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DATA CENTER COLLEGE OF THE PHILIPPINES

COLLEGE OF CRIMINAL JUSTICE EDUCATION LAOAG CITY

INTRODUCTION
Computer crime refers to a criminal activity involving a computer. The computer may
be used in the commission of a crime or it may be the target. Net-crime refers to the criminal
use of the internet. Cyber-crimes are essentially a combination of these two elements and can
be best defined as “Offenses that are committed against individuals or groups of individuals
with 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 (chatrooms, emails, notice boards and groups) and mobile phones (SMS, MMS).
In its most simple form, cyber-crime can be defined any illegal activity that uses a computer
as its primary means of function. The U.S Department of Justice broadens this definition to
include any illegal activity that uses a computer for the storage of evidence. The term ‘cyber-
crime’ can refer to offenses including criminal activity against data, infringement of content and
copyright, fraud, unauthorized access, child pornography and cyber-stalking.
The United Nations Manual on the Prevention and Control of Computer Related Crime
includes fraud, forgery, and unauthorized access in its definition of cyber-crime. Cyber-crime in
effect covers a wide range of attacks on individuals and organizations alike. These crimes may
include anything from an individual’s emotional or financial state to a nation’s security.
There are two main categories that define the make-up of cyber-crimes:
1. Those that target computer networks or devices such as viruses, malware, or denial
of service attacks.
2. Those that relate to crimes that are facilitated by computer networks or devices like
cyber-stalking, fraud, identity theft, extortion, phishing(spam) and theft of classified
information.
Cyber-crimes have expanded to include activities that cross international borders and
can now be considered a global epidemic. The International Legal System ensures cyber
criminals are held accountable through the International Criminal Court. Law enforcement
agencies are faced with unique challenges and the anonymity of the internet only complicates
the issues. There are problems in gathering evidence, cross-jurisdictional issues and
miscommunication to reporting.
It is widely known that victims of internet crimes are often reluctant to report an offense
to authorities. In some cases, the individual or organization may not be aware a crime has
been committed. Even though facilities for reporting incidents of cyber-crime have improved in
recent years many victims remain reluctant due essentially to embarrassment.
International cooperation is essential if an effective response is to be found against
global cyber-crime. No nation can expect to effectively combat the issue alone. Many
computer-based crimes are initiated ‘off-shore’ and this presents enormous challenges to any
nations law enforcement agencies. It is critical that agencies from around the world formulate
actionable plans to detect, follow, arrest and prosecute cyber criminals.
The problem of cyber-crime seems almost immeasurable in size. Looking at recent
trends and advances in mobile technology and cloud computing we realize it is an ever-
evolving and rapidly changing dynamic. There is growing evidence globally of newly formed
partnerships between government and industry aimed at prevention. These partnerships
create opportunities to share information and bolster law enforcement response to organize
Internet-based crime.
This sharing of information creates concern in its self. It is an extremely complex and
sensitive issue. A balance must be found in efficiently maximizing distribution of information
and protecting it from organized cyber-criminal element.
Cyber-crime covers such a broad scope of criminal enterprise. The examples mentioned
above are only a few of the thousands of variant of illegal activities commonly classed as
cybercrimes. Computers and the internet have improved our lives in many ways. Unfortunately,
criminals now make use of these technologies to the detriment of society.
In our daily life, economic activities, and national security highly depend on stability,
safely and resilient cyberspace. A network brings communications and transports, power to our
homes, run our economy, and provide government with various services.

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DATA CENTER COLLEGE OF THE PHILIPPINES
COLLEGE OF CRIMINAL JUSTICE EDUCATION LAOAG CITY

However, it is through the same cyber networks which intrude and attack our privacy,
economy, social life in a way which is harmful. Some scholars have interestingly argued that,
“in the internet nobody knows you are a dog”.
Environmental Law: The Perspective
With its provisions for general and particular care of the environment, environmental law will
continue to stress the absolute need for a regulatory frame work within which its existential,
social and aesthetic functions can be fulfilled. The five development trends of environmental
law that have been identified since the 1980s are grouped together in three focuses of
development:
• Integrated environmental strategies for the internal and external integration of
environmental care by means of further ecological development and harmonization of
environmental law,
• Indirect environmental strategies for the indirect guidance of environmental care
conduct by means of corresponding economic and other incentives and instruments and
• International environmental strategies to link national, supranational and international
environmental law by means of the promotion or adoption of supranational and
international developments.
In order to be able to master these development focuses appropriately environmental
law needs fundamental reform that builds upon the solid basis of the intervening measures of
direct conduct guidance and the planning measures that have been somewhat underestimated
in recent decades. At a national level the Environmental Code offers an appropriate legislative
type of action fort this reform of environmental reform and, at the same time, forms the
constitution of environmental order. This environmental order is designed not only to realize
the State’s constitutional objective of care of the environment. Linked to an economic order
which guarantees the autonomy of the individual and competition, and a strongly structured
social order, an environment order also helps the social market economy to gear itself to the
needs of the environment in such way that in can do ecological, economic and social justice to
the model of sustainable development.
It is high time and necessary to protect the environment and save whole mankind. It is
important to protect the environment because man-made disruptions to ecosystems can cause
extinction, because pollution creates dangers for both animals and people, and because
mankind owes the natural world a moral obligation.
Environmental protection is an important concept of sustainable development. As the
main player of sustainable development, enterprises should pursue the ecological, economic
and social sustainable development and take social responsibilities for the harmonious
development of the society and environment. Under the consideration of environmental
protection and sustainable development, enterprises should behave environmental friendly to
obtain the legitimacy from constituencies. Based on the theme of environmental protection, this
book introduces and discusses the literatures related to sustainable development and
legitimacy of enterprises.

Climate change. It’s worse than we imagined it would be. The effects of climate can
have a disastrous impact on our planet Earth. High temperatures, loss of wildlife species,
increase in sea level, changes in rainfall patterns, heat waves, stronger storms, wildfires and
shrinking of arctic ice are few of the dangerous effects of climate change.

Are we still going to ignore this problem as if it isn’t real? I implore you not to. Here are
five little things you can do to help save our planet as students.
COURSE OBJECTIVES
The major objectives in the study of Cyber-Crimes and Environmental Laws and Protection
in relation to the new curriculum for the Bachelor of Science in Criminology as stipulated in
CHED Memo #05 are enumerated:
✓ To become familiar with various definitions and typologies of cybercrime and
environmental laws and protection
✓ To understand the contribution of hackers, victims and IT managers to cybercrime
✓ To apply criminological theories in the study of cybercrime and environmental laws
✓ To become familiar with technical tools allowing the collection of data in cyber space

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DATA CENTER COLLEGE OF THE PHILIPPINES
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✓ To explain the role of both private sector and law enforcement agencies in investigating,
prosecuting and preventing cybercrime
✓ To apply environmental aspects in analytical, conceptual and implementation stage of
dealing with specific problem
✓ Conceptual solutions of regional development issues
✓ To apply the research process on cybercrime, environmental laws and protection
Cybercrime research has grown in visibility and importance during the last two decades.
Nevertheless, despite the growing public interest in cybercrime and its consequences for
businesses and individuals, only limited attention has been given in the criminological
discipline to investigation and understanding of this new type of crime.
The purpose of this subject is to introduce students with the technical, social and legal
aspects of cybercrime as well as expose students to theories and tools that enable scientific
exploration of this phenomenon. In the first weeks of the semester we will learn about the
computer and the internet, and discuss several definitions typologies of cybercrime, then
discuss the hacker, the victim and the IT manager. We will conclude this section by reviewing
important steps taken by scholars while conducting scientific research. We will review various
theories of crime causation, amd asses the relevance of these theories in the context of cyber
space. We will then describe several technical tools and allow the collection of data in the
internet. We will conclude with a discussion on the legal issues affected and crated by online
crime.
Likewise, on the second part of this book which id the study of Environmental Laws and
Protection. It will provide students with an understanding of the major environmental statutes
and the common and constitutional law that are relevant to the environmental protection in the
Philippines. Law will be examined from the point of view of its effectiveness in developing
healthy and sustainable human societies that also honor the inherent value of nature and of
people as part of nature.
Students will examine how we can use law to develop a cleaner, safer and more stable
economy, to protect our health, and the natural resources our descendants will need.
The five development trends of environmental law that have been identifies since the 1980s
are now grouped together in three focuses in development:
1. Integrated environmental strategies for the internal and external integration of
environmental care by means of further ecological development and harmonization of
environmental law,
2. Indirect environmental strategies for the indirect guidance of environmental care
conduct by means of corresponding economic and other incentives and instruments and
3. International environmental strategies to link national, multinational and international
environmental law by means of the promotion or adoption of multinational and
international developments.
In order to be able to master these development focuses appropriately environmental law
needs a fundamental reform that builds upon the solid basis of the intervening measures of
direct conduct guidance and the planning measures that have been somewhat underestimated
in the recent decades. At a national level the Environmental Code offers and appropriate
legislative type of action and changes at the same time. It forms the constitution of
environmental order.

This environmental order is designed not only to realize the State’s constitutional objective
of care of the environment. Linked to an economic order which guarantees the autonomy of the
individual and competition, and a strongly structured social order, an environment order also
helps the social market economy to gear itself to the needs of the environment in such a way
that it can do ecological, economic and social justice to the model of sustainable development.

“AS THE WORLD IS INCREASINGLY INTERCONNECTED, EVERYONE SHARES THE


RESPONSIBILITY OF SECUTRING CYBERSPACE” – Neuton Lee

“I DON’T WANT TO PROTECT THE ENVIRONMENT, I WANT TO CREATE A WORLD


WHERE THE ENVIRONMENT DOESN’T NEED PROTECTING” – anonymous REFERENCE:

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DATA CENTER COLLEGE OF THE PHILIPPINES
COLLEGE OF CRIMINAL JUSTICE EDUCATION LAOAG CITY

PCol Florendo, A.M. & PSSgt Florendo, R.M., (2020). Introduction to Cyber Crime and
Environmental Laws and Protection. Wiseman’s Books Trading, Inc.

Disclaimer: All contents of the book are used in this module for academic purposes only.

CHAPTER I
The Computer and the Internet
“Ever since men began to modify their lives by using technology they have found themselves
in a series of technological traps”
-Roger Revelle

Famed mathematician Charles Babbage designed a Victorian-era computer called the


Analytical Engine. This is a portion of the mill with a printing mechanism.

The computer was born not for entertainment or email but out of a need to solve a serious
number-crunching crisis. By 1880, the U.S. population had grown so large than it took more
than seven years to tabulate the U.S. Census results. The government sought a faster way to
get the job done, giving rise to punch-card based computers that took up entire rooms.

Today, we carry more computing power on our smartphones than was available in these early
models. The following brief history of computing is a timeline of how computers evolved from

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their humble beginnings to the machines of today that surf the internet play games and stream
multimedia in addition to crunching numbers.

History expenof Computer


The computer as we know it today has its beginning with a 19 th century. English mathematics
professor named Charles Babbage. He designed the Analytical Engine and it was this design
that the basic framework of the computers of today are based on.
Generally speaking, computers can be classified into three generations. Each generation
lasted for a certain period of time, and each gave us either a new and improved computer or
an improvement to the existing computer.

First generation: 1937 – 1946 -In 1937 the first electronic digital computer was built by Dr.
John V. Atanasoff and Clifford Berry. It was called the Atanasoff-Berry computer (ABC). In
1943 an electronic computer name the Colossus was built for the military. Other developments
continued until 1946 the first general- purpose digital computer, the Electronic Numerical
Integrator and Computer (ENIAC) was built. It is said that this computer weighed 30 tons, and
had 18,000 vacuum tube which was used for processing. When this computer was turned on
for the first time, lights dim in sections of Philadelphia. Computers of this generation could only
perform single task, and they had no operating system.

Second generation: 1947 – 1962 -This generation of computers used transistors instead of
vacuum tubes which were more reliable. In 1951 the first computer for commercial use was
introduced to the public; the Universal Automatic Computer (UNIVAC 1). In 1953 the
International Business Machine (IBM) 650 and 700 series computers made their mark in the
computer world. During this generation of computers over 100 computer programming
languages was developed, computers had memory and operating system. Storage media such
as tape and disk were in use also were printers for output.

Third generation: 1963 – present -The invention of integrated circuit brought us the third
generation of computers. With this invention computers became smaller, more powerful more
reliable and they are able to run many different programs at the same time. In 1980 Microsoft
Disk Operating System (MS-Dos) was born and in 1981 IBM introduced the Personal
Computer (PC) for home and office use. Three years later, Apple gave us the Macintoch
computer with its icon driven interface and the 90s gave us Windows operating system.

As a result of the various improvements to the development of the computer we have seen the
computer being used in all areas of life. It is very useful tool that will continue to experience
new development as time passes by.

What does computer mean?


A computer is a machine or a device that performs processes, calculations and operations
based on instructions provided by a software or hardware program. It is designed to execute
applications and provides a variety of solutions by combining integrated hardware and software
components.
A computer is made up of multiple parts and components that facilitate user functionality. A
computer has two primary categories:
1. Hardware: Physical structure that houses a computer’s processor, memory, storage,
communication ports and peripheral devices
2. Software: Includes operating system (OS) and software applications.

A computer works with software programs that are sent to its underlying hardware architecture
for reading, interpretation and execution. Computers are classified according to computing
power, capacity, size, mobility and other factors, as personal computers (PC), desktop
computers, laptop computers, minicomputers, handheld computers and devices, mainframes
or supercomputers.

Computer Fundamentals
A computer is an electronic machine that accepts data, stores and processes data into
information. The computer is able to work because there are instructions in its memory
directing it. The parts of the computer that you can see and touch, such as the keyboard,
monitor and the mouse are called hardware. The instructions that direct the computer are
called software or computer program.

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Data which is raw facts that the user enters into the computer is called input. These includes;
words, numbers, sound and pictures. When the data is entered into the computer, the
computer processes the data to produce information which is output. For example, you enter
2+2 into the computer as data, the computer processes it and the result is 4 which is
information.

Computers are usually categories into three general categories:


1. Supercomputer
2. Mainframe Computer
3. Personal Computer

There are two main types of personal computer. Macintosh (Macs) and the PC compatibles
(PC). The main difference between the two is the operating system and the processors they
use. This category of computer has two additional types of computers. These are mobile
computer and handheld computer. The most popular type of mobile computer is the notebook
or laptop computer, and the handheld computer is a very small PC that you can hold in your
hand.

It is important to note that, any computer; regardless of its size has an input device, output
device and a system unit.

Computer Hardware
You learned earlier that a computer has electronic and mechanical parts known as hardware.
Hardware also includes input devices, output devices, system unit, storage devices and
communication devices. Without these components we would not be able to use the computer.

Input Devices – An input device is any hardware component that allows you, the user to enter
data into the computer. There are many input devices.

Six of the most widely used input devices are:


1. Keyboard
2. Mouse
3. Scanner
4. Microphone
5. Digital camera
6. PC Video Camera

Output Devices – an output device is any hardware component that gives information to the
user.
Three commonly used output devices as are follows:
1. Monitor
2. Printer
3. Speaker
Computer Software
The computer will not work without the software. Software also called programs. These are the
instructions that tell the computer what to do and hoe to do it. The two main categories of
software are system software and application software. The system software also called the
operating system (OS) actually runs the computer. This software controls all the operations of
the computer and its devices. All computers use system software and without the system
software the application software will not work. The most common OC on a PC is the Windows
operating system and for the Mac computer it would be the Mac operating system.

Application software is a program that allows users to a specific task on the computer. There
are a number of different types of application software available to do many of the tasks we do
daily.

Four examples of common application software and what they are used for are:
1. Word Processing Application
2. Spreadsheet Application
3. E-Mail Application
4. Internet Application

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Storage Media
Storage keeps data, information and instructions for use in the future. All computers use
storage to keep the software that makes the hardware work.

As a user you store a variety of data and information on your computer or on storage media.
Storage media are the physical materials on which data, information and instructions are kept.
When a user saves information or data to a storage medium he or she is storing a file, and this
process is called writing. When the file is opened the process is called reading.

Common storage media are:


1. Hard Drive
2. Floppy Disk
3. CD & DVD
4. USB Flash Drive

Computer Care
Taking care of your computer is just as important as taking care of your books. Both the
internal and external parts of the computer have to be cared for. Scanning, defragging and
reformatting are some of the activities performed to clean up the hard drive. These activities
are best left to a grown up and such you should not attempt them.

However, there are certain tasks you can perform to ensure your computer is clean; here are a
few:
1. Keep Dust Away
2. Keep Food Away
3. Use Clean Hands
4. Treat With Respect
5. Keep Off
6. Stop Virus Attack
7. Handle With Care

History of Internet
❖ The Internet Timeline begins in 1962, before the word internet was invented. The world’s
10,000 computers are primitive, although they cost hundreds of thousands of dollars. They
have only a few thousand words of magnetic core memory, and programming them is far
from easy.
❖ Domestically, data communication over the phone lines is an AT and T monopoly. The
‘picturephone’ of 1939, show again at the New York World’s Fair in 1964, is still AT&T’s
answer to the future of worldwide communications.
❖ But the four-year old Advanced Research Projects Agency (ARPA) of the U.S. Department
of Defense, a future-oriented funder of ‘high-risk, high-gain’ research, lays the groundwork
for what becomes the ARPANET and, much later, the internet.
❖ ARPANET adopted TCP/IP on January 1, 1983, and from there researchers began to
assemble the “network or networks” that became the modern internet. The online world
then took on a more recognizable from in 1990, when computer scientist Tim Berners-Lee
invented the World Wide Web.
❖ Vint Cerf. Widely known as a “Father of the Internet”, Cerf is the co-designer of the TCP/IP
protocols and the architecture of the internet. In December 1997, President Bill Clinton
presented the U.S. National Medal of Technology to Cerf and his colleague, Robert E.
Khan, for founding and developing the internet.
❖ Michael Bauer, the original owner of internet.org before Facebook founder and CEO Mark
Zuckerburg, discovered what became of his treasured domain just like anyone else: while
watching Chris Cuomo on CNN.

Meaning of Internet
The Internet, sometimes called simply “the Net”, is a worldwide system of computer networks –
a network of networks in which users at any one computer can, if they have permission, get
information from other computer (and sometimes talk directly to users at other computers).

It is also a means of connecting a computer to any other computer anywhere in the world via
dedicated routers and servers. When two computers are connected over the Internet, they can
send and receive all kinds of information such as text, graphics, voice, video, and computer
programs.

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Basically, the way the internet works is by connecting billions of computers together in things
called networks. Networks (“Net” for short) are clusters of computers linked together so that
they can send data to each other. That is the ISP’s network you are on. The Internet grew out
of the Advanced Research Projects Agency’s Wide Area Network (then called ARPANET)
established by the US Department of Defense in 1960s for collaboration in military research
among business and government laboratories.

Later, universities and other US institutions connected to it. This resulted in ARPANET growing
beyond everyone expectations and acquiring the name ’internet’. The development of
hypertextbased technology (called world wide web, WWW, or just the Web) provided means of
displaying text, graphics, and animations, and easy search and navigation tools that triggered
Internet’s explosive worldwide growth.

Different Types of Internet Connections


1. Dial-Up (Analog 56K) – dial-up access is cheap but slow. A modern (internal or
external) connects to the internet after the computer dials a phone number. This analog
signal is converted to digital via the modern and sent over a land-line serviced by a
public telephone network. Telephone lines are variable in quality and the connection
can be poor at times. The lines regularly experience interference and this affects the
speed, anywhere from 28K to 56K. Since a computer or other device shares the same
line as the telephone, they can’t be active at the same time.
2. DSL. DSL stands for Digital Subscriber Line. It is an internet connection that is always
“on”. This uses 2 lines so your phone is not tied up when your computer is connected.
There is also no need to dial a phone number to connect. DSL uses a router to transport
data and the range of connection speed, depending on the service offered, is between
128K to 8 Mbps.
3. Cable. Cable provides an internet connection through a cable modem and operates
over cable TV lines. There are different speeds depending on if you are uploading data
transmissions or downloading. Since the coax cable provides a much greater bandwidth
over dial-up or DSL telephone lines, you can get faster access. Cable speeds range
from 512K to 20 Mbps.
4. Wireless. Wireless or Wi-Fi as name suggests, does not use telephone lines or cables
to connect to the internet. Instead, it uses radio frequency. Wireless is also an always
on connection and it can be accessed from just about anywhere wireless networks are
growing in coverage areas by the minute so when I mean access from just about
anywhere, I really mean it. Speeds will vary, and the range is between 5 Mbps to 20
Mbps. 5. Satellite. Satellite access the internet via a satellite in Earth’s orbit. The
enormous distance that a signal travels from earth to satellite and back again, provides
a delayed connection compared to cable and DSL. Satellite connection speeds are
around 512K to 2.0 Mbps.
6. Cellular. Cellular technology provides wireless internet access through cellphones. The
speeds vary depending on the provider. But the most common are the 3G and 4G
speeds. A 3G is a term that describes a 3 rd generation cellular network obtaining mobile
speed of around 2.0 Mbps. 4G is the 4th generation of cellular wireless standards. The
goal of 4G is to achieve peak mobile speeds of 100 Mbps but the reality is about 21
Mbps currently.

The internet is one of the fastest-growing areas of technical infrastructure development. Today,
information and communication technologies (ICTs) are omnipresent and the trends towards
digitization is growing. The demand of internet and computer connectivity has led to the
integration of computer technology into products that have usually functioned without it, such
as cars and buildings. Electricity supply, transportation infrastructure, military services and
logistics – virtually all modern services depend on the use of ICTs.

Although the development of new technologies is focuses mainly on meeting consumer


demands in western countries, developing countries can also benefit from new technologies
such as WiMAX and computer systems that are now available for less than USD 2006, many
more people in developing countries should have easier access to the internet and related
products and services.

The influence of ICTs on society goes far beyond establishing basic information infrastructure.
The availability of ICTs is a foundation for development in the creation, availability and use of
network-based services. E-mails have displaced traditional letters online web representation is

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nowadays more important for businesses than printed publicity materials; and internet-based
communication and phone services are growing faster than landline communications.

The availability of ICTs and new network-based services offer a number of advantages for
society in general, especially for developing countries. ICT applications, such as e-
government, e-commerce, e-education, e-health, and e-environment and are seen as enablers
for development, as they provide an efficient channel to deliver a wide range of basic services
in remote and rural areas.

ICT applications can facilitate that achievement of millennium development targets, reducing
poverty and improving health and environmental conditions in developing countries. Given the
right approach, context and implementation process, investments in ICT applications and tools
can result in productivity and quality improvements. In turn, ICT applications may release
technical and human capacity and enable greater access to basic services. In this regard,
online identity theft and capturing the act of capturing another person’s credentials and/or
personal information via the internet with the intent to fraudulently reuse it for criminal purposes
is now one of the main threats to further deployment of e-government and e-business services.

The costs of internet services are often also much lower than comparable services outside the
network. E-mail services are often available free of charge or cost very little compared to
traditional postal service. The online encyclopedia Wikipedia can be used free of charge, as
can hundreds of online hosting services. Lower costs are important, as they enable services to
be used by many more users, including people with only limited income. Given the limited
financial resources of many people in developing countries, the internet enables them to use
services they may not otherwise have access to outside the network.

Advantages Risks of Information and Communication Technologies (ICTs)

The introduction of ICTs into many aspects of everyday life has led to the development of the
modern concept of the information society. This development of the information society offers
great opportunities. Unhindered access to information can support democracy, as the flow of
information taken out of the control of state authorities (as has happened, for example, in
Eastern Europe and North Africa). Technical developments have improved daily life – for
example, online banking and shopping, the use of mobile data services and voice over internet
protocol (VolP) telephony are just some examples of how far the integration of ICTs into our
daily lives has advanced.

However, the growth of the information society is accompanied by new and serious threats.
Essential services such as water and electricity supply now rely on ICTs. Cars, traffic control,
elevators, air conditioning and telephones also depend on the smooth functioning of ICTs.
Attacks against information infrastructure and internet services now have the potential to harm
society in new and critical ways. Attacks against information infrastructure and internet
services have already taken place. Online fraud and hacking attacks are just examples of
computer related crimes that are committed on a large scale every day. The financial damage
caused by cybercrime is reported to be enormous.

In 2003 alone, malicious software caused damages of up to USD 17 billion. By some


estimates, revenues from cybercrime exceeded USD 100 billion in 2007, outstripping the illegal
trade in drugs for the first time. Nearly 60 percent of businesses in the United States believe
that

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cybercrime is more costly to them than physical crime. These estimates clearly
demonstrate the importance of protecting information infrastructure. Most of the above-mentioned
attacks against computer infrastructure are not necessarily targeting critical infrastructure. However,
the malicious software “Stuxnet” that was discovered in 2010 underlines the threat of attacks focusing
on critical infrastructure. The software, with more than 4 000 functions, focused on computer systems
running software that is typically used to control critical infrastructure.

Committing a cybercrime automatically involves a number of people and businesses, even if the
offender acts alone. Due to the structure of the internet, the transmission of a simple e-mail requires
the service of a number of providers. In addition to the e-mail provider, the transmission involves
access providers as well as routers who forward the e-mail to the recipient. The situation is similar for
the downloading of movies containing child pornography. The downloading process involves the
content provider who uploaded the pictures (for example on a website), the hosting provider who
provided the storage media for the website, the routers who provided the files to the user, and finally
the access provider who enabled the user to access the internet. Because of this improvement by
multiple parties, internet service providers have long since been at the center of criminal
investigations involving offenders who use the ISPs’ services to commit an offense.

One of the main reasons for this development is that, even when the offender is acting from abroad,
the providers located within the country’s national borders are a suitable subject for criminal
investigations without violating the principle of national sovereignty. That fact that, on the one hand,
cybercrime cannot be committed without the involvement of providers, and, on the other hand,
providers often do not have the ability to prevent these crimes.

The answer to the question is critical for economic development of the ICT infrastructure. Providers
will only operate their services if they are able to avoid criminalization within their regular mode of
operation. In addition, law enforcement agencies also have a keen interest in this question. The work
of law enforcement agencies very often depends on cooperation of, and with, internet providers. This
raises some concern, since limiting the liability of internet providers for acts committed by their users
could have an impact on the ISPs’ cooperation and support for cybercrime investigations, as well as
on the actual prevention of crime.

CHAPTER II What is
Cybercrime?

Cybercrime is an activity done using computers and internet. We can say that it is an unlawful act
wherein the computer either as a tool or target or both.

Cybercrime is any crime that takes place online or primarily online. That can run the gamut from the
aforementioned identity theft and other security breaches to things like
“revenge porn”, cyber-stalking, harassment, bullying and even child sexual exploitation. Terrorists are
collaborating more on the internet, moving that most terrifying of crimes into cyberspace.

HISTORY OF CYBERCRIME

The firsts recorded cybercrime took place in 1820 by joseph marie jacguard , That is not surprising
considering the fact that the abacus which is thought to be the earliest form of a computer, has been
around since 3500 B.C. In India, Japan ang China, the era of modern computer, however, began with
the analytical engine of Charles Babbage. The first spam e-mail took place in 1976 when it was sent
out over the ARPANT GARY THURK father of spam e-mail. The first virus was installed on an Apple
computer in 1982 when a high school student, Rich Skrenta, developed the EIK Cloner RICH
CKRENTA .

Cybercrime first started with hackers trying to break into computer networks. Some did it just for the
thrill of accessing high level security networks, but others sought to gain sensitive, classified material.
Eventually, criminals started to infect computer systems with computer viruses, which led to
breakdowns on personal and business computers.

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Banks and other financial institutions were amongst the first large scale computer
users in the private sector, for automate payroll and accounting functions. Therefore, fraud in a
computer scheme emerged. One of the first cited as an instance of the computer fraud involved
equityfunding corporation in the US, fraud was simple. FIRST COMPUTER FAUD EQUITY-
FUNDING CORPORATION IN THE US-

The frauds succeed because the auditors and regulators accepted computer printouts as definitive
evidence of policies and did not ask original documentation. When the fraud was discovered, some
64,000 out of 97,000 policies allegedly issued by the company proved to be false, almost 1 billion
pounds estimated to be the loss.

Therefore, as the technological advance, the number of cybercrime cases increased. There is no
reliable and precise statistics of the losses the victims gain as the fact that victims do not detect many
of these crimes. Therefore, fights against computer crime began.

Several individuals were engaged in the fight against computer crime from the early development.
The founder and the father of the knowledge of computer crimes are by many observers considered
to be Donn B. Parker, USA. He was involved in the research of the computer crime and security from
the early 1970.

He served as a Senior Computer Security Consultant at the SRI International (Stanford Research
Institute), and was the main author of the first basic federal manual for law enforcement in the USA:
“Computer Crime – Criminal Justice Resource Manual” (1979). This manual became soon an
encyclopedia also for law enforcement outside US.

Development of Computer Crime and Cybercrime

The criminal abuse of information technology and the necessary legal response are issues that have
been discussed ever since the technology was introduced. Over the last 50 years, various solutions
have been implemented at the national and regional levels. One of the reasons why the topic remains
challenging is the constant technical development, as well as the changing methods and ways in
which the offenses are committed.

In the 1960s, the introduction of transistor -based computer systems, which were smaller and less
expensive than vacuum tube-based machines, led to an increase in the use of computer technology.
At this early stage, offenses focused on the physical damage to computer systems and stored data.
Such incidents were reported, for example, in Canada, where in 1969 a student riot caused a fire that
destroyed computer data hosted at the university. In the mid-1960s, the United States started a
debate on the creation of a central data-storage authority for all ministries. Within this context,
possible criminal abuse of databases and the related risks to privacy were discussed.

