Since the beginning of civilization, man has always been motivated by the need to make progress and better the existing technologies. This has led to tremendous development and progress which has been a launching pad for further development . Of all the significant advances made by mankind from the beginning till date.
Probably the most important of them is the development of Internet to put in a common mans language internet is a global network of computers, all speaking the same language. In 1969, America's Department of Defense commissioned the construction of a Super network called ARPANET. The Advanced Research Projects Agency Network (ARPANET), basically intended as a military network of 40 computers connected by a web of links & lines. This network slowly grew and the internet was born. By 1981, over 200 computers were connected from all around the world. Now the figure runs into millions.
The real power of today's internet is that it is available to anyone with a computer and a telephone line. Internet places in an individual' s hand the power of information and communication.
Internet usage has significantly increased over the past few years. The number of data packets which flowed through the Internet increased from 153 million in 1988 to 60,587 million in 1994 and the number of host computers increased from 235 in 1982 to 3.2 million in 1994. According to International Data Corporation ("IDC"), approximately 233.3 million devices are estimated to be connected to the Internet by the year 2000 versus approximately12.6 million devices in 1995. IDC also estimates that approximately 163 million individuals or entities will use the Internet by the year 2000 as opposed to16.1 million in 1995. If left to its own measure, it is highly unlikely that such a trend can reverse itself .
Internet is believed to be full of anarchy and a system of law and regulation therein seems contradictory. However, Cyberspace is being governed by a system of law calledCyberlaw. Cyberlaw is a generic term which refers to all the legal and regulatory aspects of internet. Publishing a web page is an excellent way for any business to vastly increase its exposure to millions of individuals world-wide. It is that feature of the Internet which is causing much controversy in the legal community.
Cyberlaw is a constantly evolving process. As the Internet grows, numerous legal issues arise. One of the most important issues concerning cyberspace today is that of Cybercrime.
When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could also be misused for criminal activities. Today, there are many disturbing things happening in cyberspace. Cybercrime refers to all the activities done with criminal intent in cyberspace. These could be either the criminal activities in the conventional sense or could be activities, newly evolved with the growth of the new medium. Because of the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. The field of Cybercrime is just emerging and new forms of criminal activities in cyberspace are coming to the forefront with the passing of each new day.
There can be no one exhaustive definition about Cybercrime. However, any activities which basically offend human sensibilities, can also be included in its ambit. Child Pornography on the Internet constitutes one serious Cybercrime. Similarly, online pedophiles, using internet to induce minor children into sex, are as much Cybercriminals as any other.
Cybercrimes can be basically divided into 3 major categories being Cybercrimes against persons, property and Government.
Cybercrimes committed against persons include various crimes like transmission of child-pornography, harassment of any one with the use of a computer such as e-mail, and cyber-stalking.
The trafficking, distribution, posting, and dissemination of obscene material including pornography, indecent exposure, and child pornography, constitutes one of the most important Cybercrimes known today. The potential harm of such a crime to humanity can hardly be overstated. This is one Cybercrime which threatens to undermine the growth of the younger generation as also leave irreparable scars and injury on the younger generation, if not controlled.
Similarly, Cyber harassment is a distinct Cybercrime. Various kinds of harassment can and does occur in cyberspace, or through the use of cyberspace. Harassment can be sexual, racial, religious, or other. Persons perpetuating such harassment are also guilty of cybercrimes. Cyber harassment as a crime also brings us to another related area of violation of privacy of netizens. Violation of privacy of online citizens is a Cybercrime of a grave nature. No one likes any other person invading the precious and extremely touchy area of his or her own privacy which the medium of internet grants to the netizens.
Another Cybercrime against persons is that of Cyberstalking. The Internet is a wonderful place to work, play and study. The Net is no more and no less than a mirror of the real world. And that means it also contains electronic versions of real life problems. Stalking and harassments are problems that many persons especially women, are familiar with in real life. These problems also occur on the Internet, in what has become known as "Cyberstalking" or "on-line harassment"
The second category of Cybercrimes is that of Cybercrimes against all forms of property. These crimes include unauthorized computer trespassing through cyberspace, computer vandalism, transmission of harmful programs and unauthorized possession of computerized information.
Hacking and cracking are amongst the gravest Cybercrimes known till date. It is a dreadful feeling to know that someone has broken into your computer systems without your knowledge and consent and has tampered with precious confidential data and information. Coupled with this, the actuality is that no computer system in the world is hacking proof. It is unanimously agreed that any and every system in the world can be hacked. 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 or virii which do irreparable damage to computer systems is another kind of Cybercrime. Software piracy is also another distinct kind of Cybercrime which is perpetuated by many people online who distribute illegal and unauthorised pirated copies of software.
The third category of Cybercrimes relate to Cybercrimes against Government. Cyber Terrorism is one distinct kind of crime in this category. The growth of Internet has shown that the medium of Cyberspace is being used by individuals and groups to threaten the international governments as also to terrorise the citizens of a country. This crime manifests itself into terrorism when an individual "cracks" into a government or military maintained website.
Since Cybercrime is a newly specialised field, growing in Cyberlaws, a lot of development has to take place in terms of putting into place the relevant legal mechanism for controlling and preventing Cybercrime. The courts in United State of America have already begun taking cognizance of various kinds of fraud and Cybercrimes being perpetuated in Cyberspace. However, a lot of work has to be done in this field. Just as human mind is ingenious enough to devise new ways for perpetuating crime, similarly, human ingenuity needs to be channelised into developing effective legal and regulatory mechanisms to control and prevent Cybercrimes.
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