...Project on Cybercrime www.coe.int/cybercrime Strasbourg, 15 January 2010 Draft Discussion paper Law Enforcement Challenges in Transborder Acquisition of Electronic Evidence from “Cloud Computing Providers” Prepared by Joseph J. Schwerha IV TraceEvidence, LLC Project funded by Romania, Monaco, Estonia, Microsoft, McAfee and the Council of Europe Council of Europe – Project on Cybercrime For further information please contact: Economic Crime Division Directorate General of Human Rights and Legal Affairs Council of Europe Strasbourg, France Tel: Fax: +33-3-9021-4506 +33-3-9021-5650 Disclaimer This technical report does not necessarily reflect official positions of the Council of Europe or of the donors funding this project or of the parties to the instruments referred to Email: alexander.seger@coe.int www.coe.int/cybercrime 2 Council of Europe – Project on Cybercrime Contents 1 2 3 4 Introduction ___________________________________________________ 4 Council of Europe Convention on Cybercrime Overview __________________ 5 What are Cloud Computing Providers? _______________________________ 6 The United States Perspective _____________________________________ 8 5 What are the challenges in the transnational acquisition of evidence from Cloud Computing Providers?_______________________________________________ 9 5.1 5.2 5.3 5.4 5.5 It can be impossible to know where the data resides ________________________________ 9 What Law Applies When...
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...Statement of Problems These study intents to find out how aware are the SEA students regarding cybercrimes. It also aimed to answer the following questions: 1. What is the profile of each respondent regarding their awareness? 2. What influences them to such an act of crime? 3. How can they be protected from any forms of cybercrimes? 4. How can these cybercrimes be prevented? Significance of Study The researchers believes that students, particularly in the School of Engineering and Architecture will be benefited from the findings of this study since the study provides basis for awareness and better understanding regarding cybercrimes. Likewise, gives them a focused and clear perspective that such acts of crimes if they get involved have penalties and punishment s according to Republic Act 10175, an act defining cybercrime, providing for the prevention, investigation, suppression and the imposition of penalties therefore and for other purposes. Furthermore, this study helps them refrain from doing such crimes and hopefully they would not do it again if they have done it before. Lastly, we help them how to be protected from cybercrimes so that they would not be a victim of such crime. Scope and Limitations The scopes of this research are the education of students here in University of Baguio for all year levels. The limitations of this research are only those students who are currently enrolled in the University of Baguio at the School of Engineering and Architecture for...
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...ABSTRACT This paper gives an outline of the developing cybercrime issue and surveys two criminological speculations that have been connected to the investigation of cybercrime and cybercrime exploitation. Enactment which characterizes cybercrimes. Also gives the lawful base to arraigning such wrongdoings has been produced at both the government and state level. Numerous government law requirement orgs have offices that endeavor to battle a wide scope of PC unlawful acts from PC interruptions to licensed innovation burglary. This paper additionally surveys different meanings of cybercrimes and orders these unlawful acts into three general classes. It then goes ahead to analyze the current level of cybercrime exploitation for both organizations and people in internationally. Digital exploitation has influenced numerous people and organizations in the very states and this issue appears to have expanded as the utilization of PCs and the web expanded in the course of the most recent decade. In the wake of investigating the current level of cybercrime internationally in this paper inspects the use of restraint and routine movement hypothesis to the investigation of cybercrime. Both of these hypotheses can be connected to the investigation of PC wrongdoing and exploitation. We also going to take interview with some IT experts of software and network companies based on cybercrimes. At long last this paper closes with a few proposals for territories of future exploration. ...