In the 1970s, the use of computer systems and computer data increased further. At the end of the
decade, an estimated number of 100 000 mainframe computers were operating in the United States.
With falling prices, computer technology was more widely used within administration and business,
and by the public. The 1970s were characterized by a shift from the traditional property crimes against
computer systems that had dominated the 1960s, to new forms of crimes. While physical damage
continued to be a relevant form of criminal abuse against computer systems, new forms of computer
crime were recognized. They included the illegal use of computer systems and the manipulation of
electronic data. The shift from manual to computer-operated transactions led to another new form of
crime computer-related fraud. Already at this time, multimillion dollar losses were caused by computer
related fraud. Computer-related fraud, in particular, was a real challenge, and law enforcement
agencies were investigating more and more cases. As the application of existing legislation in the
computer-crime cases led to difficulties, a debate about legal solutions started in different parts of the
world. The United States discussed a draft bill designed specifically to address cybercrime. Interpol
discussed the phenomena and possibilities for legal response.

In the 1980s, personal computers became more and more popular. With this development, the
number of computer systems and hence the number of potential targets for criminals again increased.
For the first time, the targets included a broad range of critical infrastructure. One of the side effects

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of the spread of computer systems was an increasing interest in software, resulting in


the emergence of the first forms of software piracy and crimes related to patents. The interconnection
of computer systems brought about new types of offence. Networks enabled offenders to enter a
computer system without being present at the crime scene. In addition, the possibility of distributing
software through networks enabled offenders to spread malicious software, and more and more
computer viruses were discovered. Countries started the process of updating their legislation so as to
meets the requirements of a changing criminal environment. International organizations also got
involved in the process. OECD and the Council of Europe set up study groups to analyze the
phenomena and evaluate possibilities for legal response.

The introduction of the graphical interface (“WWW”) in the 1990s that was followed by a rapid growth
in the number of internet users led to new challenges. Information legally made available in one
country was available globally – even in countries where the publication of such information was
criminalized. Another concern associated with online services that turned out to be especially
challenging in the investigation of transnational crime was the speed of information exchange. Finally,
the distribution of child pornography moved from physical exchange of books and tapes to online
distribution through websites and internet services. While computer crimes were in general local
crimes, the internet turned electronic crimes into transnational crime. As a result, the international
community tackled the issue more intensively. UN General Assembly Resolution 45/121 adopted in
1990 and the manual for the prevention and control of computerrelated crimes issued in 1994 are just
two examples.

As in each preceding decade, new trends in computer crime and cybercrime continued to be
discovered in the 21st century. The first decade of the new millennium was dominated by new, highly
sophisticated methods of committing crime, such as “phishing”, and “botnet attacks”, and the
emerging use of technology that is more difficult for a law enforcement to handle and investigate such
“voice-over IP (VoIP) communication” and “cloud computing”. It is not only the methods that changed,
but also the impact. As offenders became able to automate attacks, the number of offences
increased. Countries and regional and international organizations have responded to the growing
challenges and given response to cybercrime high priority.

What is Cybercrime?

Cybercrime consists of illegal activity conducted on a computer. Traditional crimes may be committed
while using a computer, but cybercrimes consists of more specific types of crimes, such as phishing
schemes and viruses.

Cybercrime or computer-oriented crime, is 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.

Cybercrimes can be defined as: “Offenses 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, or loss, to the victim directly or indirectly, using modern telecommunication networks
such as Internet (networks including but not limited to chat rooms, emails, notice boards and groups)
and mobile phones (Bluetooth/SMS/MMS)”.

Cybercrime may threaten a person or a nation’s security and financial health. Issues surrounding
these types of crimes have become high profile, particularly those surrounding hacking, copyright
infringement, unwarranted mass-surveillance, sextortion, child pornography, and child grooming.

There are also problems of privacy when confidential information is intercepted or disclosed, lawfully
or otherwise.

Debarati Halder and K. Jaishankar further define cybercrime from the perspective of gender and
define ‘cybercrime against women’ as “Crimes targeted against women with a motive to intentionally
harm the victim psychologically and physically, using modern telecommunication networks such as
internet and mobile phones”. Internationally, both governmental and non-state actors engage in
cybercrimes, including espionage, financial theft, and other cross-border crimes. Cybercrimes

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crossing international borders and involving the actions of at least one nation
start is sometimes referred to as cyberwarfare- CROSS INTERNATIONAL BOARDER.

A report (sponsored by McAfee) estimates that the annual damage to the global economy is at $445
billion; however, a Microsoft report shows that such survey-based estimates are “hopelessly flawed”
and exaggerate the true losses by orders of magnitude. Approximately $1.5 billion was lost in 2012 to
online debit and credit card fraud in the US. In 2016, a study by Juniper Research estimated that the
costs of cybercrime could be as high as 2.1 trillion by 2019.

There has been confusion on the criteria used to determine the definition of the term Cyber Crimes or
computer crimes. Some argued that, it is any crime that involves the use of computer; some argued
that, it is a crime in the presence of computer. However, some have criticized the categorization of
cybercrime. Don Gotternbarn argued that, there is nothing special on the crimes that happen to
involve computers. Is it possible for a crime being categorized in accordance to a tool, equipment,
mechanism or means through which it was committed? If that’s so, how many categories of crime
would be there? How about the crime committed through using a television, automobiles, scalpel,
scissors, and other tools, can we categorize each of them as individual crimes?

Concept of Cyber Crime (Gotternbarn)

In arguing against Gotternbarn, it is true that, we may not categorize other crimes in accordance to
tools, equipment, mechanism or means through which they were committed. However, due to the
nature and features of cyber crimes which differentiate, the traditional universe and the cyber
universe, led the traditional universe tremble like an earthquake, makes crimes difficult to control than
they were before, this initiates the concept of these crimes being necessary categorized as Cyber
Crimes.

Therefore, let Cyber Crimes be Cyber Crimes. Forester and Marrison argued that, cybercrime is a
criminal act in which a computer is used as a principal tool. In that matter, the theft of computer
hardware device, would not qualify as computer crime.

Is it true by using computer as the principal tool to commit a crime will amount to the computer or
cybercrime? For instance, in taxable transactions, in the case of data entry, can’t a person commit
fraud by just filling the wrong data into hardcopy version of tax forms which are the same available in
electronic forms?

Roy Girasa (2002) argued that, cybercrime is a generic term covering the multiplicity of crimes found
in penal codes or in legislation having the use of computers as a center component. To him Ubiquity,
global reach, universal standards, information richness, interactivity, information density,
personalization/customization, and social technology. As a result of these features, it achieves
unprecedented reach, and makes available vast amounts of information, of var ying degrees of
quality. Internet users cannot be regarded as a homogenous group.

Cybercrime is a crime as long as the penal codes and any other legislation clearly stipulate it as
involving not only the use of computers but the use of computers as the center component.

At the Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders, in a
workshop devoted to the issues of crimes related to computer networks, cyber crime was broken into
two categories and defined thus:

1. 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.
2. Cybercrime in a broader sense (computer-related crime): Any illegal behavior directed 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 computer system or network.

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Even though this definition is not completely definitive, however it gives us a good
starting point, for determining just what cybercrime means, by incorporating computer crime and
computer related crime.

Computer crime has two elements:


1. Computer
2. Crime

Therefore, in involves a crime in a relationship with a computer. The relationship could involve the
direct usage of a computer by the criminal as one of the first famous computer criminals did.

However, the relationship can be also be indirect, the criminal cannot only use a computer to commit
this crime but can also use someone to make changes in a computer system, by manipulating a key
computer user. Thus, one being the exploitation of weaknesses in the technical IT infrastructure, the
other being exploitation of trust in social fabric of IT users within the organization.

Cybersecurity and Cybercrime

“Cybersecurity is the collection of tools, policies, security concepts, security safeguards, guidelines,
risk management approaches, actions, trainings, best practices, assurance and technologies that can
be used to protect the cyber environment and organization and user’s assets. Organization and user’s
assets include connected computing devices, personnel, infrastructure, applications, services,
telecommunication systems, and the totality of transmitted and /or stored information in the cyber
environment. Cybersecurity strives to ensure the attainment and maintenance of the security
properties of the organization and user’s assets against relevant security risks in the cyber
environment.

Cyber security involves protection of sensitive personal and business information through prevention,
detection and response to different online attacks. Cyber security actually preventing the attacks.

Cyber Security – Privacy Policy:

Before submitting your name, e-mail, address on a website, look for the sites privacy policy. Keep
Software Up to Date: If the seller reduces patches for the software operating system your device,
install them as soon as possible. Installing them will prevent attackers from being able to take
advantage. Use good password which will be difficult for thieves to guess. Do not choose option that
allows your computer to remember your passwords.

DISABLE REMOTE CONNECTIVITY

Some PDAs and phones are equipped with wireless technologies, such as Bluetooth, that can be
used to connect to other devices or computers. You should disable these features when they are not
in use.

ADVANTAGES OF CYBERSECURITY

The cyber security will defend us from critical attacks.


1. It helps us to browse the site, website.
2. Internet Security process all the incoming and outgoing data on your computer.
3. It will defend us from hacks and viruses.
4. Application of cyber security used in our PC needs update every week.

SAFETY TIPS TO CYBER CRIME


1. Use antivirus software
2. Insert Firewalls
3. Uninstall unnecessary software
4. Maintain backup
5. Check security settings

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Cybercrime and cybersecurity are issues that can hardly be separated in an


interconnected environment. The fact that the2010 UN General Assembly resolution on cybersecurity
addresses cybercrime as one major challenge underlines this. Cybersecurity plays an important role
in the ongoing development of information technology, as well as internet services. Enhancing
cybersecurity and protecting critical information infrastructures are essential to each nation’s security
and economic well-being. Making the internet safer (and protecting internet users) has become
integral to the development of new services as well as government policy.

Deterring cybercrime is an integral component of a national cybersecurity and critical information


infrastructure protection strategy. In particular, this includes the adoption of appropriate legislation
against the misuse of ICTs for criminal or other purposes and activities intended to affect the integrity
of national critical infrastructures. At the national level, this is a shared responsibility requiring
coordinated action related to prevention, preparation, response and recovery from incidents on the
part of government authorities, the private sector and citizens. At the regional and international level,
this entails cooperation and coordination with relevant partners. The formulation and implementation
of a national framework and strategy for cybersecurity thus requires a comprehensive approach.

Cybersecurity strategies – for example, the development of technical protection systems or the
education or users to prevent them from becoming victims of cybercrime can help to reduce the risk of
cybercrime. The development and support of cybersecurity strategies are vital element in the fight
against cybercrime.

The legal, technical and institutional challenges posed by the issue of cybersecurity are global and far
reaching, and can only be addressed through a coherent strategy taking in to account the role of
different stakeholders and existing initiatives, within a framework of international cooperation. In this
regard, the World Summit on the Information Society (WSIS) recognized the real and significant risks
posed by inadequate cybersecurity and the proliferation of cybercrime. the provision of 108-110 of the
WSIS Tunis Agenda for the Information Society including the Annex, set out a plan for multi-
stakeholder Understanding crime: Phenomena, challenges and legal response implementation at the
international level of the WSIS Geneva Plan of Action, describing the multi-stakeholder
implementation process according to eleven action lines and allocating responsibilities for facilitating
implementation of the different action lines. At WSIS, world leader and governments designated ITU
to facilitate the implementation of WSIS Action
Line C5, dedicated to building confidence and security in the use of ICTs. In this regard, the ITU
Secretary-General launched the Global Cybersecurity Agenda (GCA) on 17 May 2007, alongside
partners from governments, industry, regional and international organizations, academic and research
institutions. The GCA is a global framework for dialogue and international cooperation to coordinate
the international response to the growing challenges to cybersecurity and to enhance confidence and
security in the information society. It builds on existing work, initiatives and partnerships with the
objective of proposing global strategies to address today’s challenges related to building confidence
and security in the use of ICTs. Within ITU, the GCA compliments existing ITU work programs by
facilitating the implementation of the three ITU Sectors’ cybersecurity activities, within a framework of
international cooperation. INTERNATIONAL TELECOMMUNICATION UNION

The Global Cybersecurity Agenda has seven main strategic goals, built on five work areas:
1. Legal measures;
2. Technical and procedural measures;
3. Organizational structures;
4. Capacity building; and
5. 5. International cooperation.

The fight against cybercrime needs a comprehensive approach. Given the technical measures alone
cannot prevent any crime, it is critical that law enforcement agencies are allowed to investigate and
prosecute cybercrime effectively. Among the GCA work areas, “Legal measures” focuses on how to
address the legislative challenges posed by criminal activities committed over ICT networks in an
internationally compatible manner. “Technical and procedural measures” focuses on key measures to
promote adoption of enhanced approaches to improve security and risk management in cyberspace,
including accreditation schemes, protocols and standards.

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“Organizational structures” focuses on the prevention, detection, response to and


crisis management of cyberattacks, including the protection of critical information infrastructure
systems. “Capacity building” focuses on elaborating strategies for capacity-building mechanisms to
raise awareness transfer know-how and boost cybersecurity on the national policy agenda. Finally,
“International cooperation” focuses on international cooperation, dialogue and coordination in dealing
with cyber threats.

The development of adequate legislation and within thus approach the development of a cybercrime
related legal framework is an essential part of a cybersecurity strategy. This requires first of all the
necessary substantive criminal law provisions to criminalize acts such as computer fraud, illegal
access, data interference, copyright violations and child pornography. The fact that provisions exist in
the criminal code that are applicable to similar acts committed outside the network does not mean that
they can be applied to acts committed over the Internet as well. Therefore, a thorough analysis of
current national laws is vital to identify any possible gaps. Apart from substantive criminal law
provisions, the law enforcement agencies need the necessary tools and instruments to investigate
cybercrime. Such investigations themselves present a number of challenges. Perpetrators can act
from nearly any location in the world and take measures to mask their identity. The tools and
instruments needed to investigate cybercrime can be quite different from those used to investigate
ordinary crimes.

Typology of Cyber Crime

The Convention on Cyber Crime distinguishes between four different types of offenses
1. Offences against the confidentiality, integrity, and availability of computer data and systems,
such as illegal access, illegal interception, data interference, system interference, and misuse
of devoice;
2. Computer-related offenses, such as computer-related forgery and computer-related fraud;
3. Content-related offenses, such as offenses related to child pornography; and
4. Copyright-related offenses, such as offenses related to copyright infringement and related
rights.
Even though this typology of cybercrime is not wholly consistent, as the fourth category does not
focus on the object of legal protection but on the method, which in turn brings about overlap between
categories. Nonetheless, the categories serve as a useful basis for discussing the phenomena of
cybercrime globally.

The term “cybercrime” is used to cover a wide variety of criminal conduct. As recognized crimes
include a broad range of different offenses, it is difficult to develop a typology or classification system
for cybercrime.

One approach can be found in the Convention on Cybercrime, which distinguishes between four
different types of offenses:
1. Offenses against the confidentiality, integrity and availability of computer data and systems;
2. Computer-related offenses;
3. Content-related offenses; 4. Copyright-related offenses.

This typology is not wholly consistent, as it is not based on a sole criterion to differentiate between
categories. Three categories focus on the object of legal protection: “offenses against the
confidentiality, integrity and availability of computer data and systems”; content-related offenses; and
copyright related offenses. The fourth category of “computer-related offenses” 109 does not focus on
the object of legal protection, but on the method used to commit the crime. This inconsistency leads to
some overlap between categories.

In addition, some terms that are used to describe criminal acts (such as “cyberterrorism” or “phishing”)
cover acts that fall within several categories. Nonetheless, the four categories can serve as a useful
basis for discussing the phenomena of cybercrime.

Types of Cybercrime Description


1. Financial crimes Credit Card Fraud; Money Laundering

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2. Cyber Pornography Pornographic Websites; Online Distribution


3. Online Gambling Millions of websites, all hosted on servers abroad, offer online
gambling
4. IP Crimes Software Piracy; Copyright Infringement; Trademarks
Violations; Theft of Computer Source Code. INTELECTUAL
PROPERTY CRIMES
5. Email Spoofing A spoofed email is one that appears to originate from one
source but actually has been sent from another source.
6. Cyber Defamation This occurs when defamation takes place with the help of
computers and/or the internet. E.g. someone publishes
defamatory matter about another on a website. cyberLIBEL-
written statement. cyber slander
7. Cyber Stalking This involves following a person’s movements across the
internet by posting messages (sometimes threatening) on
bulletin boards frequented by the victim, entering chat-rooms
frequented by the victim, constantly bombarding the victim with
emails etc.
8. Unauthorized Access Also known as hacking. Involves gaining access illegally to a
(HACKING) computer system or network and in some cases making
unauthorized use of this access. Hacking is also the act by
which other forms of cyber-crime (e.g. fraud, terrorism) are
committed.
9. Theft Theft of any information contained in electronic from such as
the stored in computer hard disks, removal storage media, etc.
Can extend to identity theft.
10. Email Bombing This refers to sending a large number of emails to the victim
resulting in the victim’s email account (in case of an individual)
or mail servers (in case of accompany or an email service
provider) crashing.
11. Salami Attacks These attacks are often used in committing financial crime and
are bases on the idea that an alteration, so insignificant, would
go completely unnoticed in a single case. E.g. a bank employee
inserts a program, into the bank’s servers, that deducts a small
amount of money (say 5 cents a month) from the account of
every customer. This unauthorized dept is likely to go unnoticed
by an account holder. AG KISSAY TI KWARTA

12. Denial of Service This involved flooding a computer resource with more requests
(DNS) Attack than it can handle, causing the resource (e.g. a web server) to
crash thereby denying authorized users the service offered by
the resource. Another variation to a typical denial of service
attack is known as a Distributed Denial of Service (DDoS)
attack wherein the perpetrators are many and are
geographically widespread. It is very difficult to control such
attacks and is often used in acts of civil disobedience.
SENDING REQUEST CAN CAUSE CRASHING
13. Virus/Worm Viruses are programs that attach themselves to a computer or a
file and then circulate themselves to other files and to other
computers on a network. They usually affect the data on a
MALWARE computer, either by altering or deleting it. Worms, unlike viruses
do not need the host to attach themselves to. They merely
make functional copies of themselves and do this repeatedly till

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they eat up all the available space on a computer’s memory.


14. Logic Bombs These are event dependent programs where programs kick into
action only when a certain event (known as a trigger event)
occurs. Some viruses may be termed logic bombs because
they lie dormant throughout the year and become active only on
a particular date (e.g. Chernobyl virus). CERTAIN TIME
BEFORE HE BOMB
15. Trojan Attacks An unauthorized program which functions from inside what
seems to be an authorized program, thereby concealing what it
is actually doing. SEEM TO BE LEGIT BUT IT IS A VIRUS
16. Web Jacking This occurs when someone forcefully takes control of a website
(by cracking the password and later changing it). HE MANAGE
THE Website
17. Cyber-Terrorism Hacking designed to cause terror. Like conventional terrorism,
‘eterrorism” is utilizes hacking to cause violence against
persons or property, or at least cause enough harm to generate
fear.

Classification of Computer Crimes

Computer crime encompasses a broad range of activities.

1. Financial fraud crimes – financial fraud can be broadly defined as an intentional act of
deception involving financial transactions for purpose of personal gain. Fraud is a crime, and is
also a civil law violation.
2. Internet fraud – means trying to trick or scam someone else using the internet. This usually
means that the person who is being tricked loses money to the people scamming them.
Internet fraud can take place on computer programs such as chat rooms, e-mail, message
boards, or web sites.
3. Computer fraud – is any dishonest interpretation of fact intended to let another to do or refrain
from doing something which causes loss. In this context, the fraud will result in obtaining a
benefit by:
a. Altering in an unauthorized way. This requires little technical expertise and is a common
form of theft by employees altering the data before entry or entering false data, or by
entering unauthorized instructions or using unauthorized processes;
b. Altering, destroying, suppressing, or stealing output, usually to conceal unauthorized
transactions. This is difficult to detect;
c. Altering or deleting stored data;
4. Other forms of fraud may be facilitated using computer systems, including
✓ Bank fraud – is the of potentially illegal means to obtain money, assets, or other property
owned or held by a financial institution, or to obtain money from depositors by fraudulently
posing as a bank or other financial institution. For this reason, bank fraud is sometimes
considered a white-collar crime.
✓ Carding – is a form of credit card fraud in which a stolen credit card is used to charge
prepaid cards. Carding typically involves the holder of the stolen card purchasing store-
branded gift cards, which can then be sold to others or used to purchase other goods that
can be sold for cash.
✓ Identity theft – also known as identity fraud, is a crime in which an imposter obtains key
pieces of personally identifiable information, such as Social Security or driver’s license
numbers, in order to impersonate someone else.
✓ Extortion – (also called shakedown, outwrestling and exaction) is a criminal offense of
obtaining money, property, or services from an individual or institution, through coercion.
✓ Theft of classified information o classified information is sensitive information to which
access is restricted by law or regulation to particular classes of people. A formal security
clearance is required to handle classified documents or access classified data. The
operation of assigning the level of sensitivity to data is called data classification.

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A variety of internet scams, many based on phishing and social engineering, target consumers and
businesses.

Cyberterrorism
Government officials and information technology security specialists have documented a significant
increase in internet problems and server scans since early 2001. But there is a growing concern
among government agencies such as Federal Bureau of Investigations (FBI) and the Central
Intelligence Agency (CIA) that such intrusions are part of an organized effort be cyberterrorists,
foreign intelligence services, or other groups to map potential security holes in critical systems. A
cyberterrorist is someone who intimidates or coerces government or an organization to advance his
or her political or social objectives by launching a computer-based attack against computers,
networks or the information stored on them.

Cyberterrorism in general can be defined as an act of terrorism committed through the use of
cyberspace or computer resources (Parker 1983). As such, a simple propaganda piece in the internet
that there will be bomb attacks during the holidays can be considered cyberterrorism. There are also
hacking activities directed towards individuals, families, organized by groups within networks, tending
to cause fear among people, demonstrate power, collecting information relevant for ruining peoples’
lives, robberies, blackmailing etc.

Cyber-extortion
Cyber-extortion occurs when a website, e-mail server, or computer system is subjected to or
threatened with repeated denial of service or other attacks by malicious hackers. These hackers
demand money in return for promising to stop the attacks and to offer “protection”. According to the
Federal Bureau of Investigation, cyber-crime extortions are increasingly attacking corporate websites
and networks, crippling their ability to operate and demanding payments to restore their service. More
than 20 cases are reported each month to the FBI and many go unreported in order to keep the
victim’s name out of the public domain. Perpetrators typically use a distributed denial-of-service
attack.

An example of cyberextortion was the attack on Sony Pictures of 2014.

Cyberwarfare
Sailors analyze, detect and defensively respond to unauthorized activity within U.S. Navy information
systems and computer networks.

The U.S. Department of Defense (DoD) notes that the cyberspace has emerged as a nationallevel
concern through several recent events of geo-strategic significance. Among those are included, the
attack on Estonia’s infrastructure in 2007, allegedly by Russian hackers. “In August 2018, Russia
again allegedly conducted cyberattacks, this time in a coordinated and synchronized kinetic and non-
kinetic campaign against the country of Georgia. The December 2015 Ukraine power grid cyberattack
has also been attributed to Russia and is considered the first successful cyberattack on a power grid.
Fearing that such attacks may become the norm in the future warfare among nation-state, the
concept of cyberspace operations impacts and will be adapted by war fighting military commanders in
the future.

Computer as a target
These crimes are committed by a selected group of criminals. Unlike crimes using the computer as a
tool, these crimes require the technical knowledge of the perpetrators. As such, as technology
evolves, so too does the nature of the crime. These crimes are relatively new, having been existence
for only as long as computers have which explains how unprepared society and the world in general
is towards combating these crimes. There are numerous crimes of this nature committed daily on the
internet:

Crimes that primarily target computer networks or devices include:


1. Computer viruses
2. Denial-of-service attacks
3. Malware (malicious code)
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Computer as a tool

Internet fraud, Spamming, Phishing, and Carding (fraud)


When the individual is the main target of cybercrime, the computer can be considered as the tool
rather than the target. These crimes generally involve less technical expertise. Human weaknesses
are generally exploited. The damage dealt is largely phycological and intangible, making legal action
against the variants more difficult. These are the crimes which have existed for centuries in the offline
world. Scams, theft and the likes have existed even before the development in high-tech equipment.
The same criminal has simply been given a tool which increases his potential pool of victims and
makes him all the harder to trace and apprehend.

What does Spamming mean?


Spamming is the use of electronic messaging systems like e-mails and other digital delivery systems
and broadcast media to send unwanted bulk messages indiscriminately. The term spamming is also
applied to other media like in internet forums, instant messaging, and mobile text messaging, social
networking spam, junk fax transmissions, television advertising and sharing network spam.

Crimes that use computer networks or devices to advance other ends include:
✓ Fraud and identity theft (although this increasingly uses malware, hacking or phishing, making
it an example of both “computer as target” and “computer as tool” crime)
✓ Information warfare
✓ Phishing scams
✓ Spam
✓ Propagation of illegal obscene or offensive content, including harassment and threats

Phishing is mostly propagated via email. Phishing emails may contain links to other websites that are
affected by malware. Or, they may contain links to fake online banking or other websites used to steal
private account information.

Phishing is the fraudulent attempt to obtain sensitive information such as usernames, passwords and
credit card details by disguising one self as a trustworthy entity in an electronic communication.
Typically carried out by email spoofing or instant messaging, it often directs users to enter personal
information at a fake website which matches the look and feel of the legitimate site. Phishing is an
example of social engineering techniques being used to deceive users. Users are often lured by
communications purporting to be from trusted parties such as social websites, auction sites, banks,
online payment processors and IT administrators.

Obscene or offensive content


The content of websites and other electronic communications may be distasteful, obscene or
offensive for a variety of reasons. In some instances, these communications may be legal.

The extent to which these communications are unlawful varies greatly between countries, and even
within nations. It is a sensitive area in which the courts can become involved in arbitrating between
groups with strong beliefs.

One area of internet pornography that has been the target of the strongest efforts at curtailment is
child pornography, which is illegal in most jurisdiction in the world.

Online harassment
Various aspects needed to be considered when understanding harassment online.

Whereas, content may be offensive in a non-specific way, harassment directs obscenities and
derogatory comments at specific individuals focusing for example on gender, race, religion,
nationality, sexual orientation. This often occurs in chat rooms, through news groups, and by sending
hate-email to interested parties. Harassment on the internet also includes revenge porn.

These are instances where committing a crime using a computer can lead to an enhanced sentence.
For example, in the case of United States v. Neil Scott, Kramer was served an enhanced sentence
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according to the US Sentencing Guidelines §2G1.3(b)(3) for his use of a cellphone


to “persuade, induce, entice, coerce, or facilitate the travel of, the minor to engage in prohibited
sexual conduct”. Kramer argued that this claim was insufficient because his charge included
persuading through a computer device and his cellular phone technically is not a computer. Although
Kramer tried to argue his point, U.S. Sentencing Guideline Manual states that the term computer
means “an electronic, magnetic, optical, electrochemically, or other highspeed data processing device
performing logical, arithmetic, or storage functions, and includes any data storage facility or
communications facility directly related to or operating in conjunction with such evidence”.

Connecticut was the U.S. state to pass a statue making it a criminal offense to harass someone by
computer. Michigan, Arizona, Virginia, and South Carolina have also passed laws banning
harassment by electronic means.

Harassment as defined in the U.S. computer statutes is typically distinct from cyber bullying in that the
former usually relates to a person’s “use a computer or computer network to communicate obscene,
vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an
obscene nature, or threaten any illegal or immortal act”, while the latter need not involve anything of a
sexual nature.

Although freedom of speech is protected by law in most democratic societies (in the US this is done
by the First Amendment it does not include all types of speech. In fact, spoken or written “true threat”
speech/text is criminalized because of “intent to harm or intimidate”, that also applies for online or any
type of network related threats in written text or speech. The US Supreme Court definition of “true
threat” is “statements where the speaker means to communicate a serious expression of an intent to
commit an act of unlawful violence to a particular individual or group”.

Drug trafficking

Darknet markets are used to buy and sell recreational drugs online. Some drug traffickers use
encrypted messaging tools to communicate with drug mules. The dark web sites Silk Road was a
major online marketplace for drugs before it was shut down by law enforcement (then reopened under
new management, and then shut down by law enforcement again). After Silk Road 2.0 went down,
Silk Road 3 reloaded emerged. However, it was just an older marketplace named Diabolus Market,
that used the name for more exposure from the brand’s previous success.

CATEGORIES OF CYBER CRIME

We can categorize cybercrime in two ways.

1. The computer as a target :- using a computer to attacks other computer, e.g. Hacking,
virus/worms attacks, Dos attack etc.
2. The computer as weapon :- using a computer to commit real world crime e.g. cyber terrorism,
credit card fraud and pornography etc.

Diffusion of cybercrime

The broad diffusion of cybercriminal activities is an issue in computer crimes detection and
prosecution. According to Jean-Loup Richet (Research Fellow at ESSEC ISIS), technical expertise
and accessibility no longer acts as barriers to entry into cybercrime. Indeed, hacking is much less
complex than it was a few years ago, as hacking communities have greatly diffused their knowledge
through the Internet. Blogs and communities have hugely contributed to information sharing:
beginners could benefit from older hackers’ knowledge and advice. Furthermore, hacking is cheaper
than ever: before the cloud computing era, in order to spam or scam one needed a dedicated server,
skills in server management, network configuration and maintenance, knowledge of Internet service
provider standards etc. By comparison, a mail software-as-a service is a scalable inexpensive, bulk,
and transactional e-mail-sending service for marketing purposes and could be easily set up for spam.
Jean-Loup Richet explains that cloud computing could be helpful for cybercriminal as a way to
leverage his attack – brute-forcing a password, improve the reach of a botnet, or facilitating a
spamming campaign.

