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5.1
Cybercrime and Cybercrime Tools
Computer-related crime is a long-established phenomenon, but the growth of global
connectivity is inseparably tied to the development of contemporary cybercrime. Today’s
cybercrime activities focus on utilizing globalized information communication technology
for committing criminal acts with transnational reach.
67
Cybercrime is perhaps one of the
more clearly identified thematic areas of cybersecurity and the one where there is almost
universal agreement on best practice, as expressed in the Budapest Convention (the
Council of Europe Convention on Cybercrime).
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The term cybercrime is used to refer both to traditional crimes (e.g., extortion, fraud,
forgery, identity theft, and child exploitation) that are committed over electronic networks
and information systems as well as to crimes unique to electronic networks (e.g., hacking
and denial of service attacks).
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‘Definitions’ of cybercrime mostly depend upon the purpose of using the term. A limited
number of acts against the confidentiality, integrity and availability of computer data or
systems represent the core of cybercrime. Beyond this, however, computer-related acts for
personal or financial gain or harm, including forms of identity-related crime, and computer
content-related acts (all of which fall within a wider meaning of the term ‘cybercrime’) do
not lend themselves easily to efforts to arrive at legal definitions of the aggregate term.
Certain definitions are required for the core of cybercrime acts. However, a ‘definition’ of
cybercrime is not as relevant for other purposes, such as defining the scope of specialized
66
Id. at, 258-259.
67
Comprehensive Study on Cybercrime 4. 2013.
68
Satola & Judy, W
ILLIAM
M
ITCHELL
L
AW
R
EVIEW
, 1753 (2011); Convention on Cybercrime. Council of Europe.
(2001).
69
Teplinsky, A
MERICAN
U
NIVERSITY
B
USINESS
L
AW
R
EVIEW
, 249 (2013).
23
investigative and international cooperation powers, which are better focused on electronic
evidence for any crime, rather than a broad, artificial ‘cybercrime’ construct.
70
Numerous academic works have attempted to define ‘cybercrime.’ National and
international legislation, however, does not appear concerned with a strict definition of the
word. Rather, legislation more commonly referred to ‘computer crimes,’ ‘electronic
communications,’ ‘information technologies,’ ‘high-tech crime,’ ‘offence relating to
computer information,’ ‘criminal act of which the target is computer information,’ or ‘the
use of information resources and (or) the impact on them in the informational sphere for
illegal purposes.’
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It is clear from these approaches that a number of general features could be used to
describe cybercrime acts. One approach is to focus on the material offence object – that is,
on the person, thing, or value against which the offence is directed.
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Another approach is
to consider whether computer systems or information systems form an integral part of the
modus operandi of the offence.
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Identifying possible cybercrime offence objects and
modus operandi does not describe cybercrime acts in their entirety, but it can provide a
number of useful general categories into which acts may be broadly classified.
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In 2007, Wall suggested three main categories of cybercrime: (i) computer integrity crimes,
which are offences relating to the integrity of the computer systems (for example hacking
and DDoS); (ii) computer assisted crimes, which are offences assisted by computers (for
examples virtual robberies, scams and thefts); and (iii) computer content crimes, which are
offences that focus on the content of computers (for example pornography and offensive
70
Comprehensive Study on Cybercrime xvii. 2013.
71
Id. at, 11-12.
72
Francesco Calderoni,
The European Legal Framework on Cybercrime: Striving for an Effective
Implementation
, 54 C
RIME
,
L
AW AND
S
OCIAL
C
HANGE
(2010).
73
Ellen S. Podgor,
International Computer Fraud: A Paradigm for Limiting National Jurisdiction
, 35 U.C.
D
AVIS
L
AW
R
EVIEW
(2002).
74
Comprehensive Study on Cybercrime 15. 2013.
24
communication).
75
UNODC in its 2013 Comprehensive Study on Cybercrime proposes 14
acts that may constitute cybercrime, organized in those same three broad categories:
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