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...Case Study – Cybercrime International Centre for Criminal Law Reform and Criminal Justice Policy 1822 East Mall, Vancouver British Columbia, Canada V6T 1Z1 Tel: 1 (604) 822-9875 Fax: 1 (604) 822-9317 Email: icclr@law.ubc.ca www.icclr.law.ubc.ca Case Study – Cybercrime By Annemieke Holthuis Counsel Criminal Law Policy Section Department of Justice Canada Case Study prepared for Co-Teaching at the National Prosecutors College Beijing China November-December 2006 As part of the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR) and GeoSpatial SALASAN Programme: The Canada China Procuratorate Reform Cooperation Project, supported by the Canadian International Development Agency 2 Case Study - Cybercrime Public concern about the incidence of child pornography on the Internet is increasing in British Columbia. The police decide to crack down and seek the help of members of the public and Internet Service providers like XYZ Corporation. Brian, a concerned citizen and the divorced father of a young girl, contacts police expressing concerns about his roommate Dwayne. Dwayne is always on the computer and he has no idea what Dwayne is doing. Dwayne’s door is always locked and Dwayne won’t let Brian borrow the computer, even to send a quick e-mail. Lately, Dwayne acts more strangely than ever. Brian said that he didn’t know what it is but he’s no longer comfortable bringing his daughter home when Dwayne was there. Brian mentions...
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...Title: Cybercrime is on a rise in UAE Part1: Introduction Crime is a popular issue that we always heard in this globalization era. It refers to any violation of law or the commission of an act forbidden by law. It can contribute to negative impact in term of social and economic development. Nowadays, there are a lot of crimes which increase around the world; United Arab Emirates is one of the countries at risk of these issues. One of these types is the cybercrime as; people want to keep up with technology and modern life. This matter in increase day by day as every day we hear from the news, newspaper and social media, there's a huge number of people who are victims cybercrime. Brenner (2010) in Cybercrime: Criminal Threats from Cyberspace book state, this type of crimes found in 21-century after the development and globalization because people used technology, but they don't have enough information and not aware about this issue. In addition, Cybercrime is the type of criminal crime which is punishable by law and it means that Using technology resources. Such as, the internet for committing serious crimes such as, deception, fraud, theft, copyright violations and extortion through online stalking, harassment, defamation, and invasion of privacy. Moreover, The cybercrime divided into three divisions, the first division is crimes...
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...the use of computer/internet brings about what is known as cybercrime Speer (2005) defines cybercrime as activities in which computers, telephones and other technological devices are used for illegal objectives such as theft, fraud, electronic defacement and breach into computer system and networks. however, security managers need to have a full knowledge of cybercrime because it is the rising mode of crime and the least reported (Phair, 2007). Security managers and cybercrime security managers need to understand that cybercrime has become a profanity in the society which affects everyone both nationally and internationally, individuals, institution, companies as well as the government and this is however a rumination of the growth of criminals practices (Helle et al, 2012). there are various characteristics of cybercrime that need to be understood by security managers and they include: it is usually a distinct/singular event from the victim's perspective, it is often facilitated by crime-ware program introduction and its introduction may not ineludibly be facilitated by weakness (Gordon et al, 2006). according to Speer (2000) there are four major component of cybercrime which security managers need to examine and address,they include: the location of the offender the victims the offender eliminating the threats challenges of cybercrime various countries have approached the challenges of cybercrime in different...
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...Cyber crimes essay THE INFORMATION TECHNOLOGY ACT AMENDMENT OF 2008 Cyber law, in a general sense, has been envisaged as a term that encapsulates the legal issues related to the use of communicative, transactional, and distributive aspects of networked information devices and technologies. And the crimes against these issues are termed as cyber crime Cyber law and cyber crime Cyber crime spans not only state and national boundaries, but the international boundaries as well. 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, cybercrime was broken into two categories and defined thus: * In a narrow sense, the term cyber crime has been defined as any illegal behavior directed by means of electronic operations that target the security of computer systems and the data processed by them. * In the broader sense, cyber crime has been defined as any illegal behavior committed 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 a computer system or network. The extent of cyber crime is so vast and complicated that an act which may be crime in one nation may not be so in another. Some of the basic examples of cyber crime are unauthorized access, damage to computer data and program, computer sabotage, unauthorized interception of communications, computer...