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Investigation

A computer can be a source of evidence (see digital forensics). Even when a computer is not directly
used for criminal purposes, it may contain value to criminal investigators in the form of a logfile. In
most countries are required, by law, to keep their logfiles for a predetermined amount of time. For
example; a European wide Data Retention Directive (applicable to all EU member states) states that
all E-mail traffic should be retained for a minimum of 12 moths.

Methodology of cybercrime investigation

There are many ways for cybercrime to take place, and investigators tend to start with an IP address
trace, however that is not necessarily a factual basis upon which detectives can solve a case.
Different types high-tech crime may also include elements a low-tech crime, and vice versa, making
cybercrime investigators an indispensable part of modern law-enforcement.
Methodology of cybercrime detective work is dynamic and is constantly improving, whether in close
police units, or in international cooperation framework.

Legislation

Due to easily exploitable laws, cybercriminals use developing countries in order to evade detection
and prosecution from law enforcement. In developing countries, such as the Philippines, laws against
cybercrime is weak or sometimes nonexistent. These weak laws allow cybercriminals to strike form
international borders and remain undetected. Even when identified, these criminals avoid being
punished or extradited to a country, such as the United States, that has developed laws that allow for
prosecution. While this proves difficult in some cases, agencies, such as the FBI, have used
deception and subterfuge to catch criminals. For examples, two Russian hackers had been evading
the FBI for some time. The FBI set up a fake computing company based on Seattle, Washington.
They proceeded to lure the two Russian men into the United States by offering them work with this
company. Upon completion of the interview, the suspects were arrested outside of the building.
Clever tricks like this are sometimes a necessary part of catching cybercriminals when weak
legislation makes it impossible otherwise. President Barack Obama released in an executive order in
April 2015 to combat cybercrime. The executive order allows United States to freeze assets of
convicted cybercriminals and block their economic activity within the United States. This is some of
the first solid legislation that combats cybercrime in this way.

The European Union adopted directive 2013/40/EU. All offenses of the directive, and other definitions
and procedural institutions are also in the Council of Europe’s Convention on Cybercrime.

Penalties

Penalties for computer related crimes in New York State can range from a fine and a short period of
jail time for a Class A misdemeanor such as unauthorized use of a computer up to computer
tampering in the first degree which is a Class C felony and can carry 3 to 15 years in prison.

However, some hackers have been hired as information security experts by private companies due to
their inside knowledge of computer crime, a phenomenon which theoretically could create perverse
incentives. A possible counter to this is for courts to ban convicted hackers from using the internet or
computers, even after they have been released form prison though as computers and the internet
become more and more central to everyday life, this type of punishment may be viewed as more and
more harsh and draconian. However, nuanced approaches have been developed that manage cyber
offender behavior without resorting to total computer or internet bans. These approaches involve
restricting individuals to specific devices which are subject to computer monitoring or computer
searches by probation or parole officers.

Awareness

As technology advances and more people rely on the internet to store sensitive information such as
banking or credit card information, criminals increasingly attempt to steal that information. Cybercrime

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is becoming more of a threat to people across the world. Raising awareness


about how information is being protected and the tactics criminals use to steal that information
continues to grow in importance. According to the FBI’s Internet Crime Complaint Center in 2014
there where 269,422 complaints filed. With all the claims combined there was a reported total loss of
$800,492,073. But cybercrime does not yet seem to be on the average person’s radar. There are 1.5
million cyber-attacks annually, that means that there are over 4,000 attacks a day, 170 attacks every
hour, or nearly three attacks every minute, with studies showing us that only 16% of victims had
asked the people who were carrying out the attacks to stop. Anybody who uses the internet for any
reason can be a victim, which is why it is important to be aware of how one is being protected while
online.

Intelligence

As cybercrime is proliferated, a professional ecosystem has evolved to support individuals and groups
seeking to profit from cybercriminal activities. The ecosystem has become quite specialized, including
malware developers, botnet operators, professional cybercrime groups, groups specializing in the
sale of stolen content, and so forth. A few of the leading cybersecurity companies have the skills,
resources and visibility to follow the activities of these individuals and group. A wide variety of
information is available from these sources which can be used for defensive purposes, including
technical indicators such as hashes of infected filesor malicious IPs/URLs, as well as strategic
information profiling the goals, techniques and campaigns of the profiled groups. Some of it is freely
published, but consistent, on-going access typically requires subscribing to an adversary intelligence
subscription service. At the level of an individual threat actor, threat intelligence is often referred to the
actor’s “TTP”, or “tactics, technique and procedures” as the infrastructure, tools, and other technical
indicators are often trivial for attackers to change.

Computer viruses are forms of code or malware programs that can copy themselves and damage or
destroy data and systems. When computer viruses are used on a large scale, like with bank,
government or hospital networks, these actions may be categorized as cyberterrorism. Computer
hackers also engage in phishing scams, like asking for bank account numbers, and credit card theft.

Stalking Defined

Carrie walks back to her dorm room, but she cannot shake the feeling that she’s being watched. Over
the last two weeks, she has received several blocked calls to her cellphone. Sometimes, she will
answer the calls, and other times she lets it go to voicemail. When she answers, no one speaks, and
whoever it is does not leave a voicemail message. Carrie has also been getting emails to her school
account. The emails tell her that she is pretty, and there will be comments about the pants or shirt she
wore that day. Tonight, Carrie feels she needs to talk to the police because she feels someone is
stalking her.

The definition of stalking is when a perpetrator singles out a specific person and causes the
person emotional distress and causes the individual to fear for his or her life, safety, or safety
of others. A stalker can be a former boyfriend or girlfriend, an acquaintance or stranger.

In order for stalking to be a crime, there has to be two or more occasions of visual or physical
proximity; non-consensual communication, either written or verbal; threats; or a combination of any of
these occasions. In the example, Carrie has had a combination of these occasions and is being
subjected to several types of stalking.

Types of Stalking

Stalking can occur in several forms.

The first type of stalking is when the perpetrator follows an individual and watches them. Maria is
being watched while she is walking back to her home. Her stalker is using surveillance stalking to
track and follow her. With surveillance stalking, the perpetrator is known to sit outside the home, place
of work, school, or other places that the individual usually go to regularly. Along the surveillance
stalking, there is cyber stalking.

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Maria is also a victim of cyberstalking, which is the use of electronic means, such as the internet or
cellphones, to stalk victims. Cyberstalking is also considered unsolicited contact from the perpetrator
to the victim. The difference between cyberstalking and surveillance stalking is that surveillance
stalking is done in a physical sense, and cyberstalking is done through technology and electronic
means. The perpetrator has not made physical contact, so the stalking is not considered aggravated
stalking.

Another type of stalking is aggravated stalking. Aggravated stalking occurs when the perpetrator
restrains the victim, or violates an order of protection. Maria has not had any of these happen to her,
so her stalker is using surveillance stalking and cyberstalking. There are also categories that try to
define each type of stalker.

Types of Stalker

Actions define the type of stalking, but personalities combined with the actions define the type of
stalker:

1. Rejected Stalker – this type of stalker becomes upset when the friendship or romantic
relationship has ended. The rejected stalker is not only self-centered and jealous but also over-
dependent and persistent.
2. Resentful Stalker – the resentful stalker feels humiliated that the relationship has ended and
seeks revenge upon the victim. Resentful stalkers are often irrationally paranoid and are known
to verbally assault their victims.
3. Predatory Stalker – the predatory stalker seeks power and sexual gratification. They will not
make physical contact but will use surveillance to track the victim.
4. Intimacy Seeker – the intimacy seekers stalker seeks an intimate and romantic relationship
with the victim. When the stalker is rejected by the victim, he or she will continually phone the
victim, write the victim letters, and can become jealous and violent if the victim enters into a
relationship with someone else.
5. Incompetent Suitor – the incompetent suitor stalker usually has inadequate social skills. They
want a relationship with the victim but do not have the ability to realize he or she is not meant
to be with the victim.
6. Erotomania and Morbidly Infatuated – this type of stalker feels that the victim loves them
even though they may not have had any contact with the victim. The stalker is usually
paranoid, prefers suitors in a higher social class, and will repeatedly approach the victim.

Cyberstalking is the use of the internet or other electronic means to stalk or harass an individual,
group, or organization. It may include false accusations, defamation, slander and libel. It may also
include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering information that
may be used to threaten, embarrass or harass.

Cyberstalking is often accompanied by real time or offline stalking. In many jurisdictions, such as
California, both are criminal offenses. Both are motivated by a desire to control, intimidate or influence
a victim. A stalker may be an online stranger or a person whom the target knows. They may be
anonymous and solicit involvement of other people online who do not even know the target.

Cyberstalking is a criminal offense under various state anti-stalking, slander, and harassment laws. A
conviction can result in a restraining order, probation, or criminal properties against the assailant,
including jail.

Cyberstalking is a crime in which the attacker harasses a victim using electronic communication, such
as e-mail or instant messaging (IM), or messages posted to a web site or a discussion group. A cyber
stalker relies upon the anonymity afforded by the internet to allow them to stalk their victim without
being detected.
Online harassment, sometimes referred to as “cyber harassment”, usually pertains to threatening or
harassing emails, instant messages, or website entries. … To be considered cyberstalking, the
behavior must pose a credible threat of harm to the victim. All states have anti-stalking laws, but the
legal definitions vary.
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CHAPTER III
The Hacker, Hacking Tactics and The Victim

Who is the hacker? –computer programmer, computer techicians. exepert creating or build
program, and identify the problem

Kenneth lane Thompson and dennis Richie 1960- unex system, multi task

John draper 1971- created the phreaking (tap phone lines without payment)

The 414s 1982- 83 access the websites of government and agencies.

Fever optic- master of deception

Hacking emerged with the invention of computers. The term hacker has a variety of definitions.
Among computer professionals, it is applied to someone who is proficient at software programming,
debugging systems, or identifying vulnerabilities in a given computer, software application, or
computer network. These are valuable skills for computer programmers and computer technicians.
However, “hacker” has taken the negative meaning among the public and in the media. Outside the
computer industry, the term is now generally used to describe a person with these skills who decides
them to apply them toward a damaging or illegal purpose.

A hacker is an individual who uses computer, networking or other skills to overcome a technical
problem. The term hacker may refer to anyone with technical skills, but it often refers to a person who
uses his or her abilities to gain unauthorized access to systems or networks in order to commit
crimes. A hacker may, for example, steal information to hurt people via identity theft, damage or bring
down systems and often, hold those systems hostage to collect ransom.

The term hacker has historically been a divisive one, sometimes being used as a term of admiration
for an individual who exhibits a high degree of skill, as well as creativity in his or her approach to
technical problems. However, the term is more commonly applied to an individual who uses this skill
for illegal or unethical purposes.

There is a community, a shard culture, of expert programmers and networking wizards that traces its
history back through decades to the first time-sharing minicomputers and the earliest ARPAnet
experiments. The members of this culture originated the term ‘hacker’. Hackers built the Internet.
Hackers made the Unix operating system what it is today. Hackers make the World Wide Web work. If
you are part of this culture, if you have contributed to it and other people in it know who you are and
call you a hacker, you’re a hacker.

The hacker mindset is not confined to this software-hacker culture. There are people who apply the
hacker attitude to other things, like electronics and music, actually you can find it at the highest levels
of any science or art. Software hackers recognize these kindred sprits elsewhere and may call them
‘hackers’ too and some claim that the hacker nature is really independent of the particular medium of
the hacker works in.

There is another group of people who loudly call themselves hackers but aren’t. These are people
(mainly adolescent males) who get a kick out breaking into computers and phreaking the phone
system. Real hackers call these people ‘crackers’ and want nothing to do with them. Real hackers
mostly think crackers are lazy, irresponsible, and not very bright, and object that being able to break
security doesn’t make you a hacker any more than being able to hotwire cars makes you an
automotive engineer. Unfortunately, many journalists and writers have been fooled into using the
word ‘hacker’ to describe crackers; this irritates real hackers no end.

The basic difference is this: hackers build things, crackers break them.

Types of Hackers

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The security community has informally used references to hat color as a way different types of hacker
are identified, usually divided into three types.

1. White hat
2. Black hat
3. Gray hat

White hat hackers, also known as ethical hackers, authorize hackers. strive to operate in the public’s
best interest, rather than to create turmoil. Many white hat hackers work doing penetration, hired to
attempt to break into the company’s networks to find and report on security vulnerabilities. The
security firms then help their customers mitigate security issues before criminal hackers can exploit
them. Penetration testing

Black hat hackers intentionally gain unauthorized access to networks and systems with malicious
intent, whether to steal data, spread malware or profit form ransomware, vandalize or otherwise
damage systems or for any other reason including gaining notoriety. Black hat hackers are criminals
by definition because they violate laws against accessing systems without authorization, but they may
also engage in other illegal activity, including identity theft and distributed denial-of-service attacks.
Unauthorized hackers- this are crackers

Gray hat hackers fall somewhere between white hat hackers and black hat hackers. While their
motives maybe similar to those of white hat hackers, gray hats are more likely than white hat hackers
to access systems without authorization; at the same time, they are more likely than black hat hackers
to avoid doing unnecessary damage to the systems they hack. Although they aren’t typically-or only-
motivated by money, gray hat hackers may offer to fix vulnerabilities they have discovered through
their own, unauthorized, activities rather than using their knowledge to exploit vulnerabilities for illegal
profit. Minsan white minsan black.

Hackers of all types participate in forums to exchange hacking information and tradecraft. There are a
number of hacker forums where white hat hackers can discuss or ask questions about hacking. Other
white hat forums offer technical guides with step-by-step instructions on hacking.

Forums and marketplaces serving black hat hackers are often hosted on the dark web, and offer black
hat hackers with an outlet for offering, trading and soliciting illegal hacking services.

Criminal hackers, who sometimes lack their own technical skills, often use scripts and other
specifically designed software programs to break into corporate networks. This software may
manipulate network data network connection to gather intelligence about the workings of the target
system.

These scripts can be found posted on the internet for anyone, usually entry-level hackers, to use.
Hackers with limited skills are sometimes called script-kiddies, referring to their need to use malicious
scripts and their inability to create their own code. Advanced hackers might study these scripts and
then modify them to develop new methods.

RED HAT HACKERS- SIMILAR TO ETHICAL HACKERS, THESE RET HAT HACKERS, INTENDED
TO FIGHT BLACK HACKERS- ILLEGAL WAY

BLUE HAT HACKERS- REVENGE

HACKTIVIST- POLITACALLY MOTIVATED


\
GREEN HAT HACKERS- SCRIPT KIDDIES

The Hacker Attitude

1. The world is full of fascinating problems waiting to be solved.

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2. No problem should ever have to be solved twice.


3. Boredom and drudgery are evil.
4. Freedom is good.
5. Attitude is no substitute for competence.

Hackers solve problems and build things, and they believe in freedom and voluntary mutual help. To
be accepted as a hacker, you have to behave as though you have this kind of attitude yourself. And to
behave as though you have the attitude, you have to really believe the attitude.

But if you think of cultivating hacker attitudes as just a way to gain acceptance in the culture, you’ll
miss the point. Becoming the kind of person who believes these things is important for you for helping
you learn and keeping you motivated. As with all creative arts, the most effective way to become a
master is to imitate the mind-set of masters not just intellectually but emotionally as well.

Unethical hacking can be called an illegal activity to get unauthorized information by modifying a
system’s features and exploiting its loopholes. In this world where most of the things happen online,
hacking provides wider opportunities for the hackers to gain unauthorized access to the unclassified
information like credit card details, email account details, and other personal information.

Hacking techniques that are commonly used to get your personal information in an
unauthorized way.

Hacking techniques

1. Bait and switch

Using bait and switch hacking technique, an attacker can but advertising spaces on the
websites. Later, when a user clicks on the ad, he might get directed to a page that’s infected
with malware. This way, they can further install malware or adware on your computer. The ads
and download links shown in this technique are very attractive and users are expected to end
up clicking on the same. CLICK AND INSTALL.

2. Cookie theft

The cookies of a browser keep our personal data such as browsing history, username, and
passwords for different sites that we access. Once the hacker gets the access to your cookie,
he can even authenticate himself as you on a browser. A popular method to carry out his
attack is to encourage a user’s IP packets to pass through attacker’s machine.

Also known as SideJacking or Session Hijacking, this attack is easy to carry out if the user is
not using SSL (https) for the complete session. On the websites where you enter your
password and banking details, it’s of utmost importance for them to make their connections
encrypted.
SIDE JACKING, SSL- SECURE SACKEST PLAYER-DIGITAL CERTIFICATE
3. ClickJacking Attacks

ClickJacking is also known by a different name, UI Redress. In this attack, the hacker hides the
actual UI where the victim is supposed to click. This behavior is very common in app
download, movie streaming, and torrent websites. While they mostly employ this technique to
earn advertising dollars, others can use it to steal your personal information.

In another word, in this type of hacking, the attacker hijacks the clicks of the victim that aren’t
meant for the exact page, but for a page where the hacker wants you to be. It works by fooling
an internet user into performing an undesired action by clicking on hidden link.

4. Virus, trojan etc.

Virus or trojans are malicious software programs which get installed into the victim’s system
and keeps sending the victims data into the hacker. They can also lock your files, serve fraud
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advertisement, divert traffic, sniff your data or spread on all the computer
connected to your network.

5. Phishing

Phishing is a hacking technique using which a hacker replicates the most-accessed sites and
traps the victim by sending that spoofed link. Combined with social engineering, it becomes
one of the most commonly used and deadliest attack vectors.

Once the victim tries to login or enters some data, the hacker gets that private information of
the target victim using the trojan running on the fake site. Phishing via iCloud and Gmail attack
was the attack route taken by the hackers who targeted the “Frappening” leak, which involved
numerous Hollywood female celebrities.

6. Eavesdropping (Passive Attacks) MONITOR JUST GET INFORMATION

Unlike other attacks which are active in nature, using a passive attack, a hacker just monitors
the computer systems and networks to gain some unwanted information.

The motive behind eavesdropping is not to harm the system but to get some information
without being identified. These types of hackers can target email, instant messaging services,
phone calls, web browsing, and other methods of communication. Those who indulge in such
activities are generally black hat hackers, government agencies, etc.

7. Fake WAP –WIRELESS APPLICATION PROTOCOL

Even just for fun a hacker can use software to fake a wireless access point. This WAP connect
to the official public place WAP. Once you connected the fake WAP, a hacker can access your
data, just like in the above case.

It’s one of the easier hacks to accomplish and one just needs a simple software and wireless
network. Anyone can name their WAP as some legit name like “Heathrow Airport WiFi” ore
“Starbucks WiFi” and start spying on you. One of the best ways to protect yourself from such
attack is using a quality VPN service.

8. Waterhole attacks

If you are a big fan of Discovery or National Geographic channels, you could relate easily with
the waterhole attacks. To poison a place, in this case, the hacker hits the most accessible
physical point of the victim.

For example, if the source of a river is poisoned. It will hit the entire stretch of animals during
summer. In the same way, hackers target the most accessed physical location to attack the
victim. That point could be a coffee shop, a cafeteria, etc.

Once hackers are aware of your timings using this type of hacking, they might create a fake
WiFi access point and modify your most visited website to redirect them to you to get your
personal information. As this attack collects information on a user from a specific place,
detecting the attacker is even harder. One of the best ways to protect yourself against such
type of hacking attacks is to follow basic security practices and keep your software/OS
updated.

9. Denial of Service (DoS\DDoS)

a Denial of Service attack is a hacking technique to take down a site or server by flooding that
site or server with a lot of traffic that the server is unable to process all the requests in the real
time and finally crashes down. This popular technique, the attackers flood the targeted
machine with tons of requests to overwhelm the resources, which, in turn, restrict the actual
requests from being fulfilled.
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For DDoS attacks, hackers often deploy botnets or zombie computers which have got the only
work to flood your system with request packets. With each passing year, as the malware and
types of hackers keep getting advanced, the size of DDoS attacks keeps getting increased.
MORE THAN 1 COMPUTER

10. Keylogger

Keylogger is a simple software that records the key sequence and strokes of your keyboard
into a log file on your machine. These log files might even contain your personal email IDs and
passwords. Also known as keyboard capturing, it can be either software or hardware. While
software-based keyloggers target the programs installed on a computer, hardware devices
target keyboards, electromagnetic emissions, smartphone sensors, etc.

Keylogger is one of the main reasons why online banking sites give you an option to use their
visual keyboards. So, whenever you’re operating a computer in public setting, try to take extra
caution.

FAMOUS HACKER
ANNONYMOUS GROUP-
JONATHAN JAMES- NASA
ADRIAN LAMO- NEW YORK TIMES , YAHOO
KEVIN MITNICK- MOST WANTED FBI, HELP ORGANIZATION

Hacker vs. Cracker

The term hacker was first used in 1960s to describe a programmer or an individual who, in an era of
highly constrained computer capabilities, could increase the efficiency of computer code in a way that
removed, or “hacked”, excess machine-code instructions from a program. It has evolved over the
years to refer to a person with an advanced understanding for computers, networking, programming
or hardware.

For many in technology, the term hacker is best applied to those who use their skills without malicious
intent, but over time the term has been applied to people who use their skills maliciously. To counter
the trend of labeling skillful technologies as criminals, the term cracker was proposed for criminal
hackers, with the intention of removing the stigma from being labeled a hacker.

Within the hacker-cracker framework, hackers are those who seek to identify flaws in security systems
and work to improve them, including security experts tasked with locating and identifying flaws in
systems and fixing those vulnerabilities. Crackers, on the other hand, are intent on breaching
computer and network security to exploit those flaws for their own gain.

While technologists have promoted use of the term cracker over the years, the distinction between
differently motivated hackers is more commonly referenced by the use of white hat, gray hat or black
hat. In general use, cracker hasn’t found much traction.

Famous Hackers

While many famous technologists have been considered hackers, including Donald Knuth, Ken
Thompson, Vinton Cerf, Steve Jobs and Bill Gates, black hackers are more likely to gain notoriety as
hackers in mainstream accounts. Gates was also caught breaking into corporate systems as a
teenager before founding Microsoft.

Risk management typically falls into 8 areas:

1. Avoidance – take a close look at want information you store and what you need to store.

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For example, 1-2 years after a purchase maybe you don’t need the credit card
number anymore and can blank it out with a permanent marker but still keep the receipt in
case of a tax audit.
2. Prevention – I think this self-explanatory, prevent access to data, prevent the removal of data
from business, etc.
3. Reduction – reduce a loss of it does occur. Take measure like placing limits on the amount that
can be withdrawn from a bank account at any time.
4. Separation – separate names from credit card numbers whenever possible. Separate user
names from passwords (store them in a separate databases). Separate customer data from
the internet by only accessing it on a computer that doesn’t have an internet connection or
email account.
5. Duplication – you actually want to reduce the duplication of customer data as the less
duplicates the less chances of theft but you may want to duplicate firewalls, etc.
6. Transfer – this is the biggest one, transfer the risk of storing credit card data to a thirdparty
processor like PayPal or your bank. Let them take the risk of storing credit cards. Also,
insurance is a form of transfer as you are transferring your risk to the insurer.
7. Retention – as a last resort, be aware of the risk be risk your face but if you cannot effectively
manage it you must retain it or avoid it (by not engaging in business).

Cyber crime tactics: how to avoid becoming the victim

Cybercrime is on the rise, affecting millions of consumers and organizations all over the world.
Graham Day, author of December’s Book of the month, Security in the Digital World, says:
“Attackers are slowly discovering all the ways that devices can be used to attack others. As this
knowledge develops, the number and sophistication of attacks also increase”.

It’s important to be aware of the tactics cyber criminals use and how you can protect yourself.

How do cyber criminals attack?

Three methods that cyber criminals use to attack as defines Security in the Digital World:

1. Social engineering: the attacker tries to you into giving them either your information, or
access to your computer so that they can get the information themselves.
2. Malware: Malware is malicious software that will damage or harm your computer, network or
information with the sole intent of infecting your system.
3. Ransomware: Petya, Wanna Cry and Not Petya are all strains of ransomware that affected
the computer systems of organizations worldwide. Ransomware is a type of malware that is
delivered by social engineering and blocks access to the information stored on your
device/system.
These methods may be used on their own, or you could fall victim to an attack that uses a
combination. The attacker uses more than one type of communication to make you more confident
that you are not being duped or manipulated.

How to protect yourself from cybercrime


There are some basic precautions everyone using the internet should take to protect themselves from
the gamut of cybercrimes out there:
1. Use a full-service internet security suite such as Norton Security Premium to ensure that you
are protecting yourself against viruses, as well as other emerging threats on the internet.
2. Use strong passwords, don’t repeat your passwords on different sites and make sure to
change your passwords regularly. A password management application can help you to keep
your passwords locked down.
3. Keep all your software updated. This is most important with your operating systems and
internet security sites. Hackers are most likely to use known exploits in your software to gain
access to your system. Patching those exploits makes it far less likely that you’re going to be a
victim.

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4. Manage your social media settings to keep most of your personal and private
information locked down. Social engineering cybercriminals can often get your personal
information with just a few data points, so the less you share with the broader world, the better.
5. Secure your home network with a strong encryption password as well as a VPN. A VPN will
encrypt all traffic leaving your devices until it arrives at its destination. Even if a hacker
manages to get in your communication line, they won’t intercept anything but encrypted traffic.
6. Talk to your children about acceptable use of the internet without shutting down communication
channels. Make sure they know that they can come to you in the event that they’re
experiencing any kind of online harassment, bullying or stalking.
7. Keep up to date on major security breaches. If you have an account on a site that’s been
impacted by a security breach, find out what the hackers know and change your password
immediately.
8. If you believe that you’ve become a victim of a cybercrime, you need to alert the local police
and other law enforcement agencies who are also involved in the investigation of cybercrimes.
Even if the crime seems minor this is important, as you are helping to prevent criminals from
taking advantage of other people in the future.
Every citizen of a country has an obligation to do their part in the fight against cybercrimes. For most
people, that just means following a few simple, common-sense steps to keep you and your family
safe, as well as reporting cybercrimes to the relevant officials at the appropriate time.
When you do that, you’re pulling your weight in the war on cybercrime.

COMPUTER CRIMES
 Criminal activities involving a computer
NET-CRIME
 Criminal use of the internet
CYBER-CRIMES
 Offenses that are committed against individuals or groups of individuals with criminal motive to
intentionally harm the reputation of the victim or cause physical or mental harm using modern
telecommunication.
 An illegal activity that uses a computer as its primary means of function
 Any illegal activity that uses computer for the storage of evidence (US DOD)
 Offenses including criminal activity against data, infringement of content and copyright,
fraud, unauthorized access, child pornography and cyber-stalking

ENCIRONMENTAL LAW: THE PERSPECTIVE


1.INTEGRATED ENVIRONMENTAL STRATEGIES
 Internal and external integration of environmental cares
2.INTERNAL ENVIRONMENTAL STRATEGIES
 Indirect guidance of environmental care
3.INTERNATIONAL ENVIRONMENTAL STRATEGIES
 Link national, multinational and international environmental laws

THE COMPUTER AND THE INTERNET


 To solved number-crunching crisis
CHARLES BABBAGE
 Analytical engine (19TH century)
DR. JOHN V ATANASOFF AND CLIFFORD BERRY (1937)
 Atanasoff-berry computer (ABC)
 First electronic digital computer
COLOSSUS (1943)
 Build for military
 CREATED BY ENGINER TOMMY FOWLER
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ELECTRONIC NUMERICAL INTEGRATTOR AND COMPUTER (ENIAC) (1946)


 First general purpose of computer (processing)
UNIVERSAL AUTOMATIC COMPUTER (UNIVAC 1) (1951)
 First computer for commercial use

INTERNATIONAL BUSINESS MACHINE (IBM) (1953)


 Made their mark in the computer world, made 650 AND 700 series of computers

MICROSOFT DISK OPERATING SYSTEM (MS-Dos) (1980)


IBM (1981)
 Introduced PERSONAL COMPUTER (PC)

INVENTION OF INTEGRATED CIRCUIT


1984 -Apple gave macintosh
90’s -Windows operating system

COMPUTER
 Works with software programs that are sent to its underlying hardware architecture for reading, interpretation
and execution.
 Electronic device that accepts data, stores and processes data into information

COMPUTER FUNDAMENTAL
1. HARDWARE
2. SOFTWARE
3. INPUT
4. OUTPUT
DATA
 Raw facts that the user enters into the computer (INPUT)

THREE GENERAL CATHEGORIES OF COMPUTERS

1.SUPERCOMPUTER (2017)
 Fastest, largest and most powerful and most expensive computer
 Measured in flops (floating point operation per seconds) 10 to the 17 th power flops per second
 MIPS (millions of instructions per second)

2.MAINFRAME COMPUTER
 Big iron
 Primarily used for critical applications like bulk data processing “census”

3.PERSONAL COMPUTER
 Multipurpose computer for individual use

MAIN TYPES OF PERSONAL COMPUTERS


1.MACINTOSH (MACS)
2.PC COMPATIBLES (PC)
ADDITIONAL TYPE OF PC
 MOBILE COMPUTER
Notebook or laptop computer
 HANDHELD COMPUTER
 Small PC that can be hold with one hand

COMPUTER HARDWARE
 Electronic and mechanical parts of the computer (hardware)
 Includes input devices, output devices, system unit, storage devices and communication devices (hardware)

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INPUT DEVICES
 Any hardware component that allows the user enter data into the computer
 Keyboard
 Mouse
 Scanner
 Microphone
 Digital camera
 PC video camera
OUTPUT DEVICES
 Any hardware component that gives information to the user
 Monitor
 Printer
 Speaker
COMPUTER SOFTWARE
 Programs
 Instructions that tell the computer what o do and how to do it

TWO MAIN CATEGORIES OF SOFTWARE


1. SYSTEM SOFTWARE
 Operating system (OS) that actually runs the computer
 Controls all the operations of the computer and its devices
 Without operating system the application system will not work
2. APPLICATION SOFTWARE
 Specific task on the computer
MOST COMMON:
Operating System of PC
 Windows Operating System

Mac Computers
 Mac Operating System

FOUR EXAMPLES OF COMMON APPLICATION SYSTEM


1.WORD PROCESSING APPLICATION - allows us to create document
2.SPREADSHEET APPLICATION - allows us to create charts and easy calculations
3.E-MAIL APPLICATION - allows us to receive and send emails
4.INTERNET APPLICATION - allows us to connect with the internet

STORAGE MEDIA
 Keeps data, information and instruction for use in the future. To keep software.

