Ms. Darshika Maya Module I: A: Cyber Crimes © Definition © History and Nature © Reasons for Cyber Crimes © Computer —a) as a target of the Crime, and b) as an Instrument Facilitating Crime. © Classification of Cyber Crimes © Kinds of Cyber Crimes % Viruses % Stal > Hacking % E-mail Spoofing % Cyber Terrorism O Definition: A cyber crime may be defined as any criminal activity that uses a computer either as an instrumentality, target or means of perpetrating further crime. In other words, cyber crime is an unlawful act wherein the computer is either a tool or a target or both. The distinction between cyber crime and conventional crime lies in the involvement of the medium, that is, there should be involvement, at any stage, of a virtual cyber space medium in case of a cyber crime. O History and Nature: Cyber crime is a crime related to Information and Technology. The development in information technology and electronic media especially from 1980 onwards have given rise to a new variety of computer related crimes which are commonly called “cyber crimes”. The widespread growth of these crimes has become a matter of global concern and a challenge for law enforcement agencies in the new millennium. Due to the peculiar nature of these crimes, they can be committed ‘anonymously and far away from the victim without being physically present there. Further, cyber criminals have a major advantage; they can use computer technology to inflict damage without risk of being caught. These crimes cover a wide range of illegal computer-related activities such as theft of communication services, industrial espionage, dissemination of pornographic and sexually offensive material in cyber-space, electronic money laundering and tax evasion, electronic vandalism, terrorism and extortion, telemarketing frauds, illegal interception of telecommunication ete. Scanned with CamScanner© Reasons for Cyber Crimes: 1) The personal computer has the unique characteristic of storing data in a relatively very small space. This affords to derive and remove information either through physical or virtual medium more easily. 2) Computers are easy to access and therefore, unauthorized access by the use of complex cyber ‘Space technology is easily possible by by-passing the security system. 3) Computers work on ‘operating systems which are complex and are composed of millions of codes. Cyber offenders take advantage of the fallibility of the human mind and penetrate into the computer system. 4) One of the significant features of the computer system is that evidence is destroyed in no time. Criminals find it easy to destroy the evidence soon after the crime is committed, which makes it difficult for investigating agencies to collect relevant material evidence for prosec offender. fing the 5) Slightest negligence on part of the computer user in ensuring security of the computer system may lead to catastrophic consequences as cyber criminals may gain illegal access and unauthorized control over the computer system to accomplish their evil design. © Computer: a) As a target of crime — In this category of cyber crime, computer itself is a target of crime. These crimes generally include :- 1) Sabotage of computer systems or computer networks; 2) Sabotage of operating systems and programmes; 3) Theft of data/information; 4) Theft of intellectual property, such as computer software; 5) Theft of marketing information; and 6) Blackmailing based on information gained from computerized files such as personal history, sexual preferences, financial data, medical information etc. b) As an Instrument Facilitating Crime ~ In this category of crime, Computer is used as an instrument to commit a crime. Terrorists and criminals are using Internet methods such as e- ‘mall to flesh out encrypted messages around the world. In these crimes, computer programs are manipulated to facilitate the offence. For example, fraudulent use of Automated Teller Machine (ATM) cards and accounts, frauds related to e- banking or e-commerce, electronic data-interchange etc. are committed by using computer. Cyber pornography, software piracy, on-line gambling, copyright infringement, trademark violations are some other illustrations of such crimes. Scanned with CamScanner© Classification of Cyber Crimes: 1) Cyber crimes against Persons ~ it includes harassment via e-mail, stalking, defamation, unauthorized access to computer systems, indecent exposures, e-mail spoofing, fraud, cheating, pornography etc. 2) Cyber crimes against all forms of Property — include computer vandalism, transmission of Virus, denial of service at lack, unauthorized access over computer system, intellectual property rights violations, Internet time-theft, sale of illegal articles etc. 3) Cyber crimes against Sate or Society — Cyber crimes against state or society may comprise of possession of unauthorized information, cyber terrorism, distribution of pirated software, polluting youth through indecent exposure, trafficking, financial scams, forgery, online gambling, etc. © Kinds of Cyber Crimes: % Viruses — Virus is a program or code that replicates and infects another programme, sector or document by inserting itself or attaching itself to that medium. The effect of virus is that it destroys or alters the data files and other programs. Generally, there are two main classes of viruses. a) File infectors: They attach themselves to ordinary program files. File infectors can either be direct action or resident. A direct-action virus selects one or more of the other programs to infect each time the program that contains it, is executed. A