CYBER CRIMES

SUBMITTED TO:

Madam Samia Maqbool

SUBMITTED BY:

Sahrish Aman

DATE; 12 May, 2014

CONTENTSCyber crimes- an introductionDefinitionsHistoryCyber crimes v/s conventional crimesCommon cyber crimesMotives of cyber criminalsCyber LawsRole of Pakistan in Cyber worldPreventing cyber crimesRecommendationsConclusionbibliography

CYBER CRIMES- AN INTRODUCTIONToday’s internet technology presents us with newopportunities as well as challenges to our onlineexperiences. While the opportunities are endless (andobvious), the challenges assume significance since theyinvolve issues relating to information privacy,personal identity and safe internet usage. Theexponential growth of the internet has brought in itswake the darker side of cyber space-cyber crimes.1

Cyber crime is a generic term that refers to allcriminal activities done using the medium ofcommunication devices computers, mobile phones, tabletsetc, the internet, cyber space and the worldwide web.

The simplest and one among the first officialdefinition gien by group of experts constituted by OCED(Organization for Economic Co-operation andDevelopment) in 1983. They defined the term computercrime as any illegal, unethical or unauthorizedbehavior involving automatic processing andtransmission of data. According to Cambridge Dictionarydefines that cyber crime as crime as committed with theuse of computers or relating to computer, especiallythrough the internet.2

1 Cyber Crimes-A primer on Internet threats and Email abuses by G.Ram Kumar, viva books publications. Page#xiv2 Cyber law and cyber crimes (first edition 2012) by advocate Parshant Mali, snow white publications pvt. Ltd. Page#1 (1.1)

A cyber crime is an illegal behavior committed by meansof, or in relation to a computer system or network,including such crimes as illegal possession andoffering or distributing information by means ofcomputer systems or networks over the internet.Essentially, a cyber crime involves using the internetas a medium of communication. As such, cyber crime is asubset of computer crime. In a cyber crime, thecomputer network can be

The tool of a crime The target of a crime Used for purpose incidental to a crime

The medium for committing the crime is the internet.Most cyber crimes are confidence tricks played onsuspecting victims who are online.3

Computer crimes are those committed with a computertheft, forgery, counterfeiting etc. Computer crimes aredifferent from the usual crimes vis-à-vis investigations.Even the computer misused may have erased data whichmay be beyond the comprehension of a usual investigatoror even of an expert. Computer crimes are high-techcrimes. Besides this, the information technology ischanging very fast. A computer crime may be committedin one country while the resultant fall out may be in

3 Cyber Crimes-A primer on Internet threats and Email abuses by G.Ram Kumar, viva books publications. Page#xv

another country. Jurisdictional problems may arise,Interpol helps but it has its limitations.4

Cybercrime encompasses criminal acts that involvecomputers and networks. Thus,

“Cyber crime is a broad term that describes everythingfrom electronic hacking to denial-of-service attacksthat cause e-business websites to lose money. Cybercrimes are essentially criminal activities wherecomputers, networks or electronic informationtechnology devices are the source, tool, target orplace of crime. Cyber crimes are affected by way ofillegal access into another’s data base, illegalinterception, data interference, system interference,misuse of devices, forgery and electronic scams.Generally, cybercrimes may be divided into twocategories:

1. Crimes that target computer networks or devicesdirectly.

2. Crimes facilitated by computer networks or devices,the primary target of which is independent of thecomputer network or device.5

4 Crimes in Cyber space-scams&frauds by V.D. Dudeja, published by Ajay Verma For commonwealth publishers, page#15 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).

DEFINITION “Cyber crime is a term for any illegal activity

that uses a computer as its primary means ofcommunication. The U.S. department of Justiceexpands the definition of cyber crime and includesany illegal activity that uses a computer for thestorage of evidence.”

“Offences that are committed against individuals orgroup of individuals with a criminal motive tointentionally harm the reputation of the victim orcause physical or mental harm to the victimdirectly or indirectly, using moderntelecommunication networks such a s internet”.6

HISTORY OF CYBER CRIMEThe first recorded cyber crime took place in the year1820. That is not surprising considering the fact thatthe abacus, which is thought to be earliest form of acomputer, has been around since 3500 B.C. in India,Japan and China. The era of modern computers, however,began with the analytical engine of Charles Babbage.