WRITING
 The process of saving the file

READING
 Open the file I saved

COMMON STORAGE MEDIA


1. HARD DRIVE (storage media of the computer)
2. FLOPP DISK
3. CD & DVD & blue ray disk
4. USB FLASH DRIVE
COMPUTER CARE
 Keep dust away
 Keep food away
 Use clean hands
 Treat with respect
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 Keep off
 Stop virus attack
 Handle with care
SPUTNIK 1 by soviets
 Beachball sized(23 inches sphere)
 Word internet was invented (1962)
 First artificial satellite

AT and T monopoly
 Picturephone of 1939 show again in the New York’s Fair in 1946

ADVANCED RESEARCH PROJECT AGENCY (ARPA)


 Future-oriented funder high-risk, high-gain research
 Team up with national aeronautics and space administration
 Regain US technical superiority
 Involved in the design of Intercontinental ballistics missile (ICBM)
 Create information technology processing office (ITPO) to work on the communication problem

ARPANET
J.C.R. LICKLIDER
 Communication network active in the US in the event of a nuclear attack
 ARPANET connecting computers to keep communications network active

BOLT, BERANEK AND NEWMAN (BBN)


 Early form of routing devices known as INTERFACE MESSAGE PROCESSORS (IMP’s) -ROUTERS
 Adopted the TRANSMISSION CONTROL PROTOCOL (TCP) in 1983 and separate MILITARY NETWORK (MILNET)

NATIONAL SCIENCE FOUNDATION NETWORK (NSFNET)


 Connect university computer science department in across the US
 Modified it acceptable use policy for commercial use.

TIM BERNERS-LEE
 European Organization for Nuclear Research (CERN)
 Created hypertext transfer protocol(https)
 Father of the World Wide Web

VINT CERF
 Father of the Internet
 Co-designer of the TCP(transmission control protocol)/IP(internet protocol) protocols and the architecture of the
internet (Pres. Bill Clinton)
 US national medal technology

ROBERT E. KHAN
 Co-designer of VINT CERT and developing internet

MICHAEL BAUER
 Original owner of internet organization

MARK ZUCKERBURG
 Founder and owner of facebook
 Discovered what became of his treasured domain like anyone else

INTERNET
 “the net”
 Worldwide system of computer networks
 Means of connecting a computer to another computer anywhere in the world via dedicated router or server

NETWORK
 Net for short
 Clusters of computers linked together so that they can send data to each other

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ADVANCED RESEARCH PROJECTS AGENCY’S WIDE AREA


NETWORK (ARPANET)
 Established by US DOD
 Collaborating military research among business and government laboratories

DIFFERENT TYPES OF INTERNET CONNECTIONS


1.DIAL-UP (ANALOG 56K)
 Access is cheap but slow
 A modern connects to the internet after the computer dials a phone number

2.DSL (DIGITAL SUBSCRIBER LINE)


 uses the same physical cable for telephone and data transmission.
 No need to dial a phone number

There is also no need to dial a phone number to connect


3.CABLE
 internet connection through a cable modem and operates over cable TV lines

4.WIRELESS
 Wireless or Wi-Fi as name suggests, does not use telephone lines or cables to connect to the internet.
 It uses radio frequency.

5.SATELLITE
 Satellite access the internet via a satellite in Earth’s orbit.
 The enormous distance that a signal travels from earth to satellite and back again, provides a delayed
connection compared to cable and DSL

6.CELLULAR
 Provides wireless internet access through cellphones

CYBERCRIME
 an activity done using computers and internet.
 We can say that it is an unlawful act wherein the computer either as a tool or target or both.
 any crime that takes place online or primarily online

HISTORY OF CYBERCRIME
1820
 firsts recorded cybercrime took place because of JOSEPH MARIE JACQUARD

ABACUS
 the earliest form of a computer, has been around since 3500 B.C. In India, Japan ang China.

1976
first spam e-mail took place

GARY THURK
 when it was sent out over the ARPANT.
 FATHER OF SPAM
 USED COMPUER TO PROMOTE INTERVENTION THROUGH EEMAIL

1982
 The first virus was installed on an Apple computer when Rich Skrenta, (developed the EIK Cloner)

CYBERCRIME
 first started with hackers trying to break into computer networks
 is a crime as long as the penal codes and any other legislation clearly stipulate it as involving not only the use of
computers but the use of computers as the center component.

DONN B. PARKER
 founder and the father of the knowledge of computer crimes

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 Senior Computer Security Consultant at the SRI International (Stanford Research Institute)
 was the main author of the first basic federal manual for law enforcement in the USA: “Computer Crime – Criminal
Justice Resource Manual” (1979).
 This manual became soon an encyclopedia also for law enforcement outside US.

DEVELOPMENT OF COMPUTER CRIME AND CYBERCRIME

1960’S
Physical damage to computer and stored data

1970’s
Manual to computer-operated transaction led to another new form of crime computer-related crime

1980’s
Software piracy and crimes related to patents

1990’s
Electronic crimes into transnational crimes

21st century
Highly sophisticated methods of committing crimes

TRANSISTOR -BASED COMPUTER SYSTEMS


 smaller and less expensive than vacuum tube-based machines

CYBERCRIME
 illegal activity conducted on a computer.

CYBERCRIME OR COMPUTER-ORIENTED CRIME


 involves a computer and a network. The computer may have been used in the commission of a crime, or it may be
the target.

CYBERCRIMES
 Offenses 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, or loss, to the victim directly or indirectly, using
modern telecommunication networks such as Internet (networks including but not limited to chat rooms, emails,
notice boards and groups) and mobile phones (Bluetooth/SMS/MMS)”
 threaten a person or a nation’s security and financial health

DEBARATI HALDER AND K. JAISHANKAR FURTHER


 cybercrime against women’ as “Crimes targeted against women with a motive to intentionally harm the victim
psychologically and physically, using modern telecommunication networks such as internet and mobile phones”

CYBERWARFARE
Cybercrimes crossing international borders and involving the actions of at least one nation start
is a criminal act in which a computer is used as a principal tool. In that matter, the theft of

DON GOTTERNBARN
There is nothing special on the crimes that happen to involve computers.

FORESTER AND MARRISON


cybercrime is a criminal act in which a computer is used as a principal tool.

ROY GIRASA (2002)


Generic term covering the multiplicity of crime found in penal code or in legislation

TWO CATEGORIES OF CYBERCRIME


1.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
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2.Cybercrime in a broader sense (computer-related crime)


Any illegal behavior directed 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 computer
system or network.

COMPUTER CRIME HAS TWO ELEMENTS:


1. COMPUTER
2. CRIME

CYBERSECURITY AND CYBERCRIME


CYBERSECURITY
 to ensure the attainment and maintenance of the security properties of the organization and user’s assets
against relevant security risks in the cyber environment.
 involves protection of sensitive personal and business information through prevention, detection and response
to different online attacks.
 actually preventing the attacks
 collection of tools, policies, security concepts, security safeguards, guidelines, risk management approaches,
actions, trainings, best practices, assurance and technologies that can be used to protect the cyber environment
and organization and user’s assets

ADVANTAGES OF CYBERSECURITY
The cyber security will defend us from critical attacks.
1. It helps us to browse the site, website.
2. Internet Security process all the incoming and outgoing data on your computer.
3. It will defend us from hacks and viruses.
4. Application of cyber security used in our PC needs update every week.

SAFETY TIPS TO CYBER CRIME


1. Use antivirus software
2. Insert Firewalls
3. Uninstall unnecessary software
4. Maintain backup
5. Check security settings

CYBERSECURITY STRATEGIES
the development of technical protection systems or the education or users to prevent them
from becoming victims of cybercrime can help to reduce the risk of cybercrime.

WORLD SUMMIT ON THE INFORMATION SOCIETY(WSIS)


 Created agency which is the international telecommunication union(ITU)
 global security agenda(GCA) “program”

FIVE WORK AREAS:


1. Legal
 Creating updating policies laws
2. Technical
 Create framework. protocols
3. Organizational
 Prevention/detection/protection of information
4. Capacity building
 To inform other and educate other
5. Cooperation
 International cooperation
TYPOLOGY OF CYBER CRIME

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1.Offences against the confidentiality, integrity, and availability of computer data and
systems, such as illegal access, illegal interception, data interference, system interference, and
misuse of devoice;
2. Computer-related offenses, such as computer-related forgery and computer-related fraud;
3. Content-related offenses, such as offenses related to child pornography; and
4. Copyright-related offenses, such as offenses related to copyright infringement and related rights
TYPES OF CRIMES
1.FINANCIAL CRIMES
Credit Card Fraud; Money Laundering
2.CYBER PORNOGRAPHY
Pornographic Websites; Online Distribution
3.ONLINE GAMBLING
Millions of websites, all hosted on servers abroad, offer online gambling
4.IP CRIMES (INTELLECTUAL PROPERTY)
Software Piracy Copyright Infringement; Trademarks Violations; Theft of Computer Source
Code.
5.EMAIL SPOOFING
A spoofed email is one that appears to originate from one source but actually has been sent
from another source.
6.CYBER DEFAMATION
This occurs when defamation takes place with the help of computers and/or the internet.
7. CYBER STALKING
This involves following a person’s movements across the internet by posting messages on
bulletin boards frequented by the victim, entering chat-rooms frequented by the victim, constantly
bombarding the victim with emails
8. UNAUTHORIZED ACCESS
Also known as hacking. Involves gaining access illegally to a computer system or network and
in some cases making unauthorized use of this access.
Hacking is also the act by which other forms of cyber-crime are committed.
9. THEFT
Theft of any information contained in electronic from such as the stored in computer hard disks,
removal storage media, etc. Can extend to identity theft.
10. EMAIL BOMBING
This refers to sending a large number of emails to the victim resulting in the victim’s email
account or mail servers crashing.
11.SALAMI ATTACKS
These attacks are often used in committing financial crime and are bases on the idea that an
alteration, so insignificant, would go completely unnoticed in a single case.
Bank employee inserts a program, into the bank’s servers, that deducts a small amount of
money from the account of every customer. This unauthorized dept is likely to go unnoticed by an
account holder.
12. DENIAL OF SERVICE (DNS) ATTACK
This involved flooding a computer resource with more requests than it can handle, causing the
resource to crash thereby denying authorized users the service offered by the resource.
Distributed Denial of Service (DDoS) attack
wherein the perpetrators are many and are geographically widespread. It is very difficult to
control such attacks and is often used in acts of civil disobedience.
13. VIRUS/WORM
Viruses are programs that attach themselves to a computer or a file and then circulate
themselves to other files and to other computers on a network. They usually affect the data on a
computer, either by altering or deleting it.
Worms, unlike viruses do not need the host to attach themselves to. They merely make
functional copies of themselves and do this repeatedly till they eat up all the available space on a
computer’s memory.
14. LOGIC BOMBS

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These are event dependent programs where programs kick into action only
when a certain event occurs. Some viruses may be termed logic bombs because they lie dormant
throughout the year and become active only on a particular
15. TROJAN ATTACKS
An unauthorized program which functions from inside what seems to be an authorized
program, thereby concealing what it is actually doing.
16. WEB JACKING
This occurs when someone forcefully takes control of a website (by cracking the password and
later changing it).
17. CYBER-TERRORISM
Hacking designed to cause terror. Like conventional terrorism, ‘terrorism” is utilizes hacking to
cause violence against persons or property, or at least cause enough harm to generate fear.
CLASSIFICATION OF COMPUTER CRIMES
1.FINANCIAL FRAUD CRIMES
financial fraud can be broadly defined as an intentional act of deception involving financial
transactions for purpose of personal gain. Fraud is a crime, and is also a civil law violation.
2.INTERNET FRAUD
means trying to trick or scam someone else using the internet. This usually means that the
person who is being tricked loses money to the people scamming them. Internet fraud can take place
on computer programs such as chat rooms, e-mail, message boards, or web sites.
3.COMPUTER FRAUD
is any dishonest interpretation of fact intended to let another to do or refrain from doing
something which causes loss. In this context, the fraud will result in obtaining a benefit by:
a. Altering in an unauthorized way. This requires little technical expertise and is a common form of
theft by employees altering the data before entry or entering false data, or by entering unauthorized
instructions or using unauthorized processes;
b. Altering, destroying, suppressing, or stealing output, usually to conceal unauthorized transactions.
This is difficult to detect;
c. Altering or deleting stored data;
4.Other forms of fraud may be facilitated using computer systems, including:
 BANK FRAUD
is the of potentially illegal means to obtain money, assets, or other property owned or held by a
financial institution, or to obtain money from depositors by fraudulently posing as a bank or other
financial institution.
considered a white-collar crime.
 CARDING
form of credit card fraud in which a stolen credit card is used to charge prepaid cards.
 IDENTITY THEFT
also known as identity fraud
is a crime in which an imposter obtains key pieces of personally identifiable information, such
as Social Security or driver’s license numbers, in order to impersonate someone else.

EXTORTION
also called shakedown, outwrestling and exaction
is a criminal offense of obtaining money, property, or services from an individual or institution,
through coercion.

CYBERTERRORIST
someone who intimidates or coerces government or an organization to advance his or her
political or social objectives by launching a computer-based attack against computers, networks or the
information stored on them.

CYBERTERRORISM
as an act of terrorism committed through the use of cyberspace or computer resources

CYBER-EXTORTION
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when a website, e-mail server, or computer system is subjected to or threatened


with repeated denial of service or other attacks by malicious hackers
hackers demand money (Sony Pictures of 2014.)

CYBERWARFARE
the attack on Estonia’s infrastructure in 2007, allegedly by Russian hackers.
“In August 2018, Russia again against the country of Georgia
The December 2015 Ukraine power grid cyberattack has also been attributed to Russia (first
successful cyberattack)

COMPUTER AS A TARGET
Unlike crimes using the computer as a tool, these crimes require the technical knowledge of the
perpetrators
require the technical knowledge

CRIMES THAT PRIMARILY TARGET COMPUTER NETWORKS OR DEVICES INCLUDE:


1. Computer viruses
2. Denial-of-service attacks
3. Malware (malicious code)

COMPUTER AS A TOOL
Internet fraud, Spamming, Phishing, and Carding (fraud)
When the individual is the main target of cybercrime
involve less technical expertise

SPAMMING
use of electronic messaging systems like e-mails and other digital delivery systems and broadcast
media to send unwanted bulk messages indiscriminately.

CRIMES THAT USE COMPUTER NETWORKS OR DEVICES TO ADVANCE OTHER ENDS


INCLUDE:
✓ Fraud and identity theft (although this increasingly uses malware, hacking or phishing, making it an
example of both “computer as target” and “computer as tool” crime)
✓ Information warfare
✓ Phishing scams
✓ Spam
✓ Propagation of illegal obscene or offensive content, including harassment and threats

PHISHING
mostly propagated via email.
Phishing emails may contain links to other websites that are affected by malware.
the fraudulent attempt to obtain sensitive information such as usernames, passwords and
credit card details by disguising one self as a trustworthy entity in an electronic communication
example of social engineering techniques being used to deceive users.

OBSCENE OR OFFENSIVE CONTENT


The content of websites and other electronic communications may be distasteful, obscene or
offensive for a variety of reasons.

ONLINE HARASSMENT
content may be offensive in a non-specific way, harassment directs obscenities and derogatory
comments at specific individuals focusing

HARASSMENT
defined in the U.S. computer statutes is typically distinct from cyber bullying in that the former
usually relates to a person’s “use a computer or computer network to communicate obscene, vulgar,

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profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of


an obscene nature, or threaten any illegal or immortal act”

DRUG TRAFFICKING
DARKNET MARKETS are used to buy and sell recreational drugs online
The DARK WEB SITES SILK ROAD was a major online marketplace for drugs before it was shut
down by law enforcement.
After Silk Road 2.0 went down, Silk Road 3 reloaded emerged.

DIABOLUS MARKET(Silk Road 3 reloaded), that used the name for more exposure from the
brand’s previous success.

CATEGORIES OF CYBER CRIME


WE CAN CATEGORIZE CYBERCRIME IN TWO WAYS:
1. THE COMPUTER AS A TARGET :- using a computer to attacks other computer,
2. THE COMPUTER AS WEAPON :- using a computer to commit real world crime
STALKING
when a perpetrator singles out a specific person and causes the person emotional distress and
causes the individual to fear for his or her life, safety, or safety of others.
TYPES OF STALKING
1.SURVEILLANCE STALKING
when the perpetrator follows an individual and watches them
2.CYBERSTALKING
also considered unsolicited contact from the perpetrator to the victim
use of electronic means, such as the internet or cellphones, to stalk victims
3.AGGRAVATED STALKING
occurs when the perpetrator restrains the victim, or violates an order of protection.

TYPES OF STALKER
1.REJECTED STALKER
this type of stalker becomes upset when the friendship or romantic relationship has ended.
self-centered and jealous also over-dependent and persistent.
2.RESENTFUL STALKER
the resentful stalker feels humiliated that the relationship has ended and seeks revenge upon
the victim. Resentful stalkers are often irrationally paranoid and are known to verbally assault their
victims.
3.PREDATORY STALKER
the predatory stalker seeks power and sexual gratification. They will not make physical contact but
will use surveillance to track the victim.
4.INTIMACY SEEKER
the intimacy seekers stalker seeks an intimate and romantic relationship with the victim. When the
stalker is rejected by the victim, he or she will continually phone the victim, write the victim letters, and
can become jealous and violent if the victim enters into a relationship with someone else.
5.INCOMPETENT SUITOR
the incompetent suitor stalker usually has inadequate social skills. They want a relationship with
the victim but do not have the ability to realize he or she is not meant to be with the victim.
6.EROTOMANIA AND MORBIDLY INFATUATED
this type of stalker feels that the victim loves them even though they may not have had any
contact with the victim. The stalker is usually paranoid, prefers suitors in a higher social class, and will
repeatedly approach the victim.
CYBERSTALKING
use of the internet or other electronic means to stalk or harass an individual, group, or organization
often accompanied by real time or offline stalking.
criminal offense under various state anti-stalking, slander, and harassment laws.
ONLINE HARASSMENT

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“cyber harassment”, usually pertains to threatening or harassing emails, instant


messages, or website entries.

CHAPTER III
THE HACKER, HACKING TACTICS AND THE VICTIM
HACKER
 Someone who is proficient at software programming, debugging system, or identifying vulnerabilities in a given
computer, software application, or computer network.
 Individual who exhibits a high degree of skill, as well as creativity in his or her approach to technical problems.
 refer to anyone with technical skills, but it often refers to a person who uses his or her abilities to gain unauthorized
access to systems or networks in order to commit crimes.
 built the Internet.
 Hackers made the Unix operating system
 World Wide Web work

HISTORY OF HACKING
KENNETH LANE THOMPSON AND DENNIS RICHIE (1960)
 Made program named “hats”
 Create unix system

JOHN DRAPER (1971)


 PHREAKING “free phone calls”

THE 414’s (1982-1983)


 Accessed Los Alamos National Laboratory (site for a nuclear weapon research that produces atomic bombs in
ww2)

THE LEGION OF DOOM VS THE MASTERS OF DECEPTION


 Great hacker war

TYPES OF HACKERS
1. White hat
2. Black hat
3. Gray hat

WHITE HAT HACKERS


 known as ethical hackers/authorized hackers, strive to operate in the public’s best interest, rather than to create
turmoil.
 Doing penetration testing

BLACK HAT HACKERS


 Threat actors/unauthorized hackers
 intentionally gain unauthorized access to networks and systems with malicious intent, whether to steal data,
spread malware or profit form ransomware, vandalize or otherwise damage systems or for any other reason
including gaining notoriety

GRAY HAT HACKERS


 fall somewhere between white hat hackers and black hat hackers.

RED HAT HACKERS


 Eagled eye/Vigilante hackers
 Intended to stop the unethical attacks of the threat actors
 Fighting against black hat hackers
 White hat legal while red hat illegal.

BLUE HAT HACKERS


 Vengeful hackers

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 Use hacking as a social weapon


 Use as a revenge to any person.

HACKTIVIST
 Affected with political change
 Politically motivated
 Release data or pictures about a politician which is not true

GREEN HAT HACKERS


 SCRIPT-KIDDIES
 Amateur inexperience hacker
 Hackers with limited skills, referring to their need to use malicious scripts and their inability to create their
own code.

DARK WEB
 Host Forums and marketplaces serving black hat hackers

THE HACKER ATTITUDE


1. The world is full of fascinating problems waiting to be solved.
2. No problem should ever have to be solved twice.
3. Boredom and drudgery are evil.
4. Freedom is good.
5. Attitude is no substitute for competence

HACKERS
 solve problems and build things, and they believe in freedom and voluntary mutual help

UNETHICAL HACKING
 called an illegal activity to get unauthorized information by modifying a system’s features and exploiting its
loopholes

HACKING TECHNIQUES
BAIT AND SWITCH
 an attacker can but advertising spaces on the websites. Later, when a user clicks on the ad, he might get directed
to a page that’s infected with malware.

2.COOKIE THEFT
 Also known as Side Jacking or Session Hijacking
 this attack is easy to carry out if the user is not using SSL (https) for the complete session.

COOKIES (OF A BROWSER)


 keep our personal data such as browsing history, username, and passwords for different sites that we access.
 Once the hacker gets the access to your cookie, he can even authenticate himself as you on a browser. A popular
method to carry out his attack is to encourage a user’s IP packets to pass through attacker’s machine.

3.CLICKJACKING ATTACKS
 also known UI Redress.
 the hacker hides the actual UI where the victim is supposed to click.
 the attacker hijacks the clicks of the victim that aren’t meant for the exact page, but for a page where the hacker
wants you to be.

4.VIRUS, TROJAN ETC.


Virus or trojans are malicious software programs which get installed into the victim’s system
and keeps sending the victims data into the hacker. They can also lock your files, serve fraud
advertisement, divert traffic, sniff your data or spread on all the computer connected to your network.

5.PHISHING
hacker replicates the most-accessed sites and traps the victim by sending that spoofed link.
Combined with social engineering, it becomes one of the most commonly used and deadliest attack
vectors.

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Phishing via iCloud and Gmail attack was the attack route taken by the
hackers who targeted the “Frappening” leak, which involved numerous Hollywood female celebrities.

6.EAVESDROPPING (PASSIVE ATTACKS)


active in nature, using a passive attack
a hacker just monitors the computer systems and networks to gain some unwanted
information.
The motive behind eavesdropping is not to harm the system but to get some information
without being identified.

7. FAKE WAP (wireless application protocol)


use software to fake a wireless access point.
This WAP connect to the official public place WAP. Once you connected the fake WAP, a
hacker can access your data, It’s one of the easier hacks to accomplish and one just needs a simple
software and wireless network.
Fake WAP like “Heathrow Airport WiFi” or “Starbucks WiFi” and start spying on you.

8. WATERHOLE ATTACKS
hackers target the most accessed physical location to attack the victim like coffee shop, a
cafeteria
Once hackers are aware of your timings using this type of hacking, they might create a fake
WiFi access point and modify your most visited website to redirect them to you to get your personal
information.

9. DENIAL OF SERVICE (DOS\DDOS)


Denial of Service attack is a hacking technique to take down a site or server by flooding that
site or server with a lot of traffic that the server is unable to process all the requests in the real time
and finally crashes down.
the attackers flood the targeted machine with tons of requests to overwhelm the resources,
which, in turn, restrict the actual requests from being fulfilled

DISTRIBUTED DENIAL OF SERVICE ATTACKS hackers often deploy botnets or zombie


computers which have got the only work to flood your system with request packets.

10.KEYLOGGER
Also known as keyboard capturing
it can be either software or hardware.
is a simple software that records the key sequence and strokes of your keyboard into a log file
on your machine.
software-based keyloggers target the programs installed on a computer, hardware devices
target keyboards, electromagnetic emissions, smartphone sensors, etc.
one of the main reasons why online banking sites give you an option to use their visual
keyboards.

HACKER VS. CRACKER


HACKER
best applied to those who use their skills without malicious intent, but over time the term has
been applied to people who use their skills maliciously.
who seek to identify flaws in security systems and work to improve them, including security
experts tasked with locating and identifying flaws in systems and fixing those vulnerabilities.

Cracker
was proposed for criminal hackers, with the intention of removing the stigma from being
labeled a hacker.
are intent on breaching computer and network security to exploit those flaws for their own gain.

FAMOUS HACKERS
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ANONYMOUS GROUP
Focus on encouraging civil disobedience and unrest denial of service attacks

JONATHAN JAMES
Hacked US DOD and NASA

ADRIAN LAMO
Hacked New York Times, Microsoft and Yahoo and exploit their security flaws

KEVIN MITNICK
FBI most wanted for hacking into network of 40 high profile corporation
Arrested and served his sentence in a prison the after the release Mitnick founded a cyber security
firm to help organizations to keep their network safe.

1. DONALD KNUTH
2. KEN THOMPSON
3. VINTON CERF
4. STEVE JOBS
5. BILL GATES
 caught breaking into corporate systems as a teenager before founding Microsoft.

RISK MANAGEMENT TYPICALLY FALLS INTO 8 AREAS:


1.AVOIDANCE
take a close look at what information you store and what you need to store.
2. PREVENTION
I think this self-explanatory, prevent access to data, prevent the removal of data from business,
etc.
3.REDUCTION
reduce a loss of it does occur. Take measure like placing limits on the amount that can be
withdrawn from a bank account at any time.
4.SEPARATION
separate names from credit card numbers whenever possible. Separate user names from
passwords.
5.DUPLICATION
you actually want to reduce the duplication of customer data as the less duplicates the less
chances of theft but you may want to duplicate firewalls, etc
6.TRANSFER
this is the biggest one, transfer the risk of storing credit card data to a thirdparty processor like
PayPal or your bank. Let them take the risk of storing credit cards. Also, insurance is a form of
transfer as you are transferring your risk to the insurer.
7.RETENTION
as a last resort, be aware of the risk be risk your face but if you cannot effectively manage it you
must retain it or avoid it (by not engaging in business).

GRAHAM DAY
Security in the Digital World, says:
“Attackers are slowly discovering all the ways that devices can be used to attack others. As this
knowledge develops, the number and sophistication of attacks also increase”

THREE METHODS THAT CYBER CRIMINALS USE TO ATTACK AS DEFINES SECURITY IN THE
DIGITAL WORLD:
1.SOCIAL ENGINEERING:
the attacker tries to manipulate you into giving them either your information, or access to your
computer so that they can get the information themselves.
2. MALWARE

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Malware is malicious software that will damage or harm your computer,


network or information with the sole intent of infecting your system.
3.RANSOMWARE
Petya, Wanna Cry and Not Petya are all strains of ransomware that affected the computer
systems of organizations worldwide.
a type of malware that is delivered by social engineering and blocks access to the information
stored on your device/system.

Dimensions of Crime

Cybercrime often has an international dimension. E-mails with illegal content often past through a
number of countries during the transfer from sender to recipient, or illegal content is stored outside the
country. Within cybercrime investigations, close cooperation between the countries involved is very
important. The existing mutual legal assistance agreements are based on formal, complex and often
time-consuming procedures, and in addition often do not cover computer-specific investigations.
Setting up procedures for quick response to incidents, as well as requests for international
cooperation, is therefore vital. A number of countries base their mutual legal assistance regime on the
principle of “dual criminality”. Investigations on a global level are generally limited to those crimes that
are criminalized in all participating countries. Although there are a number of offenses such as the
distribution of child pornography that can be prosecuted in most jurisdictions, regional differences play
an important role. One example is other types of illegal content, such as hate speech. The
criminalization of illegal content differs in various countries.
Material that can lawfully be distributed in one country can easily be illegal in another country. The
computer technology currently in use is basically the same around the world. Apart from language
issues and power adapters, there is very little difference between the computer systems and
cellphones sold in Asia and those sold on Europe. An analogous situation arises in relation to the
Internet. Due to standardization, the network protocols used in countries on the African continent are
the same as those used in the United States. Standardization enables users around the world to
access the same services over the Internet. The question is what affect the harmonization of global
technical standards has on the development of the national criminal law. In terms of illegal content,
internet users can access information from around the world, enabling them to access information
available legally abroad that could be illegal in their own country.
Theoretically, developments arising from technical standardization go far beyond the globalization of
technology and services and could lead to the harmonization of national laws. However, as shown by
the negotiations over the First Protocol to the Council of Europe Convention on Cybercrime (the
“Convention of Cybercrime”), the principles of national law change much more slowly than technical
developments. Although the Internet may not recognize border control, there are means to restrict
access to certain information. The access provider can generally block certain websites and the
service provider that stores a website can prevent access to information for those users on the basis
of IP-addresses linked to a certain country (“IP-targeting”). Both measures can be circumvented, but
are nevertheless instruments that can be used to retain territorial differences in a global network. The
Open Net Initiative reports that this kind of censorship is practiced by about two dozen countries.