resident virus hides itself somewhere in memory. The first time an infected program is executed, and thereafter infects other programs when they are executed. b) Boot-record infectors: These viruses infect executable code found in certain system areas on a disk, which are not ordinary files. Examples include Brain, Sonde, Azusa, Michelangelo etc. which are always resident viruses. However, there are certain viruses which are able to infect both, hence they are called “boot and file” virus. ' Stalking - In stalking, persistent messages are sent to unwilling recipients, thus causing them annoyance, worry and mental torture. Sending of unsolicited e-mails or spamming is an infringement of right of privacy. Online harassment and threats may take many forms. % Hacking — It is the most common form of cyber crime in these days. The reason why hackers indulge in this crime may vary from monetary gain to political interest or it may even be for the sake of sheer thrill, Hacking may be of different forms such as web-spoofing, e- mail bombing, Trojan attacks, virus attacks, password cracking etc. In simple words hacking means unauthorized access computer network. ‘& E-mail Spoofing — A spoofed e-mail may be said to be one which misrepresents its origin. ‘That is, it shows its origin to be different from which it actually originates. For example, where ‘A’ sends a threatening e-mail to the President of the students union threatening to detonate a nuclear device in the college campus and this e-mail was sent from the account of some other student, ‘a’ would be guilty of e-mail spoofing. Scanned with CamScanner' Cyber Terrorism — has domestic as well as international ramifications. It may be defined as the premeditated use of disruptive activities or the threat thereof, in cyber space, with the intention to further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives. A ‘cyber terrorist’ may be defined as ‘a person who uses computer system as a means to achieve any of the following objectives 1) putting the public or any section of the public in fear; or 2) affecting adversely the harmony between different religious, racial, language or regional groups ‘or castes or communities; or 3) coercing the government established by law; or 4) endangering the sovereignty and integrity of the nation. CH@H@HOHOHOLOHO@HO@H@HOHOH Scanned with CamScanner— Ms. Dacshihe Meig Sub: Criminology & Penology ‘Chp: Schools of Criminology Module |: B: Schools of Criminology 1) The Pre-Classical School: % Exponent: Saint Thomas Acquinas. ‘The exponents of Pre-Classical School acknowledged the omnipotence of spirit which they regarded as a great power. Unlike today’s theories, spiritualism stressed the conflict between absolute good and absolute evil. People who committed crimes were thought to be possessed by evil spirits, often referred to as demons. There was a general belief that man by nature is simple and his actions are controlled by some super power and a man commits crime due to the influence of some external spirit called ‘demon’ or ‘devil’, In this way, this school explained the causation for crime in terms of demonology, witchcraft and supernatural powers. Worships, sacrifices and ordeals by water and fire were usually prescribed to specify the spirit and relieve the victim from its evil influence. Trial by battle g the fate of criminal. The right of society to punish the offender was was common mode of de well recognized. The major problem with spiritualistic explanations is that they cannot be tested scientifically. It is primarily for this reason that modern theories of crime and social order rely on explanations that are based on this world. % Exponents: Cesare Beccaria and Jeremy Bentham. dual criminal as a person who is ‘The most important feature of this school is its emphasis on the indi capable of calculating what he or she wants to do. This idea was supported by a philosophy that held that human beings had free will and that behaviour was guided by hedonism (self-indulgence). Individuals, in other words, were guided by a pain and pleasure principle by which they calculated the risks and rewards they would receive for their actions. Accordingly, punishment should be suited to the offence, not to the social or physical characteristics of the criminal. Beccaria and Bentham are the main exponents of this school, Beccaria first formulated the principles of Classical Criminology. The theory of the classical school was based on rationalism. Other names given to this theory are: the theory of freedom of the will, and the ‘pleasure-pain theory’. Classical theory can be summed up briefly as follows: a) All human beings by nature are self-seeking and are liable to commit crime. b) There is a consensus in the society as to the desirability of protecting private property and personal welfare. Page 1 of 8 Scanned with CamScannerSub: Criminology & Penology CChp: Schools of Criminoog «35 3) ©) In order ti 4 ne '0 prevent a ‘war of all against all, men freely enter into a contract with the State ® z pod Peace within the terms of this consensus. . unis! Pun es utilized to deter the individual from violating the interests of others. itis ative of the State, granted to it b i : : y the individuals making up the social act against these violations. ep me saat e) Punishment must be i i Proportional to the interests violated by the crime. It i Punishment yy the crime. It must not be in f) There should be as little law as possible and it should be implemented by the due process. £) The individual is responsible for his actions and is equal in the eyes of