Cyber Crimes - Legal Definition

Cyber crimes can be divided into three categories

A) Using a computer to commit a crime against a person

B) Using a computer to commit a crime against property

C) Using a computer to commit a crime against the government

Cybercrimes that are classified against a person, property, or government are included but not limited too :

1) Transmission of child-pornography.

2) Harassment of any one through e-mail, social networking site, and any internet protocol based traffic.

3) Trafficking, distribution, posting, and dissemination of obscene material including but not limited to pornography and   indecent exposure.

4) Transmission of a computer created virus with intent to cause damage to systems or theft of data.

5) Use of computer to aid in the committing of white collar crimes.

6) Identity theft.

7) Cyber terrorism where an individual “cracks” into a government or military network or web site with intent to destroy, alter, or steal data.

8) Unauthorized access where using programming abilities one with malicious intent gains unauthorized access to a network or system.

9) Damage to computer source code.

10) Hacking or publishing electronic information which is lascivious or prurient, breaching confidentiality, and publishing false digital signatures.

11) Software piracy

          
Cyber Crimes - Defense

 

The defence of cyber crimes usually requires and active examination of the methods and practices used by law enforcement in the way they approached their investigation. The rationale for this is to judge which will be the best possible method of defense, examples of this are :

• Was the search /seizure illegal

• Did law enforcement use some sort of outrageous, ridiculous, or downright bizarre methods that were in violation of your rights under due process.

• Did law enforcement create a crime hence entrapment.

• Was the so called act or intent even carried out.

It is imperative to note that the state or federal government has the burden of proving that you are the actual person who was using the computer that was complicit in the offense, or whether others had access to the acutal computer.

Many aspects of cyber crimes can be extremly complicated to defend. An example of this are cyber related sex crimes, they usually require a forensic computer expert to determine when and how any incriminating evidence was placed on a computer and if so how were they handled. The ip address of the connection, the hardware mac address of the internet connection, as well as the pressence of any wireless connection and the security attached to it.