Cybercrimes and International Organizations


From a legal perspective, the following conventions have tackled the issue of cybercrime, where the
UN has a draft a treaty on an International Court or Tribunal for cyberspace. The convention took
place in Mumbai in November 2016. In the treaty mentions who has jurisdiction over internet crimes,
and who is considered a cybercriminal and thus must be liable to punishment. The Council of Europe
Convention on Cybercrime (2001) states types of cybercrimes, and declares that any person liable to
these actions is sanctioned through deprivation of liberty, however to what extent, is not mentioned.
The CECC has met every year since and added more definitions to what is considered as
cybercrimes.
The League of Arab States Convention on Combating Information Technology Offenses states
that each member state of the convention should be committed to fulfill its obligations arising from the
convention, however without the interference of other states’ interior affairs. The convention also
clearly stated that no state judicial is entitled to jurisdiction on other states, and that every state should
respect the sovereignty of other states. Moreover, the Convention also endows with the imposition of
sanctions on the following crimes: entry i.e. hacking, interference with the private lives, withholding
some information, amendment, mail fraud, or posting obscene material.
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The Commonwealth of Independent States Agreement on Cooperation on


Combating Offenses related to Computer Information (2007) define the type of criminal acts, who
are the competent authorities, forms of cooperation to combat cybercrime, and how to request their
assistance in case of being victimized. The Shanghai Cooperation Organization Agreement in the
Field of International Information Security (2008-2012) states that the members are: “firmly convinced
that terrorism, separatism and extremism, as defined in this convention, regardless of their motives,
cannot be justified under any circumstances, and that the perpetrators of such acts should be
prosecuted under the law. The African Union Convention on Cyber Security and Personal Data
Protection (June 27, 2014) states the online activities should be exercised freely except:
 Gambling, even in the form of legally authorized betting and lotteries;
 Legal representation and assistance activities;
 Activities exercised by notaries or equivalent authorities in application of extant texts.

Scholars and Cybercrimes


Many Scholars have written about cybercrimes, but have approached the problem in many ways.
Due to the different types of cybercrimes, some scholars focused on categorizing them and other
focused on specific types of crimes. Kit Burden stated that there are two types of cybercrimes, the
one that are “e-enabled”, meaning crimes that were known to the world before the internet, but are
facilitated through the World Wide Web, and
“true” cybercrimes, meaning crimes that would not exist outside the online environment.

The Cyber-Criminal – Understanding the behavioral analysis of the criminal:


For some time now, forensic psychologists and behavioral scientists have been working in
collaboration with law enforcement agencies to incorporate psychological science into criminal
profiling but what is criminal profiling?
Criminal profiling seeks to identify criminals by analyzing their behavior after they have engaged in
crime. The fundamental rational is simple: If a certain behavior and evidence in a crime are found to
be common with other crimes, then there is a big probability that it is the same criminal activity
because behavior is related to the psycho-socio characteristics of an offender.
Behavior is shaped by the choice criminals make while committing a crime. This would include the
method of the crime, the location of the crime, and the choice of the targeted victims i.e. victimology
etc. This data is then combined with physical evidence collected from the scene of the crime. Once
the data has been collected, it is then prepared with the characteristics of recognized personality
types and mental abnormalities. This process later develops a practical working description of an
offender, for example, when a baby is kidnapped, but a body has not been found, it usually signifies
that the kidnapper maybe a female between the age of 30 and 40 who had recently lost a child of her
own. The lack of body signifies that the baby will substitute for the “lost baby” of the kidnapper. If the
baby was a child or if the baby was murdered then the whole profile would be completely different.
Criminal profiling emerged as a new tool for investigation at the beginning of 20 th century, starting with
the case of the infamous Jack, the Ripper killings in England. However, it has only been recent that
this science has caught the eye of the public, after TV shows such as CSI, Criminal minds, the
Mentalist, Lie to me and so on included studying the mind of the killer in their plot. However, what can
profiling contribute to when dealing with cybercrimes? Research has proved that criminal profiling is
estimated to have a success rate of 83 percent when assisting traditional investigations. Moreover,
due to the fact that cybercrime is a new unpaved addition to the “new world”, officials would seek all
the help they can get in order to catch the invisible criminal, especially when physical evidence is
lacking in a cybercrime.
The world of cybercrime restructures the rules of criminal investigation. Unlike traditional crime
scenes, the evidence found mostly exists only in the cyber-world; in a network, computer or the
Internet. Moreover, it is this faceless aspect of cybercrime that compiles its challenge. However, if
cyber criminals depend on the pseudoanonymous nature of the internet and need this technology to
camouflage their true identities, then it is up to security leaders to use this to their advantage.
Fortunately, a cyber criminal’s facelessness is considered as a signature behavior, a motivation, and
an MO (modus operandi). Criminal profiling relies heavily on such clues because not all cyber
criminals have the same maturity in technique, behavior, characteristics and motives, making every
cybercrime unique. This means the hackers are not the same as traffickers, furthermore hackers also
aren’t all the same.

Consequences for developing countries


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Finding response strategies and solutions to the threat of cybercrime is a major


challenge, especially for developing countries. A comprehensive anti-cybercrime strategy generally
contains technical protection measures, as well as legal instruments. The development and
implementation of these instruments needs time. Technical protection measures are especially cost-
intensive. Developing countries need to integrate protection measures into the roll-out of the internet
from the beginning, as although this might initially raise the cost of internet services, the long-term
gains in avoiding and damage inflicted by cybercrime are large and far outweigh any initial outlays on
technical protection measures and network safeguards. The risks associated with weak protection
measures could in fact affect developing countries more intensely, due to their less strict safeguards
and protection. The ability to protect customers, as well as firms, is a fundamental requirement not
only for regular businesses, but also for online or internet-based businesses. In the absence of
internet security, developing countries could encounter significant difficulties promoting e-business
and participating in online service industries. The development of technical measures to promote
cyber security and proper cybercrime legislation is vital for both developed countries and developing
countries. Compared with the costs of granting safeguards and protection measures onto computer
network at a later date, it is likely that initial measure taken right from the outset will be less
expensive. Developing countries need to bring their anti-cybercrime strategies into line with
international standards from the outset.

Preventing cyber-crime and Future opportunities for managing cybercrime


Cyber Crime which is also known as ‘Internet crimes’ or ‘Computer crimes’ is any criminal activity that
uses a computer either as an instrument, target or a means of perpetuating further crimes or offenses
or contraventions under any law.

Determinant Factors for Preventing Cyber Crime


1. Law enforcement
2. Attitude awareness
3. Ethics
4. IT technology

Cybercrime Prevention Framework


A cybercrime prevention framework was obtained from survey done in order to look at cyber-crime
prevention from the perspective of government and non-government organization (NGO). Prevention
of cybercrime highlight that government leadership plays an important part in crime prevention,
combined with cooperation and partnerships across ministries and between authorities, community
organizations, nongovernmental organizations, the business sector and private citizens.
This research identifies four factors such law enforcement, attitude awareness, ethics and IT
technology have impact toward preventing cybercrime. At present law enforcement should be
reviewed by the government so that the new amendment will protect online business users. Creating
attitude awareness during online business transaction is important to help both parties’ seller and
buyer. Apply good ethics will increase trust towards buyers while online business transaction. The
business entrepreneur should equip with latest information technology, and updated security system
will prevent being attacked by a cyber-criminal.

Understanding the rights of the victim


Committing crimes online facilitates anonymity of identity and location. Moreover, as mentioned
above, due to lack of territory and ease of access, one can commit a cybercrime thousands of miles
away. This makes it easier for the criminal to commit crimes but harder for police and other law
enforcement organizations to bring them to justice.
What makes cybercrime an even bigger opportunity for a criminal is the fact that law enforcement
agencies seldom have qualified agents that can deal with the issue, consequently considering
cybercrime the least of their priorities.
Furthermore, if, by any chance the offender was identified and arrested, then the criminal will be taken
to court. Compensation and justice however, will depend on the role the victim played in the crime
and how ignorant they were.

International Laws and Cybercrimes


When one looks at existing international laws that contribute to the international affairs of cyber law,
we can take Article 1 of the United Nations Code of Conduct for Law Enforcement Officials, the
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clarifies that the responsibility of law enforcement is to execute the duty forced
upon them by law, “by serving the community” and “defending all persons from illicit acts”.
This duty is extended to the complete range of prohibitions under penal statutes. However, as
cybercrime acts grow to be more common and widespread, law enforcement agencies progressively
face the question of what “serving” and “protecting” in the perspective of a crime within global
dimensions really means.
A study done by the United Nations Office of Drugs and Crimes reported that more than half of the
world’s countries testified that between fifty and one-hundred percent of cybercrime acts faced by the
police involve an international element.
Thus, responding countries pointed out that the majority of cybercrime acts are discovered by the
police through individual victim reports.
Therefore, the UNODC came to the conclusion that cybercrimes generally transpire globally, but are
reported locally. Here, one finds the need for collaboration between nation states in order to avoid
jurisdiction problems. Cyberattacks are becoming highly developed and more difficult to discover
especially when new techniques promptly find their way to a broader audience. There are certain
International Organizations that have started to tackle the issue of cybercrimes. Starting from 2005
when the “Electronic Transaction and Information Law” was presented to the Law House in
Indonesia in July, and when the “Council of Europe Convention on Cybercrime” was ratified in
Norway on the 4th of November, when the State Senate in the
Netherlands formed a committee that introduced a proposal for legislation on Computer crime on the
20th of December, and when the “Computer security and Critical Information in Infrastructure Bill
2005 (Sb254)”was introduced to the National Assembly in Nigeria on the 22 nd of December. Up to this
day in November 2016 an International Convention on Cyber Crimes will take place in Mumbai India
that will try to establish an international unified cyber law.
When one looks at the International Organizations and their significance, one must look at whether
they are binding on states or none-binding. Almost half are none-binding. For binding mechanisms,
the geographic scope is usually determined by the nature and framework of the organization. Hence,
for instance, the League of Arab States Convention’s main principle is to “strengthen and improve
cooperation between the Arab States”.
Likewise, the “Commonwealth of Independent States Agreement” that abolish the USSR, labels
“the members” as “Independent States”, and the Draft African Union Convention id foreseen to be
open to “Member States of the African Union”.
However, not all members of the organization may be participant to the original agreement and where
the agreement is prone to ratification, approval, or acceptance not all participants may have accepted
such changes or agreements. Some ratifications, addition and changes are opened for signature
external of the membership of the organization where this “additional belief” was developed. For
example, The Council of Europe Cybercrime Convention was opened for membership by states of
the Council of Europe and by “nonmember States which have contributed in its expansion”. Founding
stated become the current states that have power over the entry of new states applying for
membership, usually with accordance to the rules that were set in the “original” treaty agreement.
Treaties may be one of the three things when it comes to its recruitment policies. It is “open”, when
any state may become a member by simply articulating their intent to join and follow the presented
treaty terms. It is “semi-open” when membership is approved by a majority vote from the contracting
states. And finally, it is considered as “closed” when membership requires a unanimous vote from
contracting states.
An example of closed membership is the Council of Europe Cybercrime Convention, where after the
Committee of Ministers if the Council of Europe consult with the contracting states of the Convention
and obtain their unanimous consent, may they “invite any State that is not a member of the Council
and has not participated in its foundation and expansion”. Similarly, the Commonwealth of
Independent States Agreement is “open for membership by any other States prepared to be bound
by the requirements, only after all Parties agree”. On the other hand, The Shanghai Cooperation
Organization Agreement is said to be “open to membership by any State that believes in the same
principle and goals of the Agreement”
Organizations and Treaties developed under the “sponsorship” of the United Nations usually have the
broadest geographical scope. The Convention on Law of the Sea is open for “membership of any
State”. Globally, 82 countries have ratified and/or signed 1 of the binding cybercrime organizations,
and some countries have signed and became members of more than one organization.
Even though there is a possibility of joining more than one international organization that contributes
to dealing with cybercrimes, facts point out that even till this day no single IO has a global geographic
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reach of membership. The Council of Europe Cybercrime Convention has the leading
number of signature/memberships with 43 member-states, and 5 non-member States of the Council
of Europe. The League of Arab States Convention has 18 countries/members, the Commonwealth of
Independent States Agreement has 10 countries/members, and the Shanghai Cooperation
Organization Agreement has 6 countries/ members.

Human Rights and Cyber Crime


Human Rights in the digital age has posed many controversial issues and the dilemma of being
put under the position of choosing which human right/law is more appropriate to apply when dealing
with the internet. Considering both article 3 and article 12 from the Universal Declaration of
Human Rights, as they respectively declare: “Everyone has the right to life, liberty and security
of person”, and “No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honor and reputation. Everyone has the
right to the protection of the law against such interference or attacks”.
One notices that the progress in information communication technology is facilitating access to
information altering these technologies in the process of becoming very susceptible for interception.
What is even more frightening are the new recent discoveries that have exposed how new
technologies are being secretly developed to facilitate these practices, with high efficiency.
Using this as an excuse, it is no longer a secret that the government has been keeping tabs on
citizens’ private information whether it is from phone calls or search history from explored engines
such as Yahoo and
Google “to protect”.
This is why in December 2013, the United Nations General Assembly executes resolution 68/167,
which articulates deep concern at the negative impact the interception and surveillance of the citizen’s
communication and online activities may have on human rights. The General Assembly came to the
imperative realization that the rights people practice offline must also be protected online; and it is the
States’ responsibility to impose the respect and protection of the right to privacy in digital
communication. That is why the General Assembly called on all the States to inspect their
procedures, legislation and practices related to communications inception, collection, and
surveillance. It stressed the need for States to guarantee the complete and effective implementation
of their obligations to adopt and implement the international human rights law. A year later, on the 13 th
of November in 2014, at its 27 th session, the Human Right Council assembled a panel to discuss the
right to privacy in the “digital age” tackling the subject of surveillance.
The report was then presented to the General Assembly at its sixty-ninth session. One month later, in
December 2014, Resolution 69/166 was adopted, and the General Assembly encouraged the Human
Rights Council to deem the possibility of establishing a special procedure to promote this aim.
In April 2015, the Human Rights Council executed resolution 28/16 at its twenty-eighth session, and
decided to assign a Special Reporter, for a period of three years, on the right to privacy. The
resolution assigned the Special Reporter, along with other responsibilities, to report on suspended
violations of the right to privacy that are connected to the challenges cropping up from new
technologies. States were obliged to fully cooperate and support the Special Reporter.

Economic Impact of Cyber Crimes


Putting a number on the cost of cybercrime, and cyber is the tip of the iceberg, but the body of that
iceberg is the effect on competitiveness, technology, trade, and trust.
While the cost of cybercrime on the global economy is an average of 400 billion dollars every year,
the dollar amount, as much as it may seem, may not fully reveal the real damage done to global
economy. Cybercrime also slows the rate of innovation, disrupt trade, and create social costs from job
loss. This larger effect could be more significant than any actual number.
As the world evolves, so will all its aspects: the good and the bad. That being said, one must not
forget
to “modify” the definition of crime, meaning that the face of crime has evolved. Megabytes are
substituting for bullets and the scary part is that no weapon can fight this ongoing battle except for the
weapon of knowledge and cooperation.
How can one combat the threat of cybercrime? before tackling the issue on an international
level and point out the importance of establishing a conventional relationship between states, there
are critical elements every state should adopt in itself first, that will improve domestic law enforcement
response to reported acts of cybercrime.

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These elements include:


1. Establishing a successful legal framework that allows investigative measures to reach he
proper balance between the respect for personal privacy and investigative authority;
2. Sufficient access to unintrusive investigative tools and inquiry methods during investigation,
such as obtaining electronic evidence from third parties like internet service providers, to trace
activity and not content.
3. Adequate training and technical capability for both specialized and non-specialized law
enforcement agents.
4. Providing training workshops in schools, universities, banks, companies, and relevant work
fields that raise awareness on cybercrimes.
5. Induce the “Hack for Good Program”, in which law enforcement agencies hire the hackers they
arrest in exchange for exemption of imprisonment to help them catch cybercriminals. In other
words, using
“criminals to catch criminals”.
However, implementing these security measures and element is difficult and could take time to
master. This is why governments need to use what they have as domestic criminal laws as a base to
build upon new laws for cybercrimes. Moreover, definitions for certain criminal acts must be ratified
and updated in order to fit the new reality.

CHAPTER V
Cybercrime Laws in the Philippines

Republic Act No. 10175 – known as the “Cybercrime Prevention Act of 2012”

The State recognizes the vital role of information and communications industries such as content
production, telecommunications, broadcasting electronic commerce, and data processing, in
the nation’s overall social and economic development.
The State also recognizes the importance of providing environment conducive to the development,
acceleration, and rational application and exploitation of information and communications
technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of
information; and the need to protect and safeguard the integrity of computer, computer and
communications systems, networks, and data bases, and the confidentiality, integrity, and availability
of information and data stored therein, from all forms of misuse, abuse and illegal access by making
punishable under the law such conduct or conducts.
In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by
facilitating their detection, investigation, and prosecution at both the domestic and international levels,
and by providing arrangements for fast and reliable international cooperation.

Definition of Terms

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1. Access refers to the instruction, communication with, storing data in, retrieving
data from, or otherwise making use of any resources of a computer system or communication
network.
2. Alteration refers to the modification or change, in form or substance, of an existing computer
data or program.
3. Communication refers to the transmission of information through ICT media, including voice,
video and other forms of data.
4. Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or
communications device, or grouping of such devices, capable of performing logical, arithmetic,
routing, or storage functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in conjunction with such
device. It covers any type of computer device including devices with data processing capabilities
like mobile phones, smart phones, computer networks and other devices connected to the
internet.
5. Computer data refers to any representation of facts, information, or concepts in a form suitable
for processing in a computer system including a program suitable to cause a computer system to
perform a function and includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.
6. Computer program refers to a set of instructions executed by the computer to achieve intended
results.
7. Computer system refers to any device or group of interconnected or related devices, one or
more of which, pursuant to a program, performs automated processing of data. It covers any type
of device with data processing capabilities including, but not limited to, computers and mobile
phones. The device consisting of hardware and software may include input, output and storage
components which may stand alone or be connected in a network or other similar devices. It also
includes computer data storage devices or media.
8. Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses, excuses, court orders, justifications, or
relevant principles under the law.
9. Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.
10. Critical infrastructure refers to the computer systems, and/or networks, whether physical or
virtual, and/or the computer programs, computer data and/or traffic data so vital to this country
that the incapacity or destruction of or interference with such system and assets would have a
debilitating impact on security, national or economic security, national public health and safety, or
any combination of those matters.
11. Cybersecurity refers to the collection of tools, policies, risk management approaches, actions,
training, best practices, assurance and technologies that can be used to protect the cyber
environment and organization and user’s assets.
12. Database refers to a representation of information, knowledge, facts, concepts, or instructions
which are being prepared, processed or stored or have been prepared, processed or stored in a
formalized manner and which are intended for use in a computer system.
13. Interception refers to listening to, recording, monitoring or surveillance of the content of
communications, including procuring of the content of data, either directly, through access and
use of a computer system or indirectly, through the use of electronic eavesdropping or tapping
devices, at the same time that the communication is occurring.
14. Service provider refers to:
(a) Any public or private entity that provides to users of its service the ability to communicate by
means of a computer system; and
(b) Any other entity that processes or stores computer data on behalf of such communication
service or users of such service.
15. Subscriber’s information refers to any information contained in the form of computer data or
any other form that is held by a service provider, relating to subscribers of its services other than
traffic or content data and by which identity can be established:
(a) The type of communication service used, the technical provisions taken thereto and the period
of service;
(b) The subscriber’s identity, postal or geographic address, telephone and other access numbers,
any assigned network address, billing and payment information, available on the basis of the service
agreement or arrangement; and

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(c) Any other available information on the site of the installation of


communication equipment, available on the basis of the service agreement or arrangement.
16. Traffic data or non-content data refers to any computer data other than the content of the
communication
including, but not limited to, the communication’s origin, destination, route, time, date, size,
duration, or type of underlying service.

PUNISHABLE ACTS – Cybercrime Offenses


1. Offenses against the confidentiality, integrity and availability of computer data and
systems: 1) Illegal Access.
2) Illegal Interception.
3) Data Interference.
4) System Interference.
5) Misuse of Devices.
6) Cyber-squatting.

2. Computer-related Offenses:
a) Computer-related Forgery.
b) Computer-related Fraud.
c) Computer-related Identity Theft.

3. Content-related Offenses:
a) Cybersex.
b) Child Pornography.
c) Unsolicited Commercial Communications.

4) Libel.

5) Other Offenses
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications technologies shall
be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be
one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special
laws, as the case may be.
Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability
for violation of any provision of the Revised Penal Code, as amended, or special laws.

Penalties
A – Any person found guilty of any of the punishable acts enumerated below
(a) Offenses against the confidentiality, integrity and availability of computer data and
systems: (b) Computer-related Offenses
 Shall be punished with imprisonment of prision mayor or a fine of at least Two hundred
thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the
damage incurred or both.
B – Any person found guilty of the punishable act under section 4(a)(5)
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(5) Misuse of Devices.
 Shall be punished with imprisonment of prision mayor or a dine of not more than Five
hundred thousand pesos (PhP500,000.00) or both.
 If punishable acts in section 4(a) are committed against critical infrastructure, the
penalty of reclusion temporal od a fine of at least Five hundred thousand pesos
(PhP5000,000.00) up to maximum amount commensurate to the damage incurred or
both, shall be imposed. C - Any person found guilty of any of the punishable acts
enumerated in section 4(c)(1) (c) Content-related Offenses:
(2) Cybersex.
 Shall be punished with imprisonment of prision mayor or a fine of at least Two hundred
thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhP1,000,000.00) or both. D - Any person found guilty of any of the punishable
acts enumerated in section 4(c)(2) (c) Content-related Offenses:
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(3) Child Pornography


 Shall be punished with the penalties as enumerated in Republic Act 9775 or the “Anti-
Child Pornography Act of 2009”: Provided, that the penalty to be imposed shall be one
(1) degree higher than provided for in Republic Act No. 9775, if committed through a
computer system. E - Any person found guilty of any of the punishable acts
enumerated in section 4(c)(3)
(c) Content-related Offenses:
(4) Unsolicited Commercial Communications
 Shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand
pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.
F - Any person found guilty of any of the punishable acts enumerated in section 5
Section 5. Other Offenses
 Shall be punished with imprisonment of one (1) degree lower than that of the prescribed
penalty for the offense or a fine of at least One hundred thousand pesos
(PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or
both.
Corporate Liability
When any of the punishable acts herein define are knowingly committed on behalf of or for the benefit
of a juridical person, by a natural person acting either individually or as part of an organ of the juridical
person, who has a leading position within, based on:
(a) A power of representation of the judicial person provided the act committed falls within the
scope of such authority;
(b) An authority to take decisions on behalf of the juridical person; provided, that the act committed
falls within the scope of such authority; or
(c) An authority to exercise control within the juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines imposable in Section 7 (Liability under
other Laws. A prosecution under this act shall be without prejudice to any liability for violation
of any provision of the Revised Penal Code, as amended, or special laws) up to a maximum of
Ten million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made possible due o the lack of
supervision or control by a natural person referred to and described in the preceding paragraph, for
the benefit of that juridical person by a natural person acting under its authority, the juridical person
shall be help liable for a fine equivalent to at least double the fines imposable in Section 7 up to a
maximum of Five million Pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal liability of the
natural person who has committed the offense.

ENFORCEMENT AND IMPLEMENTATION

Law Enforcement Authorities.


The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be
responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and
the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively
handle cases involving violations of this Act.

Duties of Law Enforcement Authorities.


To ensure that the technical nature of cybercrime and its prevention is given focus and considering
the procedures involved for international cooperation, law enforcement authorities specifically the
computer or technology crime divisions or units responsible for the investigation of cybercrimes are
required to submit timely and regular reports including pre-operation, post-operation and investigation
results and such other documents as may be required to the Department of Justice (DOJ) for review
and monitoring.

Real-Time Collection of Traffic Data.


Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or
electronic means traffic data in real-time associated with specified communications transmitted by
means of a computer system.

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Traffic data refer only to the communication’s origin, destination, route, time, date,
size, duration, or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the collection or
recording of the above-stated information.
The court warrant required under this section shall only be issued or granted upon written application
and the examination under oath or affirmation of the applicant and the witnesses he may produce and
the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed, or is being committed, or is about to be committed: (2) that there
are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of
any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no
other means readily available for obtaining such evidence.

Preservation of Computer Data.


The integrity of traffic data and subscriber information relating to communication services provided by
a service provider shall be preserved for a minimum period of six (6) months from the date of the
transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the
order from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6) months: Provided,
That once computer data preserved, transmitted or stored by a service provider is used as evidence
in a case, the mere furnishing to such service provider of the transmittal document to the Office of the
Prosecutor shall be deemed a notification to preserve the computer data until the termination of the
case.
The service provider ordered to preserve computer data shall keep confidential the order and its
compliance.

Disclosure of Computer Data.


Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person
or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its
possession or control within seventy-two (72) hours from receipt of the order in relation to a valid
complaint officially docketed and assigned for investigation and the disclosure is necessary and
relevant for the purpose of investigation.

Search, Seizure and Examination of Computer Data.


Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise
have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer
and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about
the functioning of the computer system and the measures to protect and preserve the computer data
therein to provide, as is reasonable, the necessary information, to enable the undertaking of the
search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the examination of the
computer data storage medium and to make a return thereon but in no case for a period longer than
thirty (30) days from date of approval by the court.

Custody of Computer Data.


All computer data, including content and traffic data, examined under a proper warrant shall, within
fortyeight (48) hours after the expiration of the period fixed therein, be deposited with the court in a
sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing
it stating the dates and times covered by the examination, and the law enforcement authority who
may access the deposit, among other relevant data. The law enforcement authority shall also certify
that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such

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duplicates or copies are included in the package deposited with the court. The
package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then
contents revealed, except upon order of the court, which shall not be granted except upon motion,
with due notice and opportunity to be heard to the person or persons whose conversation or
communications have been recorded.

Destruction of Computer Data.


Upon expiration of the periods as provided in Sections 13 and 15, service providers and law
enforcement authorities, as the case may be, shall immediately and completely destroy the computer
data subject of a preservation and examination.

Exclusionary Rule.
Any evidence procured without a valid warrant or beyond the authority of the same shall be
inadmissible for any proceeding before any court or tribunal.

Restricting or Blocking Access to Computer Data.


When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ
shall issue an order to restrict or block access to such computer data.

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Noncompliance.
Failure to comply with the provisions of Chapter IV hereof specifically the orders from
law enforcement authorities shall be punished as a violation of Presidential Decree No.
1829 with imprisonment of prision correctional in its maximum period or a fine of One
hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance
with an order issued by law enforcement authorities.

Jurisdiction.
The Regional Trial Court shall have jurisdiction over any violation of the provisions of
this Act. including any violation committed by a Filipino national regardless of the place
of commission. Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or partly situated
in the country, or when by such commission any damage is caused to a natural or
juridical person who, at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges
to handle cybercrime cases.

General Principles Relating to International Cooperation.


All relevant international instruments on international cooperation in criminal matters,
arrangements agreed on the basis of uniform or reciprocal legislation, and domestic
laws, to the widest extent possible for the purposes of investigations or proceedings
concerning criminal offenses related to computer systems and data, or for the collection
of evidence in electronic form of a criminal, offense shall be given full force and effect.

Department of Justice (DOJ).


There is hereby created an Office of Cybercrime within the DOJ designated as the
central authority in all matters related to international mutual assistance and extradition.

Cybercrime Investigation and Coordinating Center.


There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-
agency body to be known as the Cybercrime Investigation and Coordinating Center
(CICC), under the administrative supervision of the Office of the President, for policy
coordination among concerned agencies and for the formulation and enforcement of the
national cybersecurity plan.

Composition
1. Executive Director of the Information and Communications Technology Office
under the Department of Science and Technology (ICTO-DOST) as Chairperson.
2. Director of the NBI as Vice Chairperson;

Members
1. the Chief of the PNP;
2. Head of the DOJ Office of Cybercrime; and
3. one (1) representative from the private sector and academe.

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The CICC shall be manned by a secretariat of selected existing personnel and


representatives from the different participating agencies.

Powers and Functions.


1. To formulate a national cybersecurity plan and extend immediate assistance for
the suppression of realtime commission of cybercrime offenses through a
computer emergency response team (CERT);
2. To coordinate the preparation of appropriate and effective measures to prevent
and suppress cybercrime activities as provided for in this Act;
3. To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;
4. To facilitate international cooperation on intelligence, investigations, training and
capacity building related to cybercrime prevention, suppression and prosecution;
5. To coordinate the support and participation of the business sector, local
government units and nongovernment organizations in cybercrime prevention
programs and other related projects;
6. To recommend the enactment of appropriate laws, issuances, measures and
policies;
7. To call upon any government agency to render assistance in the accomplishment
of the CICC’s mandated tasks and functions; and
8. To perform all other matters related to cybercrime prevention and suppression,
including capacity building and such other functions and duties as may be
necessary for the proper implementation of this Act.

CYBERCRIME PREVENTION ACT OF 2012 (REPUBLIC ACT 10175)


HISTORY
 First Cybercrime bill

o was filed in 2001 by Congressman Eric Singson

 Cybercrime Prevention Act of 2012

o was signed into law last September 12, 2012.

 TRO by the Supreme Court by October 2012

 Upheld by the Supreme Court last February 18, 2014 while several provisions were
struck down.

WHAT THIS WEBINAR IS ALL ABOUT?


 Information about the Cybercrime Law.

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 How it compliments and strengthens the E Commerce Law and Data Privacy Law.