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...There are several ethical issues that arise in information security. The security is one of most issue of concern for every business organization. Ethics is a term which is used to distinguish between right or wrong things. Ethical issues in computer security includes cybercrimes, computer hacking and information warfare. In an Internet world, many banking organizations are attacked by attackers and millions of credit card details stolen every day. Cybercrimes such as credit card fraud cases, accessing someone’s account, stealing user credentials from social networking sites and sharing copyright information illegally. There are several Information Technology laws such as intellectual property laws, privacy laws and computer crime laws. The law that is enforced for employee workplace communication environment is under fact sheet 7, 2012, Privacy Rights Clearinghouse. Computer Security Act of 1987 (PL 100-235) and Computer Matching and Privacy Act which deals with securing of personal information that are stored in federal computer systems. This law is responsible for planning of security standards for protecting data against theft. Resolving Ethical issues It is the responsibility of security professionals to follow ethical codes and conducts for providing maximum security to an organization. These security professionals assure safety and reliability. In order to resolve these ethical issues a proper security plan has to be made and implemented in which every member of organization...
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...a growing number of business customers. Your company’s commercial customers utilize a digital certificate multifactor authentication process to access wire transfers, cash management, deposit operations, and account management applications common to all business customers. The problem is that several customers have reported that new user accounts have been set up under their names without their authorization and these accounts are initiating. The main term used in risk analysis Digital certificate multifactor will be defined and will be covered along with risk mitigation . A discussion of acceptable and unacceptable risk and how to follow specific federal best practice standards for securing communications and preventing cybercrime , provide a cybercrime prevention strategy using National Institute of Standards and Technology (NIST) federal guidelines. Digital Certificate : The most common method for authentication E-commerce transaction is via the exchange of digital certificates. Its contain digital signature which is unique representation of the certification authority. The digital signature is a distinctive mark that cannot be replicated by another entity. When affixed to a digital certificate, the certificate authority's signature affirms that the registration and issuance process requirements have been satisfactorily met by the applicant, and that the identity of the certificate holder is valid as represented. Per example login to secure bank site involve in following...
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...bloggers and students, have sought a temporary restraining order (TRO) on the country's implementation of its Cybercrime Prevention Act of 2012--making it the sixth filed against the controversial legislation. According to GMA News Online on Monday, the petition centered on the definition of online libel stated in the law, specifically sections 4, 5 and 6, which the petitioners say are "unconstitutional due to vagueness". The law also curtails "constitutional rights to due process, speech, expression, free press and academic freedom", it stated. The Cybercrime Prevention Act of 2012 , signed by President Benigno Aquino III on Sep. 12, aims to fight online pornography, hacking, identity theft and spamming following local law enforcement agencies' complaints over the lack of legal tools to combat cybercrime. However, the law came with tougher legal penalties for Internet defamation, compared to traditional media. It also allows authorities to collect data from personal user accounts on social media and listen in on voice and video applications such as Skype, without a warrant. Users who post defamatory comments on Facebook or Twitter, for example, could be sentenced to up 12 years in jail. Hacktivists take aim The other five petitions filed with the Philippine Supreme Court, too, noted the law infringes on freedom of expression, due process, equal protection and privacy of communication, a separate report by GMA News Online on Saturday stated. Senator Teofisto Guingona...
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...implications. “In my attempt I am most concerned to separate the old from the new, that is, to discern which value changes we're encountering are really old stuff, like a movie we've seen before but with a different cast, and what is fundamentally new. “ An answer to this question should help us, in turn, to discover how, if at all, the internet promises to change our values and what ethical controversies it is likely to provoke. Introduction The internet has brought about value changes that are similar to challenges we have experienced through other phenomena though some are fundamentally new. Separating the old from new changes will help to discern what ethical controversies the internet is likely to provoke. Privacy: Old issue with new implications ...
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...------------------------------------------------- CYBER CRIME IN ITS VARIOUS FORMS ------------------------------------------------- Amneet Bedi ------------------------------------------------- CSE-Dept, RBCENTW Hoshiarpur ------------------------------------------------- e-mail.: amneetb2@gmail.com ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Abstract: This Paper is a review paper on the topic of Cybercrime and its forms. The paper describes very basic information about cybercrime. It includes introduction to cyber crime, its brief history, its types along with their brief description, today’s scenario regarding cybercrime and an introduction to cyber security as a weapon against cybercrime . The paper is best suited for those who want to understand what cybercrime exactly is at the beginners’ level and what are the prevailing cybercrimes. ------------------------------------------------- Keywords: Cybercrime, cyber security, Hacking, spoofing, Cyber stalking, DOS Attack, Computer Vandalism, Cyber terrorism, Softaware Piracy, Phishing, Data diddling, Virus/ Worms, Trojan ,Cyber Laundering, Cyber contraband. ------------------------------------------------- Introduction: Today , the world is moving towards a point where everything from banking, stock exchanges, traffic control, telephones to electric power, health care, welfare and education depends on software. Undoubtedly, this advancement...