6 Debarati Halder & Dr.K.Jaishankar (2011)

In 1820, Joseph-Marie Jacquard, a textile manufacturerin France, produced the loom. This device allowed therepetition of a series of steps in the weaving ofspecial fabrics. This resulted in the fear amongstJacquard’s employees that their traditional employmentand livelihood were being threatened. They committedacts of sabotage to discourage Jacquard’s from furtheruse of new technology. This is the first recorded cybercrime.

Today, the computers have come a long way with neutralnetworks and nano-computing promising to turn everyatom in a glass of water into a computer capable ofperforming a billion operations per second.7

The first and original computer hackers emerged in the1960s at MIT (Massachusetts Institute of Technology).8

However, the word “hack” signified a totally differentmeaning then. At that time, it referred to an elegantand clever technique of doing almost anything on thecomputer. These “hacks” were basically computershortcuts that made computing tasks quicker. The goodold hacking was basically exploring and figuring outhow the wired world works. Computer fanatics who didthis were called hackers.

“Hacking” was possibly derived from the metaphorcontinually hacking or chopping away at an object,until it finally gives way. However, today, the term is7 Cyber law & Cyber crimes by Advocate, Prashant Mali, snow white publications, page#58 “Cybercrime: Piercing the Darkness”, library.thinkquest.org

often used to describe computer criminals that breakinto or harm computers. There are some purists whohowever want those who break into computers to becalled “crackers” rather than “hackers”.9

Cyber Crime v/s Conventional Crime Conventional crime:

Crime is a social and economic phenomenon and is as oldas the human society. Crime is a legal concept and hasthe sanction of the law. Crime or an offence is “alegal wrong that can be followed by criminalproceedings which may result into punishment.”10 Thehallmark of criminality is that, it is breach of thecriminal law. Per Lord Atkin “the criminal quality ofan act cannot be discovered by reference to anystandard but one: is the act prohibited with penalconsequences”.11

Cyber crime:

Cyber crime is the most complicated problem in thecyber world. “Cyber crime may be said to be thosespecies, of which, genus is the conventional crime, andwhere either the computer is an object or subject ofthe conduct constituting crime.”12 “Any criminal

9 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).10 Granville Williams11 Proprietary Articles Trade Association v. A.G.for Canada (1932)12 Author of CYBER CRIME by Parthasarathi Pati (naavi.org)

activity that uses a computer either as aninstrumentality, target or a means for perpetuatingfurther crimes comes within the ambit of cyber crime.”13

A generalized definition of cyber crime may be“unlawful acts wherein the computer is either a tool ortarget or both.”14 Thus, crimes are unlawful actswherein the computer is either a tool or a target orboth.

Complexity of Cyber Disputes :

Cyber disputes are complex in nature due to thefollowing reasons:

- The world itself becomes a big courtroom when cybercrimes across geographic boundaries take place.

- Because of the global nature of the internet, theclarity as to which court would have the exclusivejurisdiction to try the case is missing.

- Thirdly litigation and the legal systems indifferent countries are different and can be extremelyexpensive and threaten to wipe out millions of legalentities into oblivion.

- And there is considerable doubt relating to theefficacy of decisions given by the courts of onejurisdiction on a global level and the sanctions arequestionable.15

13 Duggal Pawan14 Nagpal R. – What is Cyber Crime?15 A PAPER PRESENTED ON: CYBER LAWS IN PAKISTAN; A SITUATIONAL ANALYSIS AND WAY FORWARD June 24, 2006 Presented by: Zibber Mohiuddin.

COMMON CYBER CRIMESComputer Virus:-

A computer virus is a computer program that piggybacksor attaches itself to application programs or otherexecutable system software; the virus subsequentlyactivates, sometimes causing severe damage to computersystems or files.16

Phishing:-

Phishing occurs when the perpetrator sends fictitiouse-mails to individuals with links to fraudulentwebsites that appear official and thereby cause the16 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).

victim to release personal information to theperpetrator.17

Hacking:-

Hacking is a cyber trespass. It can be defined as theact of penetrating or gaining unauthorized access to oruse of data unavailable in a computer system or acomputer network for the purpose of gaining knowledge,stealing or making unauthorized use of the data. It isillegal as it involves breach of security of a computernetwork and it attempts to circumvent or bypass thesecurity mechanism of an information system ornetwork.18

Spoofing:-

Spoofing is the creation of TCP/IP packets usingsomebody else’s IP address. Routers use the“destination IP” address in order to forward packetsthrough the internet, but ignore the “source IP”address. That address is only used by destinationmachine when it responds back to its source.19

E-Fraud:-

E-fraud is the use of online techniques by aperpetrator to commit fraud. Popular forms of e-fraudinclude spoofing, phishing, and online credit cardfraud.20

17 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).18 Cyber crimes by G. Ram Kumar, viva books publications, page#68 19 Cyber Crimes by G.Ram Kumar, viva books publications, page#5020 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).