E-COMMERCE LAW - REPUBLIC ACT 8792


“It gives legal recognition of electronic data messages, electronic documents, and
electronic signatures. (section 6 to 13)"
HACKING OR CRACKING
UNAUTHORIZED ACCESS INTO OR INTERFERENCE IN A COMPUTER
SYSTEM/SERVER OR INFORMATION AND COMMUNICATION SYSTEM; OR ANY
ACCESS IN ORDER TO CORRUPT, ALTER STEAL OR DESTROY USING A COMPUTER
OR OTHER SIMILAR INFORMATION AND COMMUNICATION DEVICES, WITHOUT
THE KNOWLEDGE AND CONSENT OF THE OWNER OF THE COMPUTER OR
INFORMATION AND COMMUNICATIONS SYSTEM, INCLUDING THE
INTRODUCTION OF COMPUTER VIRUSES AND THE LIKE RESULTING IN THE
CORRUPTION, DESTRUCTION, ALTERATION, THEFT OR LOSS OF ELECTRONIC
DATA MESSAGES OR ELECTRONIC DOCUMENT
PENALTIES
PUNISHED BY A MINIMUM FINE OF ONE HUNDRED THOUSAND PESOS
(P100,000.00) AND A MAXIMUM COMMENSURATE TO THE DAMAGE INCURRED
AND A MANDATORY IMPRISONMENT OF SIX (6) MONTHS TO THREE (3) YEARS
PIRACY
THE UNAUTHORIZED COPYING, REPRODUCTION, DISSEMINATION,
DISTRIBUTION, IMPORTATION, USE, REMOVAL, ALTERATION, SUBSTITUTION,
MODIFICATION, STORAGE, UPLOADING, DOWNLOADING, COMMUNICATION,
MAKING AVAILABLE TO THE PUBLIC, OR BROADCASTING OF PROTECTED
MATERIAL ELECTRONIC SIGNATURE OR COPYRIGHTED WORKS INCLUDING
LEGALLY PROTECTED SOUND RECORDINGS OR PHONOGRAMS OR INFORMATION
MATERIAL ON PROTECTED WORKS, THROUGH THE USE OF
TELECOMMUNICATION NETWORKS
PENALTIES
MINIMUM FINE OF ONE HUNDRED THOUSAND PESOS (P100,000-00) AND A
MAXIMUM COMMENSURATE TO THE DAMAGE INCURRED AND A MANDATORY
IMPRISONMENT OF SIX (6) MONTHS TO THREE (3) YEARS
OTHER VIOLATIONS IN E-COMMERCE LAW
CONSUMER ACT AND ALL OTHER LAWS
REPUBLIC ACT NO 7394 AND OTHER RELEVANT OR PERTINENT LAWS
THROUGH TRANSACTIONS COVERED BY OR USING ELECTRONIC DATA
MESSAGES OR ELECTRONIC DOCUMENTS
PENALTIES
PENALIZED WITH THE SAME PENALTIES AS PROVIDED IN THOSE LAWS
OTHER VIOLATIONS IN E-COMMERCE LAW
 OTHER VIOLATIONS OF THE PROVISIONS OF THIS ACT

 EX- OBLIGATION OF CONFIDENTIALITY LAWFUL ACCESS, AMONG OTHERS

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PENALTIES
MAXIMUM PENALTY OF ONE MILLION PESOS (P1,000,000.00) OR SIX (6)
YEARS IMPRISONMENT
DATA PRIVACY LAW (REPUBLIC ACT 10173)
 Personal information refers to any information whether recorded in a material form or
not, from which the identity of an individual is apparent or can be reasonably and directly
ascertained by the entity holding the information, or when put together with other
information would directly and certainly identify an individual."

 Personal information refers to any information whether recorded in a material form or


not, from which the identity of an individual is apparent or can be reasonably and directly
ascertained by the entity holding the information, or when put together with other
information would directly and certainly identify an individual."

 Sensitive personal information refers to personal information:

o Race, ethnic origin, marital status, age, color, and religious, philosophical or
political affiliations;

o Health, education, genetic or sexual life of a person, or to any proceeding for any
offense committed or alleged to have been committed by such person, the disposal
of such proceedings, or the sentence of any court in such proceedings;

o Issued by government agencies peculiar to an individual. E.g. social security


numbers, previous or current health records, licenses or its denials, suspension or
revocation, and tax returns; and

o Specifically established by an executive order or an act of Congress to be kept


classified.

DATA PRIVACY LAW (REPUBLIC ACT 10173)


Provided penalties (up to 5 million as per sec. 33) on the processing of personal
information and sensitive personal information based on the following acts:
 Unauthorized processing (sec. 25)

 Negligence (sec. 26)

 Improper disposal (sec. 27)

 Unauthorized purposes (sec. 28)

 Unauthorized access or intentional breach (sec. 29)

 Concealment of security breaches (sec. 30)

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 Malicious (sec. 31) and

 unauthorized disclosure (sec. 32)

UNAUTHORIZED PROCESSING (SEC. 25)


(a) The unauthorized processing of personal information shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who process personal information without the
consent of the data subject, or without being authorized under this Act or any existing law.
(b) The unauthorized processing of sensitive personal information shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who process personal information without the
consent of the data subject, or without being authorized under this Act or any existing law.
NEGLIGENCE (SEC. 26)

. (a) Accessing personal information due to negligence shall be penalized by imprisonment


ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed
on persons who, due to negligence, provided access to personal information without being
authorized under this Act or any existing law.
(b) Accessing sensitive personal information due to negligence shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who, due to negligence, provided access to
personal information without being authorized under this Act or any existing law.
IMPROPER DISPOSAL (SEC. 27)
(a) The improper disposal of personal information shall be penalized by imprisonment
ranging from six (6) months to two (2) years and a fine of not less than One hundred thousand
pesos (Php100,000.00) but not more than Five hundred thousand pesos (Php500,000.00) shall be
imposed on persons who knowingly or negligently dispose, discard or abandon the personal
information of an individual in an area accessible to the public or has otherwise placed the
personal information of an individual in its container for trash collection.
(b) The improper disposal of sensitive personal information shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not less than One
hundred thousand pesos (Php100,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons who knowingly or negligently dispose, discard
or abandon the personal information of an individual in an area accessible to the public or has
otherwise placed the personal information of an individual in its container for trash collection.
UNAUTHORIZED ACCESS OR INTENTIONAL BREACH (SEC. 29)
The penalty of imprisonment ranging from one (1) year to three (3) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who knowingly and unlawfully, or violating data

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confidentiality and security data systems, breaks in any way into any system where personal and
sensitive personal information is stored.
UNAUTHORIZED ACCESS OR INTEEACHES BREACH (SEC. 29)
The penalty of imprisonment rangine (1) year one (1) year to three (3) years and and a
fine not less than Five hundred thousarsand pesos (Php500,000.00) but not more than Dne
million pesos (Php2,000,000.00) shall be imposed on persons who knowingly ig unlawfully, or
violating data confidentiality and security data systems, breaks in any way into any system where
personal and sensitive personal information is stored.
CONCEALMENT OF SECURITY BREACHES (Sec. 30)
The penalty of imprisonment of one (1) year and six (6) months to five (5) years and a
fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00) shall be imposed on persons who, after having knowledge of a
security breach and of the obligation to notify the Commission pursuant to Section 20(f),
intentionally or by omission conceals the fact of such security breach.
MALICIOUS DISCLOSURE (SECTION 31)
Any personal information controller or personal information processor or any of its
officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false
information relative to any personal information or personal sensitive information obtained by
him or her, shall be subject to imprisonment ranging from one (1) year and six (6) months to five
(5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than One million pesos (Php 1,000,000.00).
UNAUTHORIZED DISCLOSURE (SECTION 32)
(a) Any personal information controller or personal information processor or any of its
officials, employees or agents, who discloses to a third party personal information not covered by
the immediately preceding section without the consent of the data subject, shall he subject to
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00).
(b) Any personal information controller or personal information processor or any of its
officials, employees or agents, who discloses to a third party sensitive personal information not
covered by the immediately preceding section without the consent of the data subject, shall be
subject to imprisonment ranging from three (3) years to five (5) years and a fine of not less than
Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00).
COMBINATION OF VIOLATION (SEC. 33)
Any combination or series of acts as defined in Sections 25 to 32 shall make the person
subject to imprisonment ranging from three (3) years to six (6) years and a fine of not less than
One million pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00).
EXTENT OF LIABILITY (SEC. 34)
If the offender is a corporation, partnership or any juridical person, the penalty shall be
imposed upon the responsible officers, as the case may be, who participated in, or by their gross
negligence, allowed the commission of the crime. If the offender is a juridical person, the court
may suspend or revoke any of its rights under this Act.
If the offender is an alien, he or she shall, in addition to the penalties herein prescribed,
be deported without further proceedings after serving the penalties prescribed.

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If the offender is a public official or employee and lie or she is found guilty of acts
penalized under Sections 27 and 28 of this Act, he or she shall, in addition to the penalties
prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case
may be.
CYBERCRIME PREVENTION ACT OF 2012 (REPUBLIC ACT 10175)
CONFIDENTIALITY, INTEGRITY, AVAILABILITY OF COMPUTER SYSTEMS
(SEC. 4 (A))
1. Illegal access

The access to the whole or any part of a computer system without right.
2. Illegal interception

The interception made by technical means without right of any non-public


transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.
3. Data Interference

Unauthorized alteration, damaging, deletion or deterioration of computer data,


electronic document, or electronic data message, and including the introduction or
transmission of viruses.
Authorized action can also be covered by this provision if the action of the person
went beyond agreed scope resulting to damages stated in this provision.
4. System Interference

Unauthorized hindering or interference with the functioning of a computer or


computer network by inputting, transmitting, damaging, deleting, deteriorating, altering
or suppressing computer data or program, electronic document, or electronic data
messages, and including the introduction or transmission of viruses.
Authorized action can also be covered by this provision if the action of the person
went beyond agreed scope resulting to damages stated in this provision.
PENALTY
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least
Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage
incurred or BOTH.
If committed against critical infrastructure:
Reclusion temporal (imprisonment for twelve years and one day up to twenty
years) or a fine of at least Five hundred thousand pesos (P500,000) up to a maximum
amount commensurate to the damage incurred or BOTH

5. Misuse of devices

 (i) The use, production, sale, procurement, importation, distribution, or otherwise


making available, without right, of:

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(aa) a device, including a computer program, designed or adapted primarily for


the purpose of committing any of the offenses under this Act; or •
(bb) A computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with intent that it be used for
the purpose of committing any of the offenses under this Act.
 (ii) The possession of an item referred to in paragraphs 5(i) (aa) or (bb) above
with the intent to use said devices for the purpose of committing any of the
offenses under this section.

PENALTY
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of not more
than Five hundred thousand pesos (P500,000) or both.
6. Cyber-squatting.

The acquisition of domain name over the Internet in bad faith to profit, mislead,
destroy reputation, and deprive others from the registering the same, if such a domain
name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration;
(ii) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name, and
(iii) Acquired without right or with intellectual property interests in it.
PENALTY
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least
Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage
incurred or BOTH.
If committed against critical infrastructure: - Reclusion temporal (imprisonment for
twelve years and one day up to twenty years) or a fine of at least Five hundred thousand pesos
(P500,000) up to a maximum amount commensurate to the damage incurred or BOTH
COMPUTER-RELATED OFFENSES (SECTION 4B)
1. Computer-related Forgery:
(i) The input, alteration, or deletion of computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined here, for the purpose of perpetuating a fraudulent or dishonest design.
PENALTY
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least
Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage
incurred or BOTH.
2.Computer-related Fraud.
The unauthorized input, alteration, or deletion of computer data or program or
interference in the functioning of a computer system, causing damage thereby with
fraudulent intent; Provided, That if no damage has yet been caused, the penalty imposed
shall be one (1) degree lower.

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PENALTY
Prision mayor (imprisonment of six years and 1 day up to 12 years) or, a fine of at least
Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage
incurred or BOTH.
Provided, That if no damage has yet been caused, the penalty imposed shall be one (1)
degree lower.
3. Computer-related Identity Theft.
The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of
identifying information belonging to another, whether natural or juridical, without right.
Provided, That if no damage has yet been caused, the penalty imposed shall be one (1) degree
lower.
PENALTY
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least
Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage
incurred or BOTH.
CONTENT-RELATED OFFENSES (SECTION 4. C)
1. Cybersex

The willful engagement, maintenance, control, or operation, directly or indirectly,


of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.

PENALTY
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least
Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000) or
BOTH.
2. Child Pornography

The unlawful or prohibited acts defined and punishable by Republic Act No. 9775
or the Anti-Child Pornography Act of 2009, committed through a computer system.
Provided, That the penalty to be imposed shall be one (1) degree higher than that
provided for in Republic Act No. 9775.
STRUCK DOWN BY SUPREME COURT
3. Unsolicited Commercial Communications

The transmission of commercial communication with the use of computer system


which seek to advertise sell, or offer for sale products and services are prohibited
4. Libel.

Unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal
Code, as amended committed through a computer system or any other similar means
which may be devised in the future.
5. Revised Penal Code Art. 355 states Libel means by writings or similar means.

A libel committed by means of writing, printing, lithography, engraving, radio,


phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar

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means, shall be punished by prision correccional in its minimum and medium periods or a
fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may
be brought by the offended party.
penalty
Penalty to be imposed shall be one (1) degree higher than that provided for by the
Revised Penal Code, as amended, and special laws, as the case may be.
1930
Libel is defined under the Revised Penal Code Section 355
Art. 355. Libel means by writings or similar means-A libel committed by means of
writing, printing lithography, engraving, radio, phonograph painting, theatrical exhibition,
cinematographic exhibition, or any similar means shall be punished by prision correccional in its
minimum and medium periods or a fine ranging from 200 to 6.000 pesos, or both in addition to
the civil action which may be brought by the offended party.
Decriminalizing libel requires amending the Revised Penal Code.
2000
E-Commerce Law (Republic Act 8792) empowered all existing laws to recognize
electronic documents as evidence (commercial/ non-commercial).
Libel is a crime in Cybercrime Law Section 4c (4)
2012
Libel-The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended committed through a computer system or any other similar means which
may be devised in the future.
"If a case is filed by a complainant, only 1 case to be prosecuted under Cybercrime Law.
OTHER OFFENSES (SECTION 5)
(a) Aiding or Abetting in the commission of cybercrime

Any person who willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
(b) Attempt in the commission of cybercrime

Any person who willfully attempts to commit any of the offenses enumerated in
this Act shall be held liable.
PENALTY
Imprisonment of one (1) degree lower than that of the prescribed penalty for the offense
or a fine of at least One hundred thousand pesos (P100,000) but not exceeding Five hundred
thousand pesos (P500,000) or both.
Revised Penal Code
Section 6.
All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act. Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and
special laws, as the case may be.
Corporate Liability (Section 9)

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. When any of the punishable acts herein defined are knowingly committed on behalf of or
for the benefit of a juridical person, by a natural person acting either individually or as part of an
organ of the juridical person, who has a leading position within, based on:
(a) a power of representation of the juridical person provided the act committed falls
within the scope of such authority;
(b) an authority to take decisions on behalf of the juridical person. Provided, That the act
committed falls within the scope of such authority; or
(c) an authority to exercise control within the juridical person,
It also includes commission of any of the punishable acts made possible due to the lack of
supervision or control.
PENALTY
For sanctioned actions, Juridical person shall be held liable for a fine equivalent to at
least double the fines imposable in Section 7 up to a maximum of Ten million pesos
(P10,000,000). For neglect such as misuse of computer resources that resulted to cybercrime
committed in organization physical or virtual premises or resources, juridical person shall be
held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a
maximum of Five million pesos (P5,000,000).
Criminal liability may still apply to the natural person.
LAW ENFORCEMENT AUTHORITIES (SECTION 10. LEA)
The National Bureau of Investigation and the Philippine National Police shall be
responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI
and the PNP shall organize a cybercrime unit or center manned by special investigators to
exclusively handle cases involving violations of this Act.
DUTIES OF LEA SECTION 11
To ensure that the technical nature of cybercrime and its prevention is given focus and
considering the procedures involved for international cooperation, law enforcement authorities
specifically the computer or technology crime divisions or units responsible for the investigation
of cybercrimes are required to submit timely and regular reports including pre-operation, post
operation, and investigation results and such other documents as may be required to the
Department of Justice for review and monitoring.
SECTION 12 REAL TIME COLLECTION OF DATA
Struck down by Supreme Court
BASIS FOR COURT WARRANT ISSUANCE

The court warrant under this section shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the witnesses he
may produce and the showing:
(1) that there are reasonable grounds to believe that any of the crimes enumerated herein
above has been committed, or is being committed, is about to be committed;
(2) that there are reasonable grounds to believe that evidence that will be obtained is
essential to the conviction of any person for, or to the solution or, or to the prevention of any
such crimes, and
(3) that there are no other means readily available for obtaining such evidence.
Preservation of Computer Data (Sec.13)

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The integrity of traffic data and subscriber information relating to communication


services provided by a service provider shall be preserved for a minimum of six (6) months
period from the date of the transaction.
Content data shall be similarly preserved for six (6) months from the date of receipt of the
order from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension of another six (6) months.
Provided, That once computer data preserved, transmitted or stored by service provider is used as
evidence in a case, the mere furnishing to such service provider of the transmittal document to
the Office of the Prosecutor or shall be deemed a notification to preserve the 1:09:27 until the
termination of the case.
DISCLOSURE OF COMPUTER DATA (SEC. 14)
Law enforcement authorities, upon securing a court warrant, shall issue an order
requiring any person or service provider to disclose or submit subscriber's information, traffic
data or relevant data in his / its possession or control within seventy-two (72) hours from receipt
of the order in relation to a valid complaint officially docketed and assigned for investigation and
the disclosure is necessary and relevant for the purpose of investigation.
SECTION 15. SEARCH, SEIZURE, EXAMINATION OF COMPUTER DATA.
Where a search and seizure warrant is properly issued, the law enforcement authorities
shall likewise have the following powers and duties. Within the time period specified in the
warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium.
(b) To make and retain a copy of those computer data secured.
(c) To maintain the integrity of the relevant stored computer data.
(d) To conduct forensic analysis or examinations of the computer data storage medium;
and
(e) To render inaccessible or remove those computer data in the accessed computer or
computer and communications network.
SECTION 16. CUSTODY OF COMPUTER DATA
All computer data, including content and traffic data, examined under a proper warrant
shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited
with the court in a sealed package, and shall be accompanies by an affidavit of the law
enforcement authority executing it stating the dates and times covered by the examination, and
the law enforcement authority who access the deposit, among other relevant data.
The law enforcement authority shall also certify that no duplicates or copies of the whole
or any part thereof have been made, or if made, that all such duplicates or copies are included in
the package deposited with the court.
The package so deposited shall not be opened or the recordings replayed, or used in
evidence, or their contents revealed, except upon order of the court, which shall not be granted
except upon motion, with due notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
SECTION 17. DESTRUCTION OF COMPUTER DATA.
Upon expiration of the periods as provided in Sections 13 and 15, service providers and
law enforcement authorities, as the case may be, shall immediately and completely destroy the
computer data subject of a preservation and examination.
SECTION 18. EXCLUSIONARY RULE.

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Any evidence procured without a valid warrant or beyond the authority of the same shall
be inadmissible for any proceeding before any court or tribunal.
SECTION 19. RESTRICTING OR BLOCKING ACCESS TO COMPUTER DATA.
Struck down by the Supreme Court.
SECTION 20. NON-COMPLIANCE.
Failure to comply with the provisions of Chapter IV hereof specifically the orders from
law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829
with imprisonment of prision correccional in its maximum period or a fine of One hundred
thousand pesos (P100,000) or both for each and every non-compliance with an order issued by
law enforcement authorities.
SECTION 21. JURISDICTION
The Regional Trial Court shall have jurisdiction over any violation of the provisions of
this Act including any violation committed by a Filipino national regardless of the place of
commission.

Jurisdiction shall lie if any of the elements was committed within the Philippines or
committed with the use of any computer system wholly or partly situation in the country, or
when by such commission any damage is caused to a natural or juridical person who, at the time
the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges
to handle cybercrime cases.
Sec. 22 International Cooperation
All relevant international instruments on international cooperation in criminal maters,
arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the
widest extent possible for the purposes of investigations or proceedings concerning criminal
offenses related to computer systems and data, or for the collection of evidence in electronic
form of a crim offen shall be given full force and effect.

CHAPTER VI
Man and Environment
Man and environment are inter-related. The environment influences the life of human
beings and also human beings modify their environment as a result of their growth,
dispersal, activities, death and decay etc. Thus, all living beings include man and their
environment are mutually reactive affecting each other in a number of ways and
dynamic equilibrium is possible between the two, i.e. human beings (society) and
environment are interdependent.
The different social structure like industrial, agricultural, religious, aesthetic etc. have
developed during various stages of human civilization and these structures represents
human being’s accumulated cultural resources based on natural environment.
If the natural environment helped in the development of different structures of the
society on the hand, the existence and quality of environment now rest on the
responses of these social structures to the environment in the other hand.
The burning issue like quality of environment, disruption of earth’s natural ecosystem,
environmental degradation and pollution, ecological imbalances, depletion of resources

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etc. can be approached and solved only after considering the value judgements which
may be determined by taking into account the consequences of ‘environmental
improvement program on the entire society and society’s response towards the
improvement program. Actually, all these depend on the interest and desire of the
society in improving the quality environment.
The interaction between environment and society depends largely on the social and
political system. Even the capitalistic and socialistic systems perceptions and reactions
to the environment are quite different. The different interactions are due to uneven
distribution of natural resources, uneven economic and social development, dissimilarity
of demographic resources, varying view points of the governments and individuals
towards environment etc.
Continuous and exceedingly increasing rate of rapacious exploitation of natural
resources, industrialization, technological growth, unplanned urbanization and
profitoriented capitalism by the developed western world are responsible for grave
environmental crisis and ecological imbalance not confined to their countries but to the
whole world.
The socialistic system of government gives more emphasis on the social importance of
natural resources and environmental problems and the urgent need to tackle, these
problems. Marxism preaches to organize society’s control over the rapacious
exploitation of natural resources and to develop harmony between man and nature. The
emphasis on rational exploitation of natural resources and ecological balance was in the
constitution of USSR.
The changes in the relationship between man and environment depend upon the
change in organization and attitude of society. To improve environmental standards and
to maintain ecological balance, the followings are some issues before the present
civilized society.
1. Rapid population explosion
2. Rational use of non-polluted water resources
3. To sustain and increase agricultural growth
4. To check soil erosion
5. Restoration of forest resources
6.To check pollution
In addition, continuous green-house gas emission, hazardous chemicals of industry and
agriculture, nuclear arsenals; radioactive waste and biotechnological misuse lead to
global catastrophism. So, the prevention of pollution is of prime importance for the
present society. Considering the above issues, it is clear that the fate of human being
depends on how he is managing and overcoming the above problems.
Meaning of Environment

Environment is everything that is around us. It can be living or non-living things. It


includes physical, chemical and other natural forces. Living things live in their
environment. They constantly interact with it and adapt themselves to conditions in their
environment.

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Environment is the sum total of all surroundings of living organism, including natural
forces and other living things. Both biotic and abiotic components from environment.
These two components interact with each other and they are interdependent. The
environment consists of the interactions among plants, animals, soil, water,
temperature, light, and other living and non-living things.
Environment Can Be Categorized as:

1. Built Environment

This refers to the human-made surroundings that provided the setting for human
activity. It encompasses places and spaces created or modified by people including
buildings, parks or green spaces and supporting infrastructures such as water supply, or
energy networks, transportation systems etc.
Built environment is shaped by: a.
Climate and geology
b. Economy
c. Government
d. Culture and fashion
e. Technology
f. Customers
2. Natural Environment

This includes all living and non-living things occurring naturally on Earth. It is often used
as a synonym for habitat. For instance, the savanna is the natural environment of
giraffes.
Composition of Natural Environment:
a. Lithosphere: It is the rigid outermost shell of a rocky planet defined on the basis
of the mechanical properties.

b. Hydrosphere: It refers to the combined mass of water found on, under, and over
the surface of the planet. Ocean, rivers, lakes, ponds and as whole all the water body of
the earth.

c. Atmosphere: The atmosphere of the earth is a layer of gases surrounding the


planet Earth that is retained by Earth’s gravity. The atmosphere protects life on Earth by
absorbing ultraviolet solar radiation, warming the surface through greenhouse effect,
and reducing temperature extremes between day and night.

d. Biosphere: It is the global sum of all ecosystems. It can also be termed the zone
of life on Earth, a closed system and largely self-regulating. It is the global ecological
system integrating all living beings and their relationships.

3. Social Environment

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It refers to the immediate physical and social setting in which people live or in which
something happens or develops. It includes the culture that the individual was educated
or lives in, and the people and institutions with whom they interact. The interaction may
be in person or through communication media, even anonymous or one-way and may
not imply equality of social status. Social environment includes culture, language, social
condition, health, profession, living condition, economic capability of the people in a
certain area.
Types of Environmental Adaptations

Organisms, from microbes to plants and animals, inhabit environments that can change
to become drier, hotter, colder, more acidic, darker and sunnier with an almost infinite
number of variables. Organisms with genetic advantages, such as a mutation that helps
them survive the new conditions, pass down the change to descendants, and it
becomes prevalent in the population to be expressed as an adaptation.
I - Structural

An organism's environment shapes its appearance through structural adaptations.


Desert foxes have large ears for heat radiation and Arctic foxes have small ears to
retain body heat. Seals have flippers to navigate water and raccoons have separate,
flexible digits to manipulate food. White polar bears blend into ice floes and spotted
jaguars into the speckled jungle shade. Trees may have corky bark to protect from
wildfires. Structural modifications affect organisms at different levels, from the way a
knee is hinged to the presence of large flight muscles and sharp eyesight for predatory
birds.
Il - Physiological

Based on body chemistry and metabolism, physiological adaptations usually don't show
from the outside. They consist of things like more efficient kidneys for desert animals
like kangaroo rats, compounds that prevent blood coagulation in mosquito saliva, or the
presence of toxins in plant leaves to repel herbivores. Laboratory studies that measure
the contents of blood, urine and other body fluids, that trace metabolic pathways, or
microscopic studies of an organism's tissues are often necessary to identify
physiological adaptations. Sometimes detecting them is difficult if there isn't a common
ancestor or a closely related species with which to compare findings.
III - Behavioral

Adaptations that affect how an organism acts are called behavioral adaptations. Bears
hibernate to escape cold; birds and whales migrate to warmer winter climates. Desert
animals are active at night during hot summer weather. Lizards seek a sunny spot in the
morning to warm up to operating temperatures more quickly. A nesting killdeer will
pretend to be injured to lure a predator away from her young. Behavioral adaptations
that involve mating procedures, such as that exhibited by the Australian bowerbird, can
be amazingly complex. Often behavioral adaptations take careful field and laboratory
studies to bring them fully to light, and often involve physiological mechanisms as well.
Humans employ cultural adaptations as a subset of behavioral adaptations, where
people who live in a given environment learn ways of raising the food they need and
coping with the particular given climate.

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Some possible ways of tackling the problems and maintaining environmental standard
1. Taking effective measures for population control.
2. Optimum use of natural resources.
3. Conserving and protecting biodiversity.
4. Creating public awareness about the benefits and implications of environment.
5. Giving top priority for environmental protection.
6. Developing ecofriendly technological processes.
7. Promoting sustainable agriculture which will not harm the environment.
8. Using bio-fertilizer or ecofriendly fertilizers.
9. Using minimum amount of pesticides and insecticides.
10. Developing waste land by adopting afforestation programs.
11. Developing suitable biotechnology to clean up hazardous wastes in the
environment. 12. Choosing suitable technique to treat the pollutants before their
discharge into environment.
Human-Environmental Interactions

Human Environmental Interactions can be defined as interactions between the human


social system and (the "rest" of) the ecosystem.
Human social systems and ecosystems are complex adaptive systems (Marten, 2001).
Complex because ecosystems and human social systems have many parts and many
connections between these parts. Adaptive because they have feedback structures that
promote survival in a constantly changing environment.
Human social system

In order to analyze Human Environmental Interactions, it is important to be aware of


specific characteristics of the human social system. The type of society strongly
influences people's attitude towards nature, their behavior, and therefore their impact on
ecosystems. Important characteristics of human social systems are population size,
social organization, values, technology, wealth, education, knowledge, and many more.
Especially values and knowledge strongly influence people’s "view of life" and
consequently define the way people act. The choice of possible actions is then limited
by the available technology.
People modify the environment for their purposes and obtain benefits (Ecosystem for
Services) from it. These Ecosystem Services are essential for human well-being and
include for example the provision of resources and many like water, timber, food,
energy, information, land for farming, and many more. Obviously by using these
resources people affect the environment in a lot of ways. Furthermore, people often
reorganize existing ecosystem to achieve new ones that seem to be more effective in
serving their needs.
Coevolution and Coadaptation

The terms coevolution and coadaptation describe the never-ending process of mutual
adjustment and change between human social systems and the environment. People

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actions have consequences on the environment. But also the environment influences
human activities. Human social systems have to adapt to their specific environment.
Natural phenomena like storms, earthquakes force people to react. These natural
phenomena can either be directly or not primarily caused by human actions and again
influence human behavior as people have to respond to a new situation.
Human overpopulation & Effects of human overpopulation

David Attenborough described the level of human population on the planet as a


multiplier of all other environmental problems. In 2013, he described humanity as (a
plague on the Earth) that needs to be controlled by limiting population growth. Some
deep ecologists, such as the radical thinker and polemicist Pentti Linkola, see human
overpopulation as a threat to the entire biosphere. In 2017, over 15,000 scientists
around the world issued a second warning to humanity which asserted that rapid human
population growth is the primary driver behind many ecological and even societal
threats.)
Overconsumption

Overconsumption is a situation where resource use has outpaced the sustainable


capacity of the ecosystem. A prolonged pattern of overconsumption leads to
environmental degradation and the eventual loss of resource bases.
Humanity's overall impact on the planet is affected by many factors besides the raw
number of people. Their lifestyle (including overall affluence and resource utilization)
and the pollution they generate (including carbon footprint) are equally important. In
2008, The New York Times stated that the inhabitants of the developed nations of the
world consume resources like oil and metals at a rate almost 32 times greater than
those of the developing world, who make up the majority of the human population.
The effects of overpopulation are compounded by overconsumption. According to Paul
R. Ehrlich:
Rich western countries are now siphoning up the planet's resources and destroying its
ecosystems at an unprecedented rate. We want to build highways across the Serengeti
to get more rare earth minerals for our cellphones. We grab all the fish from the sea,
wreck the coral reefs and put carbon dioxide into the atmosphere. We have triggered a
major extinction event. A world population of around a billion would have an overall pro-
life effect. This could be supported for many millennia and sustain many more human
lives in the long term compared with our current uncontrolled growth and prospect of
sudden collapse. If everyone consumed resources at the US level which is what the
world aspires to you will need another four or five Earths. We are wrecking our planet's
life support systems. Humanity has caused the loss of 83% of all wild mammals and half
of plants. The world's chickens are triple the weight of all the wild birds, while
domesticated cattle and pigs outweigh all wild mammals by 14 to 1.