law. Mitigating circumstances or excuses are, therefore, inadmissible. ‘Therefore, the classical theory is above all a theory of social control. Bentham was greatly influenced by Beccaria and carried on the work in the same direction subsequently. Bentham like Beccaria, was an outright utilitarian and to him the only rational basis of any law could be the greatest happiness of the greatest numbers. The principle known as utilitarian hedonism requires that punishment, being an evil in itself, should not exceed more than what is absolutely necessary to produce that desired effect on the criminal and society. | School was that it proceeded on an abstract presumption of the state of mind The major shortcoming of the Cla: free will and relied solely on the act (i.e. the crime) without devoting any attention to of the criminal. It erred in prescribing equal punishment for same offence thus making no distinction between first offenders and habitual criminals. However, the greatest achievement of this school lies in hich was easy to administer without imposition the fact that it suggested a substantial criminal policy w! of arbitrary punishment. The Neo-Classical School: % Exponent: Jeremy Bentham. .ool spread all over Europe and America. However certain problems he theories. The differences in the degree of crimes and in cert certain degree of flexibility. The fact that first offenders and repeaters were f0 be of the act committed was found to be unrealistic Treating of oe vr incompetent similarly on the basis of the act committed rat a Iso unrealistic. Consequently neo-classical school came into ‘The theories of the Classical Sch arose in the implementation of tI situations required 2 treated similarly on the basis psychopathic and oth idiots, insane, jidual offender was a! than an indi existence by: sanity or octrine of free will, which could be affected by incompetence, insanity I as pre-mediation. ircumstances- a) Modification of the ‘A other conditions as wel b) Acceptance of the validity of mitigating ci Page 2 of 8 Scanned with CamScanner “% ‘fav: Criminology & Penology Chp: Schools of Criminology j ©) The doctrine of responsibility was modified to provide mitigating punishment in cases where there are conditions of insanity, age and etc. that would have an effect on the ‘knowledge and f intent of the offender at the time of committing the crime’. the court procedures. 4 d) Reformati The main contribution of the Neo-Classical School of criminology lies in the fact that it came out with certain concessions in the ‘Free Will’ theory of classical school and suggested that an individual might commit criminal acts due to certain circumstances which should be duly taken into consideration at the 1e of awarding punishment. As to the shortcomings of neo-classical school of criminology, it must be stated that the exponents of this theory believed that the criminal, whether responsible or irresponsible, is a danger to society and, therefore, needs to be eliminated from it. 4) The Cartographic School: % exponents: Adolphe Quetelet and Am Guerry. The Cartographical or Geographical School or Ecological School emerged in the recent years only. The philosophers of this school were concerned with distribution of crimes in certain areas. This schoo! had its origin in France and it had its followers in England and Germany. This school flourished between 1830 and 1880. The basic notion of this school was that crime is caused by the conflicts of values in the lower socio-economic classes, various age-groups, religious groups and interest groups living in certain geographic areas. The proponents also located the roots of the crime in poverty, misery and depravity. Theories of juvenile delinquency and professional crimes were also enunciated by them. 5) The Socialist School: ‘+ Exponents: Karl Marx and Friedrich Engels. The Socialist School of Criminology is based on the ideas of Marx and Engels and originated sometimes in the year of 1850 and emphasized economic determinism. The Marxian view was that inequality and ry and poverty poverty result from private ownership of the means of production and that the inequality cause people to turn to crime. 6) The Typological School: \% Exponents: Cesare Lombroso, Raffaele Garofalo, Enrico Ferri. The Typological School or Positive School or Italian School or Itabau This school has many names — ‘ant difference between the Classical School and the Positivist School Positive School. The most signif Page 3 of 8 Scanned with CamScannerSug. chp: Schools of Criminology ime was determined by Sub: Criminology & Penology is the latter's search for empirical (based on) facts to confirm the idea that cr fa and Bentham, who thought multiple factors. This is clear shift away from the reasoning of Beccari crime, resulted from the free will and hedonism of the individual criminal. Note: Cesare Lombroso’s thinking discussed in the Lombrosian School. Raffaele Garofalo defined “natural crime” as conduct which offends the basic moral sentiment of pity and probity (honesty). Garofalo constitutes along with Lombroso and Ferri what has rightly been called a kind of trinity, though Garofalo differs from the other two due to his political and penal conservatism. divides criminals into four classes. In his major treatise known as Criminology, he > “Endemic” criminals are murderers who commit offences characteristics of their locality or crimes out of passion. > “Criminals deficient in probity” are thieves. > “Lascivious criminals” perpetrate crimes against chastity (celibacy) > “Violent criminals” are affected by such environment