Netsplonage:-

Netsplonage occurs when perpetrators back into onlinesystems or individual PCs to obtain confidentialinformation for the purpose of selling it to otherparties (i.e. criminals).21

Cyber Squatting:-

Cyber squatting is the dubious practice of registeringor trafficking famous brand names as internet domainnames with the explicit intention of later selling themto the appropriate owner at an inflated rate-tantamountonline extortion.22

Cyber stalking:-

Cyber stalking refers to the use of the internet, emailor other electronic communications device to stalkanother person. It is an electronic harassment thatinvolves harassing or threatening behavior targeting aparticular email or internet user over a period oftime.23

Cyber Terrorism:-

Cyber terrorism occurs when terrorists cause virtualdestruction in online computer system.24 It can bedefined as the premeditated use of computing resourcesfor disruptive activities or the threat thereof,

21 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).22, Cyber Crimes by G.Ram Kumar, viva books publications,page#8023Cyber Crimes by G.Ram Kumar, viva books publications, page#8824 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).

against computers and/or networks, with the intentionto cause harm or further social, ideological,religious, political or similar objectives, or tointimidate or coerce any person in furtherance of suchobjectives.25

Cyber warfare:-

Cyber warfare is a term used to describe cyber attackscarried out against enemy computers or computernetworks in order to manipulate or disable or damagethem. In cyber warfare, the goal is to immobilize theenemy systems or throw them off the track from eitherperforming their intended functions or to thwart theircapabilities to launch cyber attacks against others.26

Targets of Cyber Crime:

Cyber crimes are targeted and have an impact at threelevels: Individuals, Organizations, Society atlarge.27Examples of crimes targeted at the three levelsmentioned are as follows:

Againstindividualproperty

AgainstOrganization

Against social atlarge

i. Computervandalismii. Transmittingvirusiii. Unauthorized

i. Unauthorized control/accessover computer systemii. Possession of

i. Pornography(basically childpornography) ii. Polluting the

25 Cyber Crimes by G.Ram Kumar, Viva books publications, page#9426Cyber Crimes by G.Ram Kumar, viva books publications, page#9727 Author of CYBER CRIME by Parthasarathi Pati (naavi.org)

control/accessover computersystemiv. IntellectualProperty crimesv. Internet timethefts

unauthorizedinformationiii. Cyberterrorism againstthe governmentorganizationiv. Distributionof piratedsoftware etc

youth through indecentexposureiii. Traffickingiv. Financialcrimesv. Sale ofillegal articlesvi. Onlinegamblingvii. Forgery.

MOTIVES OF CYBER CRIMINALSThe following are some theories for motives of cybercriminals:

The desire for entertainment:

This regards youngsters who have been introduced tohacking for the very first time. Some try out variousmethods of hacking to see what works and what does not.“Scamps” are playful hackers who do nothing more thanget additional peer respect by hacking into websitesand posting messages or pictures on them.

Profit:

This is the most widespread motive behind allcybercrimes and, indeed most crimes-everyone wants tomake money. Hacking for money or for free servicesincludes a smorgasbord of crimes such as embezzlement,corporate espionage and being a “hacker for hire”.Scams are easier to undertake but the likelihood ofsuccess is much lower. Money-seekers come from anylifestyle but those with persuasive skills make bettercon artists in the same way as those who areexceptionally tech-savvy make better “hacks for hire”.

Infuriation or Revenge:

Infuriation or anger typically stems from anger.Dumped lovers or spouses, retrenched employees,businessmen who feel cheated or ripped off etc. belongto this category. Anyone who feels they have beenunjustly treated can do anything from defacing a firm’swebsite with profanities to introducing viruses ormounting a full-scale DoS attack.(Short for denial-of-service attack, a type of attack on a network that isdesigned to bring the network to its knees by floodingit with useless traffic.)28

Social Motivators:

Some hackers break into systems just to prove theircapabilities to their counterparts. It stems from the

28 http://www.webopedia.com/TERM/D/DoS_attack.html (accessed on 11/5/2014)

drive for “acceptance” and “notoriety” in hackersocieties. This is a showdown of “who is bad?”