Technology

The applications of technology often result in unavoidable and unexpected


environmental impacts, which according to the I = PAT equation is measured as

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resource use or pollution generated per unit GDP. Environmental impacts caused by the
application of technology are often perceived as unavoidable for several reasons.
First, given that the purpose of many technologies is to exploit, control, or otherwise
"improve" upon nature for the perceived benefit of humanity while at the same time the
myriad of processes in nature have been optimized and are continually adjusted by
evolution, any disturbance of these natural processes by technology is likely to result in
negative environmental consequences. Second, the conservation of mass principle and
the first law of thermodynamics (i.e., conservation of energy) dictate that whenever
material resources or energy are moved around or manipulated by technology,
environmental consequences are inescapable. Third, according to the second law of
thermodynamics, order can be increased within a system (such as the human economy)
only by increasing disorder or entropy outside the system (i.e ., the environment). Thus,
technologies can create "order" in the human economy (i.e ., order as manifested in
buildings, factories, transportation networks, communication systems, etc.) only at the
expense of increasing "disorder" in the environment. According to a number of studies,
increased entropy is likely to be correlated to negative environmental impacts.
EXPLAIN
Given the fact that technology helps as in many ways, such as making our work easier and faster
we can’t still deny that there are negative impact of this.
We all know that technologies are created with different purpose, such as in farming. Adda
awawagan da nga riper, so dijay riper alalisto ti ubra tayo pero kadijay maapektaran ti
encironment. So jay daga maperdi. And another one is, transportation. Ti kinaadot luganen,
alalisto tay tlga makadanun ti papanan tayo pero detoy ket agproduce met ti asok so it is
considered nga air pollution. The consequences of air pollution include negative health impacts
for humans and animals and global warming, whereby the increased amount of greenhouse gases
in the air trap thermal energy in the Earth’s atmosphere and cause the global temperature to rise.
 Disrupting ecology - Clearing land where animals used to live to build factories and
allowing pollution to contaminate the food chain can greatly affect the environment's
natural cycles.
 Health hazards - Using toxic materials that can harm our health can cause cancer,
and technology addiction can lead to other health problems like obesity and carpal
tunnel syndrome.

Despite the negative impact of technology on environment, a recent rise in global concern
for climate change has led to the development of new environmental technology aiming to
help solve some of the biggest environmental concerns that we face as a society through a
shift towards a more sustainable, low-carbon economy
While some of the impact of computers and the Internet has unfortunately been
negative, much of it has also been positive.
Renewable Energy. Modern environmental technology has enabled us to capture this naturally
occurring energy and convert it into electricity or useful heat through devices such as solar
panels, wind and water turbines, which reflects a highly positive impact of technology on the
environment.
Electric vehicles demonstrate a positive impact of technology on the environment because they
do not produce carbon emissions, which contribute towards the ‘greenhouse effect’ and leads to

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global warming. Furthermore, they do not contribute to air pollution, meaning they are cleaner
and less harmful to human health, animals, plants, and water.
 It helps us develop and produce new materials and technologies that are sustainable
and do not harm the environment, so we can eventually stop using ones that do harm
it
 It allow us to monitor and study our environment to better understand how it works
and the impact of our actions on it
 It helps us create smarter technologies that respond to how we use them and adjust
themselves to reduce their environmental impact, such as lights that can sense when
no one is in the room and automatically turn off
 It allows us to have a worldwide virtual laboratory, so that experts from all fields can
share their research, experience and ideas to come up with better, smarter solutions.
Not only does this allow people far away from each other to work together, but it
also reduces the environmental impact people would normally cause from traveling
to meet with each other
 It allows for paperless communication like email and online bill paying to reduce
the amount of trees cut down
Sometimes people can get so excited about using a new technology that they overlook the
negative impact on the environment. But, it's very important that we use technology in the
smartest and most responsible manner, so that we are solving problems, not creating more for
the future.
Environmental impact of agriculture

The environmental impact of agriculture varies based on the wide variety of agricultural
practices employed around the world. Ultimately, the environmental impact depends on
the production practices of the system used by farmers. The connection between
emissions into the environment and the farming system is indirect, as it also depends on
other climate variables such as rainfall and temperature.
There are two types of indicators of environmental impact: "means-based", which is
based on the farmer's production methods, and "effect-based", which is the impact that
farming methods have on the farming system or on emissions to the environment. An
example of a means-based indicator would be the quality of groundwater that is affected
by the amount of nitrogen applied to the soil. An indicator reflecting the loss of nitrate to
groundwater would be effect-based. The environmental impact of agriculture involves a
variety of factors from the soil, to water, the air, animal and soil diversity, plants, and the
food itself. Some of the environmental issues that are related to agriculture are climate
change, deforestation, genetic engineering, irrigation problems, pollutants, soil
degradation, and waste.
Fishing - Environmental impact of fishing
The environmental impact of fishing can be divided into issues that involve the
availability of fish to be caught, such as overfishing, sustainable fisheries, and fisheries
management; and issues that involve the impact of fishing on other elements of the
environment, such as by-catch and destruction of habitat such as coral reefs.
These conservation issues are part of marine conservation, and are addressed in
fisheries science programs. There is a growing gap between how many fish are

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available to be caught and humanity's desire to catch them, a problem that gets worse
as the world population grows.
Similar to other environmental issues, there can be conflict between the fishermen who
depend on fishing for their livelihoods and fishery scientists who realize that if future fish
populations are to be sustainable then some fisheries must reduce or even close.
The journal Science published a four-year study in November 2006, which predicted
that, at prevailing trends, the world would run out of wild-caught seafood in 2048. The
scientists stated that the decline was a result of overfishing, pollution and other
environmental factors that were reducing the population of fisheries at the same time as
their ecosystems were being degraded. Yet again the analysis has met criticism as
being fundamentally flawed, and many fishery management officials, industry
representatives and scientists challenge the findings, although the debate continues.
Many countries, such as Tonga, the United States, Australia and New Zealand, and
international management bodies have taken steps to appropriately manage marine
resources.
Irrigation - Environmental impact of irrigation

The environmental impact of irrigation includes the changes in quantity and quality of
soil and water as a result of irrigation and the ensuing effects on natural and social
conditions at the tail-end and downstream of the irrigation scheme.
The impacts stem from the changed hydrological conditions owing to the installation and
operation of the scheme.
An irrigation scheme often draws water from the river and distributes it over the irrigated
area. As a hydrological result it is found that: a. the downstream river discharge is
reduced
b. the evaporation in the scheme is increased
c. the groundwater recharge in the scheme is increased
d. the level of the water table rises
e. the drainage flow is increased.
Effects on soil and water quality are indirect and complex, and subsequent impacts on
natural, ecological and socioeconomic conditions are intricate. In some, but not all
instances, water logging and soil salinization can result. However, irrigation can also be
used, together with soil drainage, to overcome soil salinization by leaching excess salts
from the vicinity of the root zone. Irrigation can also be done extracting groundwater by
(tube)wells. As a hydrological result it is found that the level of the water descends. The
effects may be water mining, land/soil subsidence, and, along the coast, saltwater
intrusion.
Irrigation projects can have large benefits, but the negative side effects are often
overlooked. Agricultural irrigation technologies such as high powered water pumps,
dams, and pipelines are responsible for the large-scale depletion of fresh water
resources such as aquifers, lakes, and rivers. As a result of this massive diversion of
freshwater, lakes, rivers, and creeks are running dry, severely altering or stressing
surrounding ecosystems, and contributing to the extinction of many aquatic species.

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Agricultural land loss and soil erosion

Lal and Stewart estimated the global loss of agricultural land by degradation and
abandonment at 12 million hectares per year. In contrast, according to Scherr, GLASOD
(Global Assessment of Human-Induced Soil Degradation, under the UN Environment
Programme) estimated that 6 million hectares of agricultural land per year had been lost
to soil degradation since the mid-1940s, and she noted that this magnitude is similar to
earlier estimates by Dudal and by Rozanov et al. Such losses are attributable not only to
soil erosion but also to salinization, loss of nutrients and organic matter, acidification,
compaction, waterlogging and subsidence.] Human-induced land degradation tends to
be particularly serious in dry regions. Focusing on soil properties, Oldeman estimated
that about 19 million square kilometers of the global land area had been degraded;
Dregne and Chou, who included degradation of vegetation cover as well as soil,
estimated about 36 million square kilometers degraded in the world's dry regions.
Despite estimated losses of agricultural land, the amount of arable land used in crop
production globally increased by about 9% from 1961 to 2012 and is estimated to have
been 1.396 billion hectares in 2012.
Global average soil erosion rates are thought to be high, and erosion rates on
conventional cropland generally exceed estimates of soil production rates, usually by
more than an order of magnitude. In the US, sampling for erosion estimates by the US
NRCS (Natural Resources Conservation Service) is statistically based, and estimation
uses the Universal Soil Loss Equation and Wind Erosion Equation. For 2010, annual
average soil loss by sheet, rill and wind erosion on non-federal US land was estimated
to be 10.7 t/ha on cropland and 1.9 t/ha on pasture land; the average soil erosion rate
on US cropland had been reduced by about 34% since 1982. No-till and low-till
practices have become increasingly common on North American cropland used for
production of grains such as wheat and barley. On uncultivated cropland, the recent
average total soil loss has been 2.2 t/ha per year. In comparison with agriculture using
conventional

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cultivation, it has been suggested that, because no-till agriculture produces erosion rates much
closer to soil production rates, it could provide a foundation for sustainable agriculture.
Meat production - Environmental impact of meat production

Environmental impacts associated with meat production include use of fossil energy, water and
land resources, greenhouse gas emissions, and in some instances, rainforest clearing, water
pollution and species endangerment, among other adverse effects. Steinfeld et al. of the FAO
estimated that 18% of global anthropogenic GHG (greenhouse gas) emissions (estimated as
100-year carbon dioxide equivalents) are associated in some way with livestock production. A
more recent FAO analysis estimated that all agriculture, including the livestock sector, in 2011
accounted for 12% of global anthropogenic GHG emissions expressed as 100year carbon
dioxide equivalents. Similarly, the Intergovernmental Panel on Climate Change has estimated
that about 10 to 12% of global anthropogenic GHG emissions (expressed as 100-year carbon
dioxide equivalents) were assignable to all of agriculture, including the livestock sector, in 2005
and again in 2010. The percentage assignable to livestock would be some fraction of the
percentage for agriculture. The amount assignable to meat production would be some fraction
of that assigned to livestock. FAO data indicate that meat accounted for 26% of global
livestock product tonnage in 2011. However, many estimates use different sectoral assignment
of some emissions. Environmental specialists Jeff Anhang and Robert Goodland with the IFC
and World Bank, have put the GHG associated with livestock at 51%, pointing out the FAO
report failed to account for the 8,769 metric tons of respiratory CO, produced each year,
undercounted methane production and land use associated with livestock, and failed to
properly categorize emissions related to the slaughtering, processing, packaging, storing and
transporting of animals and animal products.
Globally, enteric fermentation (mostly in ruminant livestock) accounts for about 27% of
anthropogenic methane emissions, Despite methane's 100-year global warming potential,
recently estimated at 28 without and 34 with climate carbon feedbacks, methane emission is
currently contributing relatively little to global warming. Over the decade 2000 through 2009,
atmospheric methane content increased by an average of only 6 Tg per year (because nearly
all natural and anthropogenic methane emission was offset by degradation), while atmospheric
carbon dioxide increased by nearly 15,000 Tg per year. At the currently estimated rate of
methane degradation, slight reduction of anthropogenic methane emissions, to about 98% of
that decade's average, would be expected to result in no further increase of atmospheric
methane content. Although reduction of methane emissions would have a rapid effect on
warming, the expected effect would be small. Other anthropogenic GHG emissions associated
with livestock production include carbon dioxide from fossil fuel consumption (mostly for
production, harvesting and transport of feed), and nitrous oxide emissions associated with use
of nitrogenous fertilizers, growing of nitrogen-fixing legume vegetation and manure
management. Management practices that can mitigate GHG emissions from production of
livestock and feed have been identified.
EFFECTS:
Climate Change, Consumption of Natural Resources and Environmental Population
Palm oil

Palm oil, produced from the oil palm, is a basic source of income for many farmers in
Southeast Asia, Central and West Africa, and Central America. It is locally used as cooking oil,
exported for use in much commercial food and personal care products, and is converted into
biofuel. It produces up to 10 times more oil per unit area as soybeans, rapeseed, or
sunflowers. Oil palms produce 38% of vegetable oil output on 5% of the world's vegetable-oil
farmland. Palm oil is under increasing scrutiny in relation to its effects on the environment.
EFFECTS:
Deforestation, Pollution, Loss of Biodiversity, Global Warming
Introductions and invasive species

Introductions of species, particularly plants into new areas by whatever means and for
whatever reasons have brought about major and permanent changes to the environment over
large areas. Examples include the introduction of Caulerpa taxifolia into the Mediterranean, the
introduction of oat species into the California grasslands, and the introduction of privet, kudzu,
and purple loosestrife to North America. Rats, cats, and goats have radically altered
biodiversity in many islands. Additionally, introductions have resulted in genetic changes to
native fauna where interbreeding has taken place, as with buffalo with domestic cattle, and
wolves with domestic dogs.
EXPLAIN: for pest control
EFFECT: impact the agriculture, forestry and fishing (can affect farm)

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Energy industry - Environmental impact of the energy industry

The environmental impact of energy harvesting and consumption is diverse. In recent years
there has been a trend towards the increased commercialization of various renewable energy
sources.
In the real world, the consumption of fossil fuel resources leads to global warming and climate
change. However, little change is being made in many parts of the world. If the peak oil theory
proves true, more explorations of viable alternative energy sources could be more friendly to
the environment.
Rapidly advancing technologies can achieve a transition of energy generation, water and
waste management, and food production towards better environmental and energy usage
practices using methods of systems ecology and industrial ecology.
BENEFITS: supports energy used (machines, technologies)
EFFECT: global warming
SPECIFIC WAY: turn off the lights when not needed
Biodiesel - Environmental impact of biodiesel

The environmental impact of biodiesel includes energy use, greenhouse gas emissions and
some other kinds of pollution. A joint life cycle analysis by the US
Department of Agriculture and the US Department of Energy found that substituting 100%
biodiesel for petroleum diesel in buses reduced life cycle consumption of petroleum by 95%.
Biodiesel reduced net emissions of carbon dioxide by 78.45%, compared with petroleum
diesel. In urban buses, biodiesel reduced particulate emissions 32 percent, carbon monoxide
emissions 35 percent, and emissions of sulfur oxides 8%, relative to life cycle emissions
associated with use of petroleum diesel. Life cycle emissions of hydrocarbons were 35%
higher and emission of various nitrogen oxides (NOx) were 13.5% higher with biodiesel. Life
cycle analyses by the Argonne National Laboratory have indicated reduced fossil energy use
and reduced greenhouse gas emissions with biodiesel, compared with petroleum diesel use.
Biodiesel derived from various vegetable oils (e.g. canola or soybean oil), is readily
biodegradable in the environment compared with petroleum diesel.
BIODIESEL – renewable energy came from oil, vegetable
EFFECT: It lessens the used of fossil fuels, produce good air quality, and it makes the
environment safer
Coal mining and burning - Environmental impact of coal mining and burning

The environmental impact of coal mining and -burning is diverse. Legislation passed by the US
Congress in 1990 required the United States Environmental Protection Agency (EPA) to issue
a plan to alleviate toxic air pollution from coal-fired power plants. After delay and litigation, the
EPA now has a court-imposed deadline of March 16, 2011, to issue its report.
Electricity generation - Environmental impact of electricity generation

The environmental impact of electricity generation is significant because modern society uses
large amounts of electrical power. This power is normally generated at power plants that
convert some other kind of energy into electricity. Each such system has advantages and
disadvantages, but many of them pose environmental concerns.
EFFECT: Climate Change
Nuclear power - Environmental impact of nuclear power

The environmental impact of nuclear power results from the nuclear fuel cycle processes
including mining, processing, transporting and storing fuel and radioactive fuel waste.
Released radioisotopes pose a health danger to human populations, animals and plants as
radioactive particles enter organisms through various transmission routes.
Radiation is a carcinogen and causes numerous effects on living organisms and systems. The
environmental impacts of nuclear power plant disasters such as the Chernobyl disaster, the
Fukushima Daiichi nuclear disaster and the Three Mile Island accident, among others, persist
indefinitely, though several other factors contributed to these events including improper
management of failsafe systems and natural disasters putting uncommon stress on the
generators. The radioactive decay rate of particles varies greatly, dependent upon the nuclear
properties of a particular isotope. Radioactive Plutonium-244 has a half-life of 80.8 million
years, which indicates the time duration required for half of a given sample to decay, though
very little plutonium-244 is produced in the nuclear fuel cycle and lower half-life materials have
lower activity thus giving off less dangerous radiation.
Oil shale industry - Environmental impact of the oil shale industry

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The environmental impact of the oil shale industry includes the consideration of issues such as
land use, waste management, and water and air pollution caused by the extraction and
processing of oil shale. Surface mining of oil shale deposits causes the usual environmental
impacts of open-pit mining. In addition, the combustion and thermal processing generate waste
material, which must be disposed of, and harmful atmospheric emissions, including carbon
dioxide, a major greenhouse gas. Experimental in-situ conversion processes and carbon
capture and storage technologies may reduce some of these concerns in future, but may raise
others, such as the pollution of groundwater.
Petroleum - Environmental impact of petroleum

The environmental impact of petroleum is often negative because it is toxic to almost all forms
of life. Petroleum, a common word for oil or natural gas, is closely linked to virtually all aspects
of present society, especially for transportation and heating for both homes and for commercial
activities.
Reservoirs - Environmental impact of reservoirs

The environmental impact of reservoirs is coming under ever increasing scrutiny as the world
demand for water and energy increases and the number and size of reservoirs increases.
Dams and the reservoirs can be used to supply drinking water, generate hydroelectric power,
increasing the water supply for irrigation, provide recreational opportunities and flood control.
However, adverse environmental and sociological impacts have also been identified during
and after many reservoir constructions. Although the impact varies greatly between different
dams and reservoirs, common criticisms include preventing sea-run fish from reaching their
historical mating grounds, less access to water downstream, and a smaller catch for fishing
communities in the area. Advances in technology have provided solutions to many negative
impacts of dams but these advances are often not viewed as worth investing in if not required
by law or under the threat of fines. Whether reservoir projects are ultimately beneficial or
detrimental-to both the environment and surrounding human populations- has been debated
since the 1960s and probably long before that. In 1960 the construction of Llyn Celyn and the
flooding of Capel Celyn provoked political uproar which continues to this day. More recently,
the construction of Three Gorges Dam and other similar projects throughout Asia, Africa and
Latin America have generated considerable environmental and political debate.

Wind power - Environmental impact of wind power

Compared to the environmental impact of traditional energy sources, the environmental impact
of wind power is relatively minor. Wind powered electricity generation consumes no fuel, and
emits no air pollution, unlike fossil fuel power sources. The energy consumed to manufacture
and transport the materials used to build a wind power plant is equal to the new energy
produced by the plant within a few months. While a wind farm may cover a large area of land,
many land uses such as agriculture are compatible, with only small areas of turbine
foundations and infrastructure made unavailable for use. There are reports of bird and bat
mortality at wind turbines, as there are around other artificial structures. The scale of the
ecological impact mayor may not be significant, depending on specific circumstances.
Prevention and mitigation of wildlife fatalities, and protection of peat bogs, affect the siting and
operation of wind turbines.
Affects hearing.
Light pollution - Ecological light pollution

Artificial light at night is one of the most obvious physical changes that humans have made to
the biosphere and is the easiest form of pollution to observe from space. The main
environmental impacts of artificial light are due to light's use as an information source (rather
than an energy source). The hunting efficiency of visual predators generally increases under
artificial light, changing predator-prey interactions. Artificial light also affects dispersal,
orientation, migration, and hormone levels, resulting in disrupted circadian rhythms.
Manufactured products

Cleaning agents - Environmental impact of cleaning agents

The environmental impact of cleaning agents is diverse. In recent years, measures have been
taken to reduce these effects.
Nanotechnology - Nanotechnology's environmental impact can be split into two aspects: the
potential for nanotechnological innovations to help improve the environment, and the possibly
novel type of pollution that nanotechnological materials might cause if released into the

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environment. As nanotechnology is an emerging field, there is great debate regarding to what


extent industrial and commercial use of nanomaterials will affect organisms and ecosystems.
("nanotech") is manipulation of matter on an atomic, molecular, and supramolecular scale.
The earliest, widespread description of nanotechnology referred to the particular technological
goal of precisely manipulating atoms and molecules for fabrication of macroscale products,
also now. referred to as molecular nanotechnology.
Paint - The environmental impact of paint is diverse. Traditional painting materials and
processes can have harmful effects on the environment, including those from the use of lead
and other additives. Measures can be taken to reduce environmental impact, including
accurately estimating paint quantities so that wastage is minimized, use of paints, coatings,
painting accessories and techniques that are environmentally preferred. The United States
Environmental Protection Agency guidelines and Green Star ratings are some of the standards
that can be applied.
EFFECT: led poisoning
Paper - Environmental impact of paper

The environmental impact of paper is significant, which has led to changes in industry and
behavior at both business and personal levels. With the use of modern technology such as the
printing press and the highly mechanized harvesting of wood, paper has become a cheap
commodity. This has led to a high level of consumption and waste. With the rise in
environmental awareness due to the lobbying by environmental organizations and with
increased government regulation there is now a trend towards sustainability in the pulp and
paper industry.
Plastics - Plastic & Environmental effects

Some scientists suggest that by 2050 there could be more plastic than fish in the oceans.
Pesticides - The environmental impact of pesticides is often greater than what is intended by
those who use them. Over 98% of sprayed insecticides and 95% of herbicides reach a
destination other than their target species, including non-target species, air, water, bottom
sediments, and food. Pesticide contaminates land and water when it escapes from production
sites and storage tanks, when it runs off from fields, when it is discarded, when it is sprayed
aerially, and when it is sprayed into water to kill algae. The amount of pesticide that migrates
from the intended application area is influenced by the particular chemical's properties: its
propensity for binding to soil, its vapor pressure, its water solubility, and its resistance to being
broken down over time. Factors in the soil, such as its texture, its ability to retain water, and the
amount of organic matter contained in it, also affect the amount of pesticide that will leave the
area. Some pesticides contribute to global warming and the depletion of the ozone layer.
Affects the nutrient of the soil, air pollution (farmer’s misused of pesticide)
Pharmaceuticals and personal care products - Environmental impact of pharmaceuticals
and personal care products

The environmental impact of pharmaceuticals and personal care products (PPCPs) is largely
speculative. PPCPs are substances used by individuals for personal health or cosmetic
reasons and the products used by agribusiness to boost growth or health of livestock. PPCPs
have been detected in water bodies throughout the world. The effects of these chemicals on
humans and the environment are not yet known, but to date there is no scientific evidence that
they affect human health.
Mining - Environmental impact of mining

The environmental impact of mining includes erosion, formation of sinkholes, loss of


biodiversity, and contamination of soil, groundwater, and surface water by chemicals from
mining processes. In some cases, additional forest logging is done in the vicinity of mines to
increase the available room for the storage of the created debris and soil. Besides creating
environmental damage, the contamination resulting from the leakage of chemicals also affects
the health of the local population. Mining companies in some countries are required to follow
environmental and rehabilitation codes, ensuring the area mined is returned to close to its
original state. Some mining methods may have significant environmental and public health
effects. Water pollution, poison, respiratory failure
Transport - Environmental impact of transport

The environmental impact of transport is significant because it is a major user of energy, and
burns most of the world's petroleum. This creates air pollution, including nitrous oxides and
particulates, and is a significant contributor to global warming through the emission of carbon
dioxide, for which transport is the fastest-growing emission sector. By subsector, road transport
is the largest contributor to global warming. Environmental regulations in developed countries

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have reduced the individual vehicle’s emission; however, this has been offset by an increase in
the number of vehicles and more use of each vehicle. Some pathways to reduce the carbon
emissions of road vehicles considerably have been studied. Energy use and emissions vary
largely between modes, causing environmentalists to call for a transition from air and road to
rail and humanpowered transport, and increase transport electrification and energy efficiency.
Effect: Degradation of air quality
Aviation - Environmental impact of aviation

The environmental impact of aviation occurs because aircraft engines emit noise, particulates,
and gases which contribute to climate change and global dimming. Despite emission
reductions from automobiles and more fuel-efficient and less polluting turbofan and turboprop
engines, the rapid growth of air travel in recent years contributes to an increase in total
pollution attributable to aviation. In the EU, greenhouse gas emissions from aviation increased
by 87% between 1990 and 2006. Among other factors leading to this phenomenon are the
increasing number of hypermobile travellers and social factors that are making air travel
commonplace, such as frequent flyer programs. There is an ongoing debate about possible
taxation of air travel and the inclusion of aviation in an emissions trading scheme, with a view
to ensuring that the total external costs of aviation are taken into account.
Roads - Environmental impact of roads

The environmental impact of roads includes the local effects of highways (public roads) such
as on noise, light pollution, water pollution, habitat destruction/disturbance and local air quality;
and the wider effects including climate change from vehicle emissions. The design,
construction and management of roads, parking and other related facilities as well as the
design and regulation of vehicles can change the impacts to varying degrees.
Shipping - The environmental impact of shipping includes greenhouse gas emissions and oil
pollution. In 2007, carbon dioxide emissions from shipping were estimated at 4 to 5% of the
global total, and estimated by the International Maritime Organization (IMO) to rise by up to
72% by 2020 if no action is taken. There is also a potential for introducing invasive species into
new areas through shipping, usually by attaching themselves to the ship>s hull.
The First Intersessional Meeting of the IMO Working Group on Greenhouse Gas Emissions
from Ships took place in Oslo, Norway on 23-27 June 2008. It was tasked with developing the
technical basis for the reduction mechanisms that may form part of a future IMO regime to
control greenhouse gas emissions from international shipping, and a draft of the actual
reduction mechanisms themselves, for further consideration by IMO's Marine Environment
Protection Committee (MEPC).
Military - General military spending and military activities have marked environmental effects.
The United States military is considered one of the worst polluters in the world, responsible for
over 39,000 sites contaminated with hazardous materials. Several studies have also found a
strong positive correlation between higher military spending and higher carbon emissions
where increased military spending has a larger effect on increasing carbon emissions in the
Global North than in the Global South. Military activities also affect land use and are extremely
resource-intensive. The military does not solely have negative effects on the environment.
There are several examples of militaries aiding in land management, conservation, and
greening of an area. Additionally, certain military technologies have proven extremely helpful
for conservationists and environmental scientists.
War - Environmental impact of war
As well as the cost to human life and society, there is a significant environmental impact of
war. Scorched earth methods during, or after war have been in use for much of recorded
history but with modern technology war can cause a far greater devastation on the
environment. Unexploded ordnance can render land unusable for further use or make access
across it dangerous or fatal. SOIL EROSION, like in MARAWI
Environmental degradation effects - Environmental degradation
Human activity is causing environmental degradation, which is the deterioration of the
environment through depletion of resources such as air, water and soil; the destruction of
ecosystems; habitat destruction; the extinction of wildlife; and pollution. It is defined as any
change or disturbance to the environment perceived to be deleterious or undesirable. As
indicated by the I=PAT equation, environmental impact (I) or degradation is caused by the
combination of an already very large and increasing human population (P), continually
increasing economic growth or per capita affluence (A), and the application of resource-
depleting and polluting technology (T).
Mass extinction, defaunation, and decline in biodiversity