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...CYBER CRIMES Cybercrime has been one of the cases that rise nowadays. Some of us may do not know what cybercrime is. Cybercrime is activity with criminal motive and with intention to harm others or stealing something (such as personal information, money, etc.) that using computer or network as its media. The scope of cybercrime could be very narrow, such as stealing examination questions from school’s bank data. It also could be on a very big scope like threaten national security system, or stealing money for someone’s bank account. Cybercrime becomes hot issue since this is one of the crimes that are hard to prevent, difficult to investigate, and need some people with special IT ability to prevent and stop this action. Once cybercrime happened, it will be hard to stop and take a long time to investigate while the crime still happening. Some of the cases on cybercrime are involving our young generation. The cybercrime case that often faced by young generation is cyber bullies. Cyber bully is activity to bully or harm other people by using computer, SMS, MMS, and network as its media. For example, disseminate indecent photo that harm others via internet. According to dailymail.uk, an e-newspaper, one in four children targeted by cyber bullies. It makes thousands depressed and even suicidal. Another interesting fact is one in fifteen teacher also targeted by cyber bullies. The effect of this kind of cybercrime to the young generation are, first, it will make them feel paranoid...
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...have chosen to my term paper on Cyber Crime. I chose this topic because I myself have been a victim of this malicious crime in the past. With knowledge I can warn others. Cybercrime can only be described as illegal activity committed on the Internet. I thought it would be good for me to make myself aware of all the research behind this topic so that I will not be a victim again. Cybercrime is a very serious offense and a lot of people do not even realize they have been a victim of it. Cybercrime is no laughing matter. Criminal activities in cyberspace are on the rise. (National Research Council, (NRC), 1991) Computers today are being misused for illegal activities like e-mail espionage, credit card fraud, spams, and software piracy and so on, which invade our privacy and offend our senses. The internet, along with its advantages, has also exposed us to security risks that come with connecting to a large network. Cybercrimes can basically be divided into three categories: Cybercrimes against persons, cybercrimes against property and cybercrimes against the government. As cases of cybercrimes grow, there is a growing need to prevent them. Cyberspace belongs to everyone. Cybercrime is a menace that has to be tackled effectively not only by the official but also by the users by co-operating with the law. Cybercrime is one of the fastest growing areas of crime. More and more criminals are exploiting the speed,...
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...topic of Cybercrime and its forms. The paper describes very basic information about cybercrime. It includes introduction to cyber crime, its brief history, its types along with their brief description, today’s scenario regarding cybercrime and an introduction to cyber security as a weapon against cybercrime . The paper is best suited for those who want to understand what cybercrime exactly is at the beginners’ level and what are the prevailing cybercrimes. Keywords: Cybercrime, cyber security, Hacking, spoofing, Cyber stalking, DOS Attack, Computer Vandalism, Cyber terrorism, Softaware Piracy, Phishing, Data diddling, Virus/ Worms, Trojan ,Cyber Laundering, Cyber contraband. Introduction: Today , the world is moving towards a point where everything from banking, stock exchanges, traffic control, telephones to electric power, health care, welfare and education depends on software. Undoubtedly, this advancement and globalization offers many benefits to consumers and businesses but, unfortunately it also offers plenty of opportunities to organized crime. Globalization has promoted and strengthened the economics of illegal activities; offenders have become international entrepreneurs. The Internet provides money and information to all sorts of customers and businesses. It is notably the home of virtual worlds and their economies, which have attracted many people, including criminals. The unholy marriage of the Internet and crime has created a new form of crime -“CYBERCRIME” What...
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