Political Agenda:

These may be activists who have political agendas whencommitting cyber crimes. They usually ascribe toradical ideologies. They may have or are facingdifficulties. They use the Net merely to spreadpropaganda or get their opinions heard. They could alsoseverely debilitate the systems of any other partywhich does not support them so as to weaken rivals orsimply procure press coverage to strengthen theircause. Their crimes include cyber theft to obtain fundsfor their campaigns and real world criminal activities.Identifying hackers of this group can often bedifficult. Some may be indulging in crime purely forpolitical reasons while others may simply want toexploit the political turmoil or propagate a religiousagenda which may be a prelude to a terrorist attack.

Sexual motivations:

Sexually motivated cybercriminals encompass passive andactive pedophiles as well as serial rapists. Passivepedophiles download child pornography and indulge inpornographic stories and photos. The abuse ofchildren’s rights when these photos were taken is whatmakes child pornography illegal. However, activepedophiles do not just stop fantasizing. They use chatrooms to befriend children. They can then choose to

rape the children after arranging a meeting with themor choose to gradually seduce them into a fairly longsexual relationship. There are severe penalties forthese culprits.

Psychiatric illness:

Psychiatric illness is regarded as the rarest butpotentially most harmful cause for cybercrimes. This iscaused by people with mental disorders. Those whosuffer from schizophrenia depression, mania, andpersonality disorders etc. are detached from society.They can find refuge in the world of cyberspace wheretheir true personalities are masked and where they canact out their fantasies in relative peace. Thesecriminals may potentially be very hard to track down astheir motivations many are illogical and their nextcourse of action unpredictable. The scenario can bemore serious with the highly intelligent criminalsbelonging to this category.29

CYBER LAWS What is a Cyber Law?

Cyber law (also referred as cyberlaw) is a term used todescribe the legal issues related to use ofcommunications technology, particularly “cyberspace”,i.e. the internet.30 Cyber laws or, less colloquially,Internet law, is a term that encapsulates the legal29 Baiden, John E. "Cyber Crimes." Available at SSRN 1873271 (2011).30 Cyber law & cyber crimes by Advocate, Parshant Mali, snow white publications, page# 1

issues related to use of communicative, transactional,and distributive aspects of networked informationdevices and technologies.

In an increasing networked economy, safeguardingcyberspace as well as Information and CommunicationTechnology systems (ICTs) and infrastructure have takenon real urgency. It is essential to instill confidencein online trade, commerce, banking, telemedicine, e-governance and host of other applications. It is alsocritical for the future social and economic developmentof the world, said ITU secretary general YoshioUtsumi.31

Achieving cyber-security depends upon the securitypractices of each and every networked country, businessand citizen.

To guard against the sophisticated skills of cyber-criminals, a global culture of cyber-security needs tobe developed. This will require not only good policingand legislation but also acute threat awareness anddevelopment of tough ICT-based counter measures.

Cyber law encompasses a wide variety of political andlegal issues related to the Internet and othercommunications technology, including intellectualproperty, privacy, freedom of expression, andjurisdiction.

Cyber law has been a vibrant field in which numerousdevelopments took place in the year 2001 on the globallevel. Cyber law tends to addresses a more definitive,31 ITU secretary general Yoshio Utsumi International Telecom Union (ITU) 141stAnniversary 2006

regulated and orderly cyberspace and towards evolvingthe regulated code of conduct for online activities inthe context of electronic mediums around it.32

Cyber Laws in the world:

Electronic Commerce Act (Ireland) Electronic Transactions Act (UK, USA, Australia,

New Zealand, Singapore) Electronic Transactions Ordinance (Hong Kong) Information Technology Act (India) Information communication Technology Act

(Bangladesh)

Cyber Laws in India:

India has enacted the first I.T. Act, 2000 based on theUNCIRAL model recommended by the general assembly ofthe United Nations.

Offences under IT acts are:

Tampering with computer source document Hacking with computer systems, data alterations Publishing obscene information Un-authorized access to protected systems Breach of confidentiality and privacy Publishing false digital signature certificates.

32 A PAPER PRESENTED ON: CYBER LAWS IN PAKISTAN; A SITUATIONAL ANALYSIS AND WAY FORWARD June 24, 2006 Presented by: Zibber Mohiuddin.