Ecological collapse

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Biodiversity generally refers to the variety and variability of life on Earth, and is represented by
the number of different species there are on the planet. Since its introduction, Homo sapiens
(the human species) has been killing off entire species either directly (such as through hunting)
or indirectly (such as by destroying habitats), causing the extinction of species at an alarming
rate. Humans are the cause of the current mass extinction, called the Holocene extinction,
driving extinctions to 100 to 1000 times the normal background rate.
Though most experts agree that human beings have accelerated the rate of species extinction,
some scholars have postulated without humans, the biodiversity of the Earth would grow at an
exponential rate rather than decline.
The Holocene extinction continues, with meat consumption, overfishing, ocean acidification
and the amphibian crisis being a few broader examples of an almost universal, cosmopolitan
decline in biodiversity. Human overpopulation (and continued population growth) along with
profligate consumption are considered to be the primary drivers of this rapid decline. A 2017
statement by 15,364 scientists from 184 countries warned that, among other things, this sixth
extinction event unleashed by humanity could annihilate many current life forms and consign
them to extinction by the end of this century.
Defaunation is the loss of animals from ecological communities.
It is estimated that more than 50 percent of all wildlife has been lost in the last 40 years. It is
estimated that by 2020, 68% of the world's wildlife will be lost. In South America, there is
believed to be a 70 percent loss. A May 2018 study published in PNAS found that 83% of wild
mammals, 80% of marine mammals, 50% of plants and 15% of fish have been lost since the
dawn of human civilization. Currently, livestock make up 60% of all mammals on earth,
followed by humans (36%) and wild mammals (4%).
Death of coral reefs - Human impact on coral reefs
Because of human overpopulation, coral reefs are dying around the world. In particular, coral
mining, pollution (organic and non-organic), overfishing, blast fishing and the digging of canals
and access into islands and bays are serious threats to these ecosystems. Coral reefs also
face high dangers from pollution, diseases, destructive fishing practices and warming oceans.
In order to find answers for these problems, researchers study the various factors that impact
reefs. The list of factors is long, including the ocean's role as a carbon dioxide sink,
atmospheric changes, ultraviolet light, ocean acidification, biological virus, impacts of dust
storms carrying agents to far flung reefs, pollutants, algal blooms and others. Reefs are
threatened well beyond coastal areas.
General estimates show approximately 10% world's coral reefs are already dead. It is
estimated that about 60% of the world's reefs are at risk due to destructive, humanrelated
activities. The threat to the health of reefs is particularly strong in Southeast Asia, where 80%
of reefs are endangered.
Decline in amphibian populations

The decline in amphibian populations is an ongoing mass extinction of amphibian species


worldwide. Since the 1980s, decreases in amphibian populations, including population crashes
and mass localized extinctions, have been observed in locations all over the world. These
declines are known as one of the most critical threats to global biodiversity, and several causes
are believed to be involved, including disease, habitat destruction and modification,
exploitation, pollution, pesticide use, introduced species, and ultraviolet-B radiation (UV-B).
However, many of the causes of amphibian declines are still poorly understood, and the topic
is currently a subject of much ongoing research. Calculations based on extinction rates
suggest that the current extinction rate of amphibians could be 211 times greater than the
background extinction rate and the estimate goes up to 25,000-45,000 times if endangered
species are also included in the computation.
Global warming - Runaway climate change

Global warming is the result of increasing atmospheric carbon dioxide concentrations which is
caused primarily by the combustion of fossil energy sources such as petroleum, coal, and
natural gas, and to an unknown extent by destruction of forests, increased methane, volcanic
activity and cement production. Such massive alteration of the global carbon cycle has only
been possible because of the availability and deployment of advanced technologies, ranging in
application from fossil fuel exploration, extraction, distribution, refining, and combustion in
power plants and automobile engines and advanced farming practices. Livestock contributes to
climate change both through the production of greenhouse gases and through destruction of
carbon sinks such as rainforests. According to the 2006 United Nations/FAO report, 18% of all
greenhouse gas emissions found in the atmosphere are due to livestock. The raising of
livestock and the land needed to feed them has resulted in the destruction millions of acres of
Rainforest and as global demand for meat rises, so too will the demand for land. Ninety-one

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percent of all rainforest land deforested since 1970 is now used for livestock. Potential
negative environmental impacts caused by increasing atmospheric carbon dioxide
concentrations are rising global air temperatures, altered hydrogeological cycles resulting in
more frequent and severe droughts, storms, and floods, as well as sea level rise and
ecosystem disruption.
Habitat destruction-

A habitat is the natural place where plants, animals, orother organisms live; it is where they call
home. This is the living area necessary for an ecosystem to remain healthy. Destruction means
to change something so much that it can no longer exist as it once was. So, when we put the
two definitions together we get: habitat + destruction = a home to species that has been
changed to the point it no longer exists.
Habitat destruction occurs when enough change has happened to an area that it can no longer
support the natural wildlife. This change can actually be in many forms, including destruction,
fragmentation, and degradation. But no matter how it happens, the plants, animals, and other
organisms whose habitat has been destroyed no longer have a home.
Another important term to know is ecosystem. An ecosystem is a group of species that interact
with each other in a living area. This living area is necessary for their survival as a healthy
ecosystem. This lesson describes types, causes, and effects of destroying this living area.
Types of Habitat Destruction

There are different types of habitat destruction that can occur. Three main types are actual
destruction, fragmentation, and degradation. All three types of habitat destruction can be
just as lethal. Some take longer to completely destroy a habitat and some destroy the habitat
instantly.
Causes of Habitat Destruction

Picture a bulldozer pushing its way through the woods, creating flat open land so that a
wooded area can be turned into a subdivision or office building. As the bulldozer is knocking
down trees, it is also crushing grasses and packing the ground super tight. The bulldozer is not
only killing the trees and other plants that it is running over, but it is killing the living area of
multiple species. This is just one example of habitat destruction, known simply as destruction.
Destruction is instant and the species have little to no time to adapt. The animals must move if
they are to survive at all. Plants must adapt to the newly compacted land or find a way to
disperse their seeds elsewhere.
Another example of instant destruction to habitats is when humans fill in wetlands. We fill in
wetlands usually to construct other buildings, such as work spaces or houses. Sometimes it is
the law that if you are filling in a wetland in one area, then you must create a new wetland area
somewhere else. However, wetlands are home to some of the most diverse ecosystems and
many species are destroyed in this process. Mowing fields and cutting trees are other
examples of instant habitat destruction.
Land degradation

Land degradation is a process in which the value of the biophysical environment is affected by
a combination of human-induced processes acting upon the land. It is viewed as any change
or disturbance to the land perceived to be deleterious or undesirable. Natural hazards are
excluded as a cause; however human activities can indirectly affect phenomena such as floods
and bush fires.
This is considered to be an important topic of the 21st century due to the implications land
degradation has upon agronomic productivity, the environment, and its effects on food security.
It is estimated that up to 40% of the world>s agricultural land is seriously degraded.
Desertification is a type of land degradation in which a relatively dry area of land becomes a
desert, typically losing its bodies of water as well as vegetation and wildlife. It is caused by a
variety of factors, such as through climate change (particularly the current global warming) and
through the overexploitation of soil through human activity. When deserts appear automatically
over the natural course of a planets life cycle, then it can be called a natural phenomenon;
however, when deserts emerge due to the rampant and unchecked depletion of nutrients in
soil that are essential for it to remain arable, then a virtual (soil death) can be spoken of, which
traces its cause back to human overexploitation. Desertification is a significant global
ecological and environmental problem with far reaching consequences on socio-economic and
political conditions Temporary Drought or Permanent Desert?
Desertification. The word invokes images of sand dunes blowing over abandoned farms as
some irresistible, dark force steadily transforms fertile fields into inhospitable wasteland. The
United Nations' official definition says desertification is land degradation in typically dry areas
resulting from various factors, including climatic variations and human activities. But for Prince

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and many other scientists studying desertification, this definition is too broad. "The definition
encompasses things like drought, overgrazing, and inadvisable cropping," says Prince. All of
these conditions do suppress the ability of the land to support plant growth. "
Ocean acidification
Ocean Acidification (OA) is a term used to describe significant changes to the chemistry of the
ocean. It occurs when carbon dioxide gas (or CO,) is absorbed by the ocean and reacts with
seawater to produce acid. Although CO gas naturally moves between the atmosphere and the
oceans, the increased amounts of CO gas emitted into the atmosphere, mainly as a result of
human activities (e.g. burning fossil fuels, has been increasing the amount of CO absorbed
by the ocean, which results in seawater that is more acidic.
Ozone depletion - is the reduction of the protective layer of ozone in the Stratosphere by
chemical pollution. In the stratosphere, small amounts of ozone are constantly being made by
the action of sunlight on oxygen. At the same time, natural processes are breaking down
ozone. The total amount of ozone usually stays constant because its formation and destruction
occur at about the same rate. Human activity has recently changed that natural balance.
Certain manufactured substances (such as chlorofluorocarbons and hydro
chlorofluorocarbons) can destroy stratospheric ozone much faster than it is formed.
Each year since the late 1970s, much of the protective layer of stratospheric ozone above
Antarctica has disappeared during September, creating what is popularly known as the ozone
hole. The Antarctic hole now measures about 9 million square miles, nearly the size of North
America. With less ozone in the atmosphere, more ultraviolet radiation strikes earth, causing
more skin cancer, eye damage, and possible harm to crops.
Water degradation - is the misuse and also the pollution of water supplies. Often, individuals
throughout the world have to deal with either limited water supplies, or polluted water, often
causes by human actions.
Disruption of the nitrogen cycle - More and more, scientists are getting a better grip on the
nitrogen cycle. They are learning about sources of nitrogen and how this element changes as it
loops from the nonliving, such as the atmosphere, soil or water, to the living, whether plants or
animals. Scientists have determined that humans are disrupting the nitrogen cycle by altering
the amount of nitrogen that is stored in the biosphere.
Human impact on the nitrogen cycle - Of particular concern is N O, which has an average
atmospheric lifetime of 114-120 years, and is 300 times more effective than CO , as a
greenhouse gas. NOᵪ produced by industrial processes, automobiles and agricultural
fertilization and NH , emitted from soils (i.e ., as an additional byproduct of nitrification) and
livestock operations are transported to downwind ecosystems, influencing N cycling and
nutrient losses. Six major effects of NOᵪ and NH emissions have been identified: decreased
atmospheric visibility due to ammonium aerosols (fine particulate matter [PM])
1. elevated ozone concentrations
2. ozone and PM affects human health (e.g. respiratory diseases, cancer)
3. increases in radiative forcing and global climate change
4. decreased agricultural productivity due to ozone deposition 5. ecosystem acidification
and eutrophication
CHAPTER VII
WHAT IS ENVIRONMENTAL LAW
Environmental law is also known as environmental and natural resources law, is a collective
term describing the network of treaties, statues, and regulations, common and customary laws
addressing the effects of human activity on the natural environment.
The core environmental regimes address environmental population. A related but distinct set of
regulatory regimes, now strongly influenced by environmental legal principles, focus on the
management of specific natural resources, such as forest, minerals, or fisheries. Other areas,
such as environmental impact assessment, may not fit neatly into either category, but are
nonetheless important components of environmental law.
It is defined as a complex and interlocking body of statistics, common law, treaties,
conventions, regulations and policies, and it operate to regulate the interaction of humanity and
the rest of the biophysical or natural environment for the purpose of reducing or minimizing the
impacts of human activity, both on natural environment for its own sake and on humanity itself.
Why do environmental laws regulate?
Environmental Laws cover a wide range of topics including the following:
1. Air Quality- Air quality laws protect the air from pollution and may include measures to
protect the air from things like ozone depletion.

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2. Water Quality- Environmental laws may protect water from pollution. They may also
determine who can use water and how to handle potential problems like treating
wastewater and managing surface runoff.
3. Waste Management- Municipal Waste, hazardous substances and nuclear waste all fall
in the category of waste management.
4. Contaminant Cleanup- Not all environmental law focuses on preventing pollution.
Contaminant cleanup deals with addressing pollution after it happens. Laws may
include protocols for cleanup as well as civil and criminal punishment for polluters.
5. Chemical Safety- Chemical safety regulations manage things like pesticide use and
chemicals in products like plastic bottles.
6. Hunting and Fishing- Environmental laws may regulate and protect wildlife populations.
Lawmakers determine who can hunt and fish and how these activities are regulated.
7. Major environmental legislation
History of Environmental Law

Early examples of legal enactments designed to consciously preserve the environment, for its
own sake or human enjoyment, are found throughout history. In the common law, the primary
protection was found in the law of nuisance, but this only allowed for private actions for
damages or injunctions if there was harm to the land. Thus smells emanating from pigsties,
strict liability against dumping rubbish, or damage from exploding dams. Private enforcement,
however, was limited and found to be woefully inadequate to deal with major environmental
threats, particularly threats to common resources. During the "Great Stink" of 1858, the
dumping of sewerage into the River Thames began to smell so ghastly in the summer heat
that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act
1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in
an attempt to (clean up) but this simply led people to pollute the river. In 19 days, Parliament
passed a further Act to build the London sewerage system. London also suffered from terrible
air pollution, and this culminated in the "Great Smog" of 1952, which in turn triggered its own
legislative response: the Clean Air Act 1956. The basic regulatory structure was to set limits on
emissions for households and business (particularly burning coal) while an inspectorate would
enforce compliance.
Notwithstanding early analogues, the concept of "environmental law" as a separate and distinct
body of law is a twentieth-century development. The recognition that the natural environment
was fragile and in need of special legal protections, the translation of that recognition into legal
structures, the development of those structures into a larger body of "environmental law," and
the strong influence of environmental law on natural resource laws, did not occur until about
the 1960s. At that time, numerous influences- including a growing awareness of the unity and
fragility of the biosphere; increased public concern over the impact of industrial activity on
natural resources and human health; the increasing strength of the regulatory state; and more
broadly the advent and success of environmentalism as a political movement- coalesced to
produce a huge new body of law in a relatively short period of time. While the modern history
of environmental law had been established as a component of the legal landscape in all
developed nations of the world, many developing ones, and the larger project of international
law.
From environmental law to environmental order

The concepts of economic order and social order are well known; the term environmental order
is however largely unknown and is common neither as a set phrase nor as a concept. By
giving the examples of economic order and social order, however, I am also giving some
indication of the direction considerations surrounding environmental order are taking: economic
order, comprising private ownership of the means of production and competition, and social
order, marked by social justice and social security, must be expanded to include environmental
order so that the economic system which prevails in Germany and in the European Union can,
with justification, be called a social and environmentally sound market economy.
Environmental order understood as the whole gamut of regulations and institutions serving the
protection, care and development of the natural foundations of human life, is geared towards
the sustainability and standardization of care of the environment. It is more than peripheral
short-term environmental protection effected on a case-by-case basis to ward off risks; rather it
means blanket, comprehensive and long-term protective care in line with the enduring
responsibility we bear for the world around us, for the world we share with others and for the
world of the generations to come.
Law and care of the environment

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Environmental law: the "ecological nuancing" of law

During and after the First World War, the law was given an "economic nuance" and thus
became economic law; today environmental law has, with the newly created concept of
environmental policy, been subsumed in giving an "ecological nuance" to legal norms in public
law, criminal law, private law, and international law, designed to protect and look after the
natural foundations of human life, in other words, care of the environment. I prefer here to
speak of care of the environment as opposed to environmental protection since this term lays
particular stress on structuring and preventative aspects rather than on the warding-off of
dangers. Traditional legal areas such as water law and immission control law and more recent
fields such as nature conservation law are, under environmental law, linked to new regulatory
areas such as protection against hazardous substances and the environmental impacts of
genetic engineering, the avoidance, recovery and disposal of waste, soil protection, energy
saving, radiological protection and nuclear safety. On the whole, environmental law gears legal
provisions with an (ecological nuance) to the newfound objective of protecting and caring for
the environment, in other words the environmental media soil, water and air, and flora and
fauna including climate, landscape and the eco-balance as well as the relationship between
these sectors of the environment both among themselves and with man.
Principles and functions of environmental law

Environmental law gears human actions on the basis of the principle of prevention, the
polluter-pays principle and the principle of cooperation.
The first is the principle of prevention, it is the material leitmotiv for environment policy. The
early application of measures founded on this principle is designed not only to ward off danger
and remove damage but also to prevent potential negative environmental impacts from arising
at all - if possible at source and by means of riskreduction - so as to achieve sustainable use of
the environment, providing care for the assets at stake.
The second concept, the polluter-pays principle, must be understood as a fundamental
allocation of costs but not automatically also as a principle of allocation of responsibility. Costs
incurred to avoid, remove and compensate damage should be allocated to the party
responsible. This also serves to avoid distortions in competition. Where no allocation of costs
is possible because the individual polluter cannot be identified (for example in the new types of
forest damage where there is no proximity between damage and polluter), the costs must,
exceptionally, be borne by the community as a whole in line with the principle of common
burden.
The third principle, which of cooperation, means that care of the environment is a common
task of both the State and citizens and must, as far as possible, be effected in cooperation
between the two. In the relationship between State and society, participation of those involved
is designed to improve environmentally significant decision-making and facilitate acceptance
without blurring the distinction in the areas of responsibility of the three powers of the
legislative, executive and judiciary and also taking account of the principle of democracy and
the rule of law. Early involvement of those concerned can also lead to voluntary change in
behavior so that the State need no longer adopt prohibitions or orders in the particular field at
hand. This helps avoid proliferation of red-tape. Involvement in environmental decision-making
means taking on responsibility for care of the environment.
The Principle of Immissions and the Principle of Emissions

The standards to be met either now or in the future by the environment or a part of a certain
environment both as regards quality and quantity may be subsumed in the term environmental
quality. Under the principle of immissions (from the Latin immittere= to send in), these
standards can be expressly termed environmental quality standards and anchored in law,
especially by determining certain limits on human interventions which may not be exceeded –
for example in laying down immission levels for air quality control. The standards may also
emerge along the lines of the principle of emissions (from the Latin emitter = to send out) as
a result of the application of geared legal measures to avoid or reduce human impacts on the
environment at source, for example by determining, in line with the state-of-the-art, emission
levels for hazardous substances to be emitted into water bodies. Standards of immissions and
emissions are regularly linked.
Threefold Function

In taking on the task of caring for the environment, law has a threefold function, the most
significant being its existential function in care of the environment. Law is designed to secure
mankind’s life, survival and health and give men and women an existence worthy of human
dignity. On the other hand, the existential function is complemented by the social function
whereby environment law helps provide facilities for people to relax in and enjoy the natural

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environment and the landscape. Thirdly law also has an aesthetic function when it allows us to
experience the diversity, uniqueness, and beauty of the environment.
Principles Influencing Environmental Laws
1. Environmentalism
2. Ecology
3. Conservation
4. Stewardship
5. Responsibility and Sustainability Areas of Concern

1. Air Quality and Water- pesticides and hazardous chemicals


2. Global Climate Change – Waste management and agriculture
3. Agriculture- remediation of biodiversity and species contaminated land protection.
4. Biodiversity and species protection – management of public lands and natural
resources.

Pollution Control

Water quality laws govern the release of pollutants into water resources, including surface
water, ground water, and stored drinking water. Some water quality laws such as drinking
water regulations, may be designed solely with reference to human health. Many others,
including restrictions on the alteration of the chemical, physical, radiological, and biological
characteristics of water resources, may also reflects efforts to protect aquatic ecosystem more
broadly. Regulatory efforts may include identifying and categorizing water pollutants, dictating
acceptable pollutant concentrations in water resources, and limiting pollutant discharges from
effluent sources. Regulatory areas include sewage treatment and disposal, industrial and
agricultural waste water management, and control of surface run off from construction sites
and urban environments.
Waste Management

Waste Management laws govern the transport, treatment, storage, and disposal of all manner
of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many
other types. Waste laws are generally designed to minimize or eliminate the uncontrolled
dispersal of waste materials into the environment in a manner that may cause ecological or
biological harm, and include laws designed to reduce the generation of waste and promote or
mandate waste recycling. Regulatory efforts include identifying and categorizing waste types
and mandating transport, treatment, storage, and disposal practices.
Contaminant Cleanup

Environmental cleanup laws govern the removal of pollution or contaminants from


environmental media such as soil, sediment, surface water or ground water. Unlike pollution
control laws, cleanup laws are designed to respond after-the-fact to environmental
contamination, and consequently must often define not only the necessary response actions,
but also the parties who may be responsible for undertaking (or paying for) such actions.
Regulatory requirements may include rules for emergency response, liability allocation, site
assessment, remedial investigation, feasibility studies, remedial action, post-remedial
monitoring, and site reuse.
Chemical Safety

Chemical safety laws govern the use of chemicals in human activities, particularly man-made
chemicals in modern industrial applications. As contrasted with mediaoriented environmental
laws (e.g., air or water quality laws), chemical control laws seek to manage the (potential)
pollutants themselves. Regulatory efforts include banning specific chemical constituents in
consumer products (e.g., Bisphenol A in plastic bottles), and regulating pesticides.
Resource Sustainability

The terms Sustainable and Sustainability are used to describe many different approaches
toward improving our way of life. Sustainability does not (and should not) have a rigid
definition. Here are some views of what Sustainability can encompass.
• Sustainability means reducing our harm on the environment and ultimately reversing the
harm we have already caused.
• Sustainability means renewing resources at a rate equal to or greater than the rate at
which they are consumed.

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• Sustainability means living within the resources of the planet without damaging the
environment now or in the future. Sustainability means creating an economic system
that provides for quality of life while renewing the environment and its resources.
• A sustainable community is one that resembles a living system where all of the
resources (human, natural, and economic) are renewed and in balance for perpetuity
• Sustainability is creating a world where everyone can have fulfilling lives and enjoy a
rich level of well-being within the limits of what nature can provide.
• Sustainability means taking the long-term view of how our actions effect future
generations and making sure we don't deplete resources or cause pollution at rates
faster than the earth is able to renew them.
• Sustainability means living a life of dignity in harmony with nature.
• Some of the many uses of the word sustainable include: Sustainable Business
Sustainable Development Sustainable Agriculture / Sustainable Living / Sustainable
Community.

A sustainable resource is a resource that can be continuously replenished, or there is an


endless amount of it that can be captured or harnessed and useful towards providing energy
without there being a decrease in supply.
Environmental impact assessment

Environmental impact assessment (EA) is the assessment of the environmental consequences


(positive and negative) of a plan, policy, program, or actual projects prior to the decision to
move forward with the proposed action. In this context, the term environmental impact
assessment (EIA) is usually used when applied to actual projects by individuals or companies
and the term "strategic environmental assessment" (SEA) applies to policies, plans and
programs most often proposed by organs of state. Environmental assessments may be
governed by rules of administrative procedure regarding public participation and
documentation of decision making, and may be subject to judicial review.
Principles

Environmental law has developed in response to emerging awareness of and concern over
issues impacting the entire world. While laws have developed piecemeal and for a variety of
reasons, some effort has gone into identifying key concepts and guiding principles common to
environmental law as a whole. The principles discussed below are not an exhaustive list and
are not universally recognized or accepted. Nonetheless, they represent important principles
for the understanding of environmental law around the world.
Sustainable development

Defined by the United Nations Environment Programme as (development that meets the needs
of the present without compromising the ability of future generations to meet their own needs,)
sustainable development may be considered together with the concepts of (integration)
(development cannot be considered in isolation from sustainability) and (interdependence)
(social and economic development, and environmental protection, are interdependent). Laws
mandating environmental impact assessment and requiring or encouraging development to
minimize environmental impacts may be assessed against this principle.
The modern concept of sustainable development was a topic of discussion at the 1972 United
Nations Conference on the Human Environment (Stockholm Conference), and the driving force
behind the 1983 World Commission on Environment and Development (WCED, or Bruntland
Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration, Principle 3 of
which reads: "The right to development must be fulfilled so as to equitably meet developmental
and environmental needs of present and future generations." Sustainable development has
been a core concept of international environmental discussion ever since, including at the
World Summit on Sustainable Development (Earth Summit 2002), and the United Nations
Conference on Sustainable Development (Earth Summit 2012, or Rio+20).
Equity - Intergenerational equity

Defined by UNEP to include intergenerational equity - "the right of future generations to enjoy a
fair level of the common patrimony" - and intragenerational equity - "the right of all people
within the current generation to fair access to the current generation's entitlement to the Earth's
natural resources" - environmental equity considers the present generation under an obligation
to account for long-term impacts of activities, and to act to sustain the global environment and
resource base for future generations. Pollution control and resource management laws may be
assessed against this principle.

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Precautionary Principle

One of the most commonly encountered and controversial principles of environmental law, the
Rio Declaration formulated the Precautionary principle as follows:
In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
Prevention

The concept of prevention can perhaps better be considered an overarching aim that gives
rise to a multitude of legal mechanisms, including prior assessment of environmental harm,
licensing or authorization that set out the conditions for operation and the consequences for
violation of the conditions, as well as the adoption of strategies and policies. Emission limits
and other product or process standards, the use of best available techniques and similar
techniques can all be seen as applications of the concept of prevention.
Polluter pays principle
The polluter pays principle stands for the idea that "the environmental costs of economic
activities, including the cost of preventing potential harm, should be internalized rather than
imposed upon society at large." All issues related to responsibility for cost for environmental
remediation and compliance with pollution control regulations involve this principle.
TREATIES/ CONVENTION / PROTOCOL

Basel Convention on the Control of Transboundary Movements of Hazardous


Wastes and their Disposal (1992)
The most comprehensive global environmental agreement on hazardous and other wastes
which aims to protect human health and the environment against the adverse effects of
hazardous wastes:
• generation and management
• trans-boundary movements
• disposal

CONVENTION ON BIOLOGICAL DIVERSITY

Resulted from the recognition that damage to biodiversity can only be effectively dealt with in a
comprehensive manner (not dealing with specific species or habitats) Three main objectives:
1. conservation of biodiversity

2. sustainable use of its components

3. fair and equitable sharing of the benefits arising from generic resources.

CONVENTION SPECIES (CITES) ON INTERNATIONAL TRADE IN ENDANGERED

An international agreement between governments which aims to ensure that international trade
in specimens of wild animals and plants does not threaten their survival
Widespread information dissemination about the endangered status of many prominent
species such as the tigers and elephants
CONVENTION ON MIGRATORY SPECIES OF WILD ANIMALS
(BONN CONVENTION)

It aims to conserve terrestrial, marine and avian migratory species throughout their range
(global scale) which aims to conserve populations of:
• European Bats; Cetaceans of the Mediterranean Sea
• Black Sea and Contiguous Atlantic Area
• Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas
• Seals in the Wadden Sea; African Eurasian Migratory Waterbirds
• Albatrosses and Petrels
• Gorillas and their Habitats

KYOTO PROTOCOL

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It broke a new ground by defining three innovative "flexibility mechanisms" to lower the overall
costs of achieving its emissions targets. The mechanisms enable Partie to access cost
effective opportunities to reduce emissions or to remove carbon from the atmosphere in other
countries. Emissions trading (carbon market) – Clean development mechanism- Joint
implementation.
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC)

• Consider what can be done to reduce global warming and to cope with whatever
temperature increases are inevitable
• to keep the maximum temperature, rise to below 2 degrees Celsuis
• the commitment to list developed country emission reduction targets and mitigation
action by developing countries for 2020
• mechanisms to support technology transfer and forestry.

International Law

Global and regional environmental issues are increasingly the subject of international law.
Debates over environmental concerns implicate core principles of international law and have
been the subject of numerous international agreements and declarations.
Customary International law is an important source of international environmental law. These
are the norms and rules that countries follow as a matter of custom and they are so prevalent
that they bind all states in the world. When a principle becomes customary law is not clear cut
and many arguments are put forward by states not wishing to be bound. Examples of
customary international law relevant to the environment include the duty to warn other states
promptly about icons of an environmental nature and environmental damages to which another
states or states may be exposed, and Principle 21 of the Stockholm Declaration (good
neighborliness or sic utere)
Numerous legally binding international agreements encompass a wide variety of issue areas,
form terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection.
International environmental agreements are generally multilateral (sometimes bilateral) treaties
(aka convention, agreement, protocol, etc.) Protocols are subsidiary agreements built from a
primary treaty.
They exist in many areas of international law but are especially useful in the environmental
field, where they may be used to regularly incorporate recent scientific knowledge. They also
permit countries to reach agreement on a framework that would be contentious if every detail
were to be agreed upon in advance. The most widely known protocol in international
environmental law is the Kyoto Protocol, which followed from the United Nations Framework
Convention on Climate Change.
While the bodies that proposed, argued, agreed upon and ultimately adopted existing
international agreements vary according to each agreement, certain conferences, including:
• 1972's United Nations Conference on the Human Environment,
• 1983's World Commission on Environment and Development,
• 1992's United Nations Conference on Environment and Development and
• 2002's World Summit on Sustainable Development have been particularly important.

Multilateral Environmental agreements sometimes create an International Organization,


Institution or Body responsible for implementing the agreement.
Major examples are the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN).
International environmental law also includes the opinions of international courts and
tribunals. While there are few and they have limited authority, the decisions carry much weight
with legal commentators and are quite influential on the development of international
environmental law. One of the biggest challenges in international decisions is to determine an
adequate compensation for environmental damages. The courts include the International Court
of Justice (ICJ), the international Tribunal for the Law of the Sea (ITLOS), the European Court
of Justice, European Court of Human Rights and other regional treaty tribunals.
CHAPTER VIII
PHILIPPINE ENVIRONMENTAL LAWS
***To be given instruction***

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REFERENCE:

PCol Florendo, A.M. & PSSgt Florendo, R.M., (2020). Introduction to Cyber Crime and
Environmental Laws and Protection. Wiseman’s Books Trading, Inc.

Disclaimer: All contents of the book are used in this module for academic purposes only.

JOHN MAUCHLY and J. PREPER ECKET (1946)


 Build eniac
ATANASOFF-BERRY COMPUTER (ABC)
 FIRST ELECTRONIC DIGITAL COMPUTER
NSFNET
 Modified its acceptable use policy for commercial use, and by 1995, it was
decomissioned
JOSEPH MARIE JACQUARD
 Made the earliest form of computer that does not need human intervention ABACUS
ITU
 Is an specialized agenc of UN that is responsible for all matters related to information and
communication technologies

INTRO TO CELP/MPE | 93

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