategy that can be employed to obtain a degree of distance between the stalker and the victim. In the third 29 | P a g e
6.2. IPR Violations : software piracy, copyright infringement, trademarks violations, theft of computer source code, patent violations
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