CASE STUDIES- COMPANIES AFFECTED BYCYBER CRIMESIn February 2000, Amazon.com was one of many Internetsites affected by a group of cyber terrorists whohacked into the site and made alterations to programcoding. The problem was so severe that Amazon wasforced to shut down in order to repair the damage andstop the unauthorized activity. As a result of the siteclosing, program changes were made to help preventfuture breakings.33

First Data Corporation’s Western Union branch cameunder attack by a hacker in September 2000. Theperpetrator hacked into the company site and stolecredit card information for 15,700 customers.Apparently, the theft was made possible during aroutine maintenance process when an employee left thefiles unprotected and vulnerable to attack. First Dataimmediately notified authorities, and both the FBI andthe CIA became involved in the investigation.34

On 7th Feburary, 2000 Yahoo! Website was attacked. Yahoowas pinged at the rate of 1 gb/sec.

33 Kathryn Kranhold, “Handling Aftermath of Cybersabotage”, Wallstreet Journal,(February 10, 2000):B2234 Anne Colden, “Western Union Resources Clients No Financial Fraud Found Since Hacking”, Denver Post (September 12, 2000): C1

In 26 March, 1999, the Melissa worm infected a documenton a victim’s computer, then automatically sent thatdocument and copy of the virus via e-mail to the otherpeople.

ROLE OF PAKISTAN IN THE CYBER WORLDThe Pakistan market has now grown manifolds with thelargest majority of internet users in Karachi and thenLahore and Islamabad. These three cities jointlyprovide over 90% of the customer base and expansion inactivity is also likely to remain primarily confined tothese cities because of the concentration of economicactivity in these cities.35

It is no surprise that Pakistan is not free from thecyber space dilemma. The availability of computers andInternet connections provides unprecedentedopportunities to communicate and learn in Pakistan.However, certain individuals do exploit the power ofthe Internet for criminal purposes as well.

Domestic Cyber Crime Laws of Pakistan

. Pakistan has a legal framework in place to addresscyber crimes.

Prevention of Electronic Crimes Ordinance, 2007 Electronic Transactions Ordinance, 2002 Pakistan Telecommunication (Re-organisation) Act,

1996

35 Internet Service Providers Association of Pakistan (ISPAK)

Wireless Telegraphy Act, 1933 Telegraph Act, 1885 Federal Investigation Agency Act, 1974 Payments & Electronic Fund Transfers Act, 200736

The Electronic Transaction Ordinance 2002 was passed byPakistan Government with the objective to recognize andfacilitate documents, records, information,communications and transactions in electronic form, andto provide for the accreditation of certificationservice providers. With this legal framework we do havelegal backing for electronic information andcommunication, as any written and signed document. WithETO in place, Pakistan has joined an exclusive band ofcountries that provide necessary framework and animpetus for growth of electronic commerce in Pakistan.

The Electronic Transaction Ordinance is an essentialprerequisite for e-commerce growth and termed as "alandmark decision for the IT development of thecountry".37

The Ordinance aimed to achieve:

- Great economic impact.

- E-commerce and projecting Pakistan’s products suchas textile, leather goods, sports goods and surgicalitems to the world. 36 http://pklegal.org/content/legal-services-relating-cyber-crimes-laws-pakistan (accessed on 11/5/2014)37 Electronic Transaction Ordinance to help e-commerce growth- The News, 13/7/2002 http://www.jang-group.com/thenews/jul2002-daily/13-07/2002/metro/i3.htm

- Increased e-transactions.

- Major benefits for the small and medium businessenterprises as the cost of transactions are greatlyreduced electronically.

- Legal and safe trading to take place as thenecessary laws to protect the interests of both thebuyers and the sellers in the process of electronicsales and purchases are protected through thepromulgation of the Electronic Transaction Ordinance2002.

The Federal Government, by notification in the officialGazette, makes rules to carry out the Purposes of theOrdinance. The ordinance has laid down clauses for thefollowing offenses related to electronic transactions:

Provision of false information Issue of false certificate Damage to information system.

Furthermore, the Electronic Crime Act 2004 was preparedby the Ministry of Information Technology, Pakistanwith the Electronic Transaction Ordinance 2002 as thebasis.