influences as “prejudices of honour, politics and religion’ Garofalo rejected the common belief that punishments deter potential offenders in their acts. He, however, admits the value of criminal penalties operating in a more subtle fashion by providing and reinforcing general moral attitudes toward certain forms of conduct. The law, by making such subjects the individual to powerful extra-legal sanctions of public opinion. behaviour unrespectable, Is, As in nature, so it is in He was greatly influenced by social Darwinism in his attitude towards cr society, only the fittest have the right to survive, He therefore, favoured death as the most efficent means of eliminating criminals, He realized, however, that public opinion would not support death penalty except in case of murder. He therefore, recommended imprisonment and transportation in hat criminals ought to make good through money cases other than of murder and was of the opinion t! the material and moral damage caused by their crimes. since apart from anthropological factors he payments, factors while explaining criminal is closer to the contemporary line of thinking Enrico Ferri gical and economic also took into account geographical, psycholo conduct. He classified criminals into five categor! > Insane criminals, > Born criminals, > Habitual criminals, > Criminals by passion and > Occasional criminals. ly due to congenital (inborn) reasons. The habitual The first category is of those who act criminally ; criminal, though showing atavistic (ancestral) tendencies, is also influenced by social and physical Page 4 of 8 Scanned with CamScanner> Sub: Chp: Schools of Criminology Criminology & Penology enviror i nMents. Criminals by passion are otherwise fit but commit the criminal act due to impulse, anger or. Jealousy and feel repentant subsequently. Regardin . Ge eae unishment of offenders, Ferri provided a basis for it in his positivist system of social ~ In this he emphasized two elements: > Fir eae the individualization of the offender by pointing out that the choice of oes aera be different for the different classes of offenders. iremertit eening . ° imprisonment he was of the view that inde periods should be readjustment nie view the potential harm the person is capable of andthe chances of his inthe USA and 'y. Indeterminate sentences, with maximum period limits, now prevalent - and some other countries, represent the same philosophy in sentencing. 7) The Lombrosian School: % Exponent: Cesare Lombroso. The modern search for multifactor explanations of crime is usually attributed to Cesare Lombroso, an Italian, often called “the father of modern criminology’. The central tenet of Lombroso’s early explanations of crime is that criminals represent a peculiar physical type, distinctively different from ic. He thought: non-criminals. He described criminal as ata Ears of unusual size, sloping foreheads, excessively long arms, receding chins, and twisted noses vvvvv were indicative of physical characteristics found among criminals. Lombroso classified criminals into four major categories: a) Born criminals, people with atavistic characteristics. a b) Insane criminals which included idiots, imbeciles (a stupid person), and paranoiacs (paranoid), as well as epileptics (neurological) and alcoholics. ; whose crimes are explained primarily by opportunity, iminality, and ¢) Occasional criminals or criminaloids, love or honour. They are although they too have innate traits that predispose them to cri d) Criminals of passion who commit crimes because of anger, characterized by being propelled to crime by an “irresistible force " ir ’, wit siviny Lombroso modified his theory throughout five editions of ‘on criminal ran’, with each one giving attention to more and more environmental explanations includi Page 5 of 8 > climate, Scanned with CamScannerSub: Criminology & Penology CChp: Schools of Criminology > rainfall, sex, marriz laws, the structure of government, church organization, and the effects of other factors. ge customs, vvvvvyv However, he never completely gave up the idea of the existence of a born criminal type. The other major type according to him was of ‘insane criminals’ who committed crimes because of ‘mental conditions like general paralysis, dementia, pellagra (deficiency disease), alcoholism, epilepsy, idiocy, or hysteria. Subsequently Lombroso did take into account certain circumstances which can make an otherwise Rormal person, a criminal. This type of criminal he termed “criminaloid”, a person who com criminal and vicious (deliberately cruel) acts under certain circumstances despite the absence of physical stigmata (a mark of disgrace associated with a particular circumstance) or mental aberrations (abnormality). Lombroso’s theories have been severely criticized by modern criminologists. It has been pointed out that he used the term atavism loosely since physical traits of criminals as well as social customs were regarded by him as of atavistic significance. His assumption regarding some sort of nexus (a connection) between atavism and criminal behaviour had no scientific base. He also failed to appreciate that both criminal as well as non-criminal behaviours were the result of the same process ‘operating on the basis of various social and physical factors. Besides the fundamental objections raised against his explanation of crime. Lombroso has also been criticized for his anthropomorphic (relating to) measurements on which he formulated his theories of inal behaviour. Some of the more important criticisms are: a) His approach assumed individual physique as something fixed and not prone to changes. He did not take into consideration the morbid (pathological) process affecting the human physique. b) For actual measurement of his subjects he depended on others and thus created doubt regarding the reliability of the data employed by him ©) Sophisticated statistical techniques, developed subsequently, were not available to Lombroso which proved his analysis to be highly deficient. 