Professional Documents
Culture Documents
P M F Cyber
P M F Cyber
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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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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✓ 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.
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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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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.
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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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?
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.
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 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.
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.
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
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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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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.
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.
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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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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.
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:
Computer as a tool
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.
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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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.
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.
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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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
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)
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
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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
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.
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.
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.
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.
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
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.
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).
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.
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.
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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
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)
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
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
Mac Computers
Mac Operating System
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
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
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
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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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.
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
CYBERCRIME
illegal activity conducted on a computer.
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
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.
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.
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.
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DATA CENTER COLLEGE OF THE PHILIPPINES
COLLEGE OF CRIMINAL JUSTICE EDUCATION LAOAG CITY
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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DATA CENTER COLLEGE OF THE PHILIPPINES
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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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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
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.
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.
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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DATA CENTER COLLEGE OF THE PHILIPPINES
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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.
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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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
TYPES OF HACKERS
1. White hat
2. Black hat
3. Gray hat
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HACKTIVIST
Affected with political change
Politically motivated
Release data or pictures about a politician which is not true
DARK WEB
Host Forums and marketplaces serving black hat hackers
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.
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.
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.
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.
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.
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.
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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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.
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.
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DATA CENTER COLLEGE OF THE PHILIPPINES
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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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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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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.
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.
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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.
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.
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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.
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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Upheld by the Supreme Court last February 18, 2014 while several provisions were
struck down.
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How it compliments and strengthens the E Commerce Law and Data Privacy Law.
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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."
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;
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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
5. Misuse of devices
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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
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
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.
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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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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
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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.
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
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
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
Technology
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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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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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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.
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
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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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 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
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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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
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
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.
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
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
3. fair and equitable sharing of the benefits arising from generic resources.
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.
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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.
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