The Act addresses and lays down legislative terms forthe following cyber crimes:

• Criminal access• Criminal data access• Data damage

• System damage• Electronic fraud• Electronic forgery• Misuse of devices• Misuse of encryption• Malicious code• Cyber stalking• Spamming• Spoofing• Unauthorized interception• Cyber Terrorism• Waging cyber war• Enhanced punishment for offences involving

sensitive electronic systems• Attempt and aiding or abetting.

Moreover, The Electronic Transaction (Re-organization)Act, 1996, The Wireless Telegraph Act, 1933, TheTelegraph Act, 1885, Electronic Transaction Ordinance2002, The Payment Systems and Electronic Fund TransfersAct, 2007, Prevention of Electronic Crimes Ordinance,Pakistan 2007, Prevention of Electronic CrimesOrdinance, Pakistan 2008.

These are the laws under which communication;transactions, information, records, and documents inelectronic form are governed over internet and to giveaccreditation to the electronic transactions,information, records, communication and transactions asvalid piece of evidence to the correspondence. The

offences under these laws are non-bailable, non-compoundable and shall not try in any inferior courtother than the Court of Sessions. In case if the actdone is under the Electronic Fund Transfers Act, 2007then there is a civil suit by the Competent Court bydetermining the pecuniary jurisdiction with regard tothe amount in controversy.38

The Prevention of Electronic Crimes Ordinance,2008(same as Prevention of Electronic Crimes Ordinance,2007) is in force now, which was promulgated by thePresident of Pakistan. The Prevention of ElectronicCrimes Ordinance, 2008 extends to the whole ofPakistan.

The Prevention of Electronic Crimes Ordinance, 2008applies to every person who commits an offence underthe said Ordinance irrespective of his nationality orcitizenship whatsoever or in any place outside orinside Pakistan, having detrimental effect on thesecurity if Pakistan or its nationals or nationalharmony or any property or any electronic system ordata located in Pakistan or any electronic system ordata capable of being connected, sent to, used by orwith any electronic system in Pakistan.

The ordinance i.e. Prevention of Electronic CrimesOrdinance, 2008 gives exclusive powers to the FederalInvestigation Agency (FIA) to investigate and chargecases against such crimes.

38 http://zallp.com/cybercrime.html (accessed on 11/5/2014)

The ordinance covers provision for illegal and criminalacts such as data access, data damage, system damage,electronic fraud, electronic forgery, spamming,spoofing, cyber terrorism etc.

PREVENTING CYBER CRIMESThe use of passwords, firewalls, and encryption andother security policies and procedures are somepreventive measures against cybercrime. Sincepreventive measures are not always successful,cybercrime detection is a necessary last line ofdefense regarding loss prevention, or at least lossminimization. Detection techniques include tripwires,configuration-checking tools, and anomaly detectionsystems.

A tripwire is a software program that takes snapshotsof critical system characteristics that can be used todetect critical file changes. Tripwires provideevidence of electronic crimes, since most intruding

hackers make modifications when they install backdoorentry points or alter file system and directorycharacteristics in the course of hacking system.

A configuration-checking tool, also referred to as a“vulnerability assessment tool,” is a software programthat detects insecure systems. Configuration-checkingtools are primarily preventive in nature but, when usedas monitoring devices, they can also provide evidenceregarding electronic crimes.

An anomaly detection system focuses on unusual patternsof system activity. Anomaly detection systems developand analyze user profiles, host and network activity,or system programs in order to identify deviations fromexpected activity.

Appropriate actions must be taken by qualifiedprofessionals to successfully resolve cybercrime. Sincesome companies may lack qualified computer securitypersonnel, hiring outside professionals may still beneeded if the electronic crime resulted from negligenceon the part of the company’s computer securitypersonnel. Law enforcement agencies lack the technicalexpertise to investigate electronic crimes. Most canobtain warrants and seize computer equipment, but maybe unable to find the evidence needed to resolvecybercrime.39

39 Stan kratchman, Jacob Smith, and Murphy Smith, “The Perpetration and Prevention of Cybercrimes”, Internal Auditing (March/April 2008)

RECOMMENDATIONSCyber crime is a global phenomenon and therefore theinitiative to fight it should come from the same level.The need of the hour is a worldwide uniform cyber lawto combat cyber crime.

Following is the proposed way forward andrecommendations to equip the country to counteractcyber crimes at the national and global levels.

i. Fostering Linkages

- Creating liaison with the international communitywill further create sharing of experiences and goodpractices in the field of information security andnetwork security and encourage their use by all partiesconcerned.