4) Lombroso had no control groups and was, therefore, unable to compare the so-called characteristics of criminals with those of non-criminals. ) The data did not cover sufficient numbers and it could not, therefore, be regarded as truly representatives of the relevant groups. Page 6 of 8 Scanned with CamScanner% Sub: Criminology & Penology CChp: Schools of Criminology f) He did not take into account the racial and ethnical differences among the members of his samples and treated them as homogeneous (of the same kind) which was not always the case. It is not surprising; therefore, that Lombroso has been praised as well as criticized extensively for his theories to explain criminal behaviour. As mentioned earlier, he has been designated as the putative (reputed to be) of modern criminology because of his pioneering work dealing with the personality of criminals. Critics like Lindesmith and Levin believe, however, that he, because of his faulty assumptions, hindered the progress of scientific criminology. 8) The Sociological School: ‘ Exponents: Edwin Sutherland, William Healy and Walter C. Reckless. This is also called ‘Rational School . One of the proponents is Sutherland who propounded the ‘differential association’ in which he suggests that human personality and culture are directly related and a person becomes criminal mostly because of the series of chain circumstances in which he is associated or moves in. He further adds that crime is due to social disorganization. Crime causation is due to ‘multiple factors’ as enunciated by sociologists. One of them is William Healy. The theory is known as ‘Multiple factor theory’. Crime is due to: > Mobility, Cultural-conflicts, Religion, Economy, Political ideology, Competition and stratification (system), Frustration and aggression, Ecology, Family background, Density of population, and Employment situation which have direct bearing. vVvvVvVvVY viv This school further suggested the humanitarian method of treatment to criminals. They further added age, sex, race, occupational standards, residence, etc. have direct bearing on crime causation. Crime causation is defined in the socio-economic perspective. According to sociologists, crime involves three essential elements: Values that are appreciated by the politically dominant, who makes law. ii, Conflict of interests in the society. ili, Use of force and coercive methods by offenders. Criminals are a product of the society and criminal behaviour is due to ‘situations’ and circumstances. Page 7 of 8 ea Scanned with CamScannerchp: Schools of Criminology : Criminology & Penology 9) The Socio ~ Psychological School % Exponents: Robert L. Burgess and Ronald L. Akers. Ta i in this work, these two authors combined two other sociological theory i.e., differential association and jevelopmental psychological theory of reinforcement to explain criminal behaviour. This theory can be is i broadly understood in terms of a social behavioural approach that emphasizes the reciprocal interaction between cognitive, behavioural and environmental determinants of human behaviour. Akers proposed the idea that “the same learning process in a context of social structure, interaction, and situation produces both conforming and deviant behaviour. The difference lies in the direction of the balance of influences on the behaviour.” The conceptualization of social learning theory embodies within four fundamental premises that include: Differential association, in which individual learn criminality by behavioural-interactional, is direct or indirect association with others who engage in certain kinds of behaviour. Differential association and its impact depend on the timing, length, frequency and nature of the contact with fellow group members. Definitions, means individual's own values and attitudes about what is, and is not, titudes and values are learned and reinforced through the acceptable behaviour. These at process of differential association. The greater the number of definitions favourable to deviant behaviour, the greater is the likelIhood that an individual will participate in that type of conduct. \ereby individual experience, and anticipate iii, Differential reinforcement, is a process wh (predict) the consequences of his behaviour. It Is argued that @ person's actions are determined by how he/she perceives (come to realize) the consequences of his/her action/inaction. Reinforcement of attitudes occurs through both differential association and imitation, and can be either positive or negative. Positive reinforcement occurs when action: to the behaviour as well as through positive ou increase the likelihood of criminal behaviour through these rewards. ‘on the other hand, involves the removal of negative ‘and this may also increase the likelihood of taking .s are rewarded through positive reactions a. itcomes. Positive reinforcement can b. Negative reinforcement, consequences or responses, certain actions. / notion that individuals engage in behaviour that they have previously Imitation is the especially by ideals or leaders. iv, witnessed others doing, ARAEAEASAEAEREAAABAEAEASAEAERSAS ASAE Page 8 of 8 Scanned with CamScanner