- Given the cross-border nature of information andcommunication technologies, a concerted internationaleffort is needed to deal with misuse. A bindinginternational instrument can ensure the necessaryefficiency in the fight against these new phenomena. Inaddition to measures of international co-operation,such a framework should also address questions ofsubstantive and procedural law, as well as matters thatare closely connected with the use of information andcommunication technologies.

- The value of fostering co-operation internationallywith other countries/regions and parties needs to beenhanced. This includes fostering international

cooperation in the areas of internet, informationtechnology, e-business, e-commerce, and cyber crime.Liaison with national governments, local, national andinternational bodies, organizations and other groups inorder to demand immediate and necessary nationallegislations is vital.

- Co-operation between governments and the privatesector in combating cyber crime and the need to protectlegitimate interests in the use and development ofinformation and communication technologies isessential.

- Furthermore, strengthening of the trust and securityof the governing framework among nationals is essentialto enhance usage. Encouraging development of secure andreliable applications to facilitate online transactionswill also generate trust in the systems. Defineprocesses for all cyber crimes, including illegalaccess, data interference, system interference, misuseof devices, computer-related forgery, computer-relatedfraud, offences related to child pornography, offencesrelated to infringements of copyright and relatedrights, which would contribute to the overall trust andsecurity process.

ii. Building National level Partnerships and CreatingAwareness

- Create specialized forums for exchange of experiencesand information which would entail initiating andpromoting literary, technical and scientific activity;research; education; and training pertaining to cyberlaws. These activities should be catered to lawenforcement agencies, government departments, bar

associations, judiciary, institutes, universities,corporations and other private organizations.

- Setting up a cyber crime cell consisting of expertsto deal with cyber-crime will encourage reporting andevolve into a process online with the legislature.These cyber crime cells should be constituted in allmetropolitan and other important cities.

iii. Training and Awareness Raising

- It is essential to educate and empower youth tosafely and responsibly take control of their Internetexperience.

- Disseminate general awareness of cyber crimes anduser laws/rights by arranging symposia, seminars,lectures, classes, demonstrations, and presentations,briefings, to educate the society and gain theircomfort level.

- Creating awareness of the Electronic TransactionOrdinance 2000 and Electronic Crime Act 2004 of 2000among the target groups will prove successful andinform the concerned about their rights. People need tobe aware of the appropriate law enforcementinvestigative authorities at the local, state, federal,or international levels.

- Introducing Cyber Crimes awareness in schools andadding it to curriculum will create the requiredawareness amongst the youth.

- Disseminate information for consumers and businesseson computer security and safeguarding personal

information. Along with this contact numbers ofauthorities, the process etc should be explicitlystated.

CONCLUSIONIt is not possible to eliminate cyber crime from thecyber space in its entirety. However, it is quitepossible to check it. Any legislation in its entiretymight be less successful in totally eliminating crimefrom the globe. The primary step is to make peopleaware of their rights and duties (to report crime as acollective duty towards the society) and further makingthe application of the laws more stringent to checkcrime.

Developing nations must learn from the experiences ofdeveloped nations and leap forward to prepare againstthe inevitable cyber crime. In order to strengthen theoverall infrastructure, efforts by each country must bemade at an international level to cooperate andcoordinate with each other so as to come too harmonizedterms on matters regarding security. In this regards,international instruments such as the Council ofEurope’s Convention on Cyber Crime 2001, could proveextremely valuable in fighting cyber crime at aninternational level.

However, in any draft legislation it is important thatthe provisions of the cyber law are not made so

stringent that it may retard the growth of the industryand prove to be counter-productive.

BIBLIOGRAPHY

Crimes in Cyber space- Scams & Frauds BY V.D.Dudeja

Cyber crimes (A primer on Internet threats andEmail Abuses) BY G. Ram Kumar

Cyber Law & Cyber Crimes BY Advocate, Prashant Mali Baiden, John E. "Cyber Crimes." Available at SSRN

1873271 (2011).

A PAPER PRESENTED ON: CYBER LAWS IN PAKISTAN; ASITUATIONAL ANALYSIS AND WAY FORWARD June 24, 2006Presented by: Zibber Mohiuddin.

Electronic Transaction Ordinance to help e-commercegrowth- The News, 13/7/2002http://www.janggroup.com/thenews/jul2002daily/13/07/2002/metro/i3.htm