- 04/03/2013
- Posted by: essay
- Category: Free essays
Generally accepted in a criminal law is a presence at the article of crimes against property of three signs: physical, economic and legal. Establishment of these signs for computer information is the most acceptable method of its determination as the article of crime. Benson and Rosenthal (1997) emphasized that physical sign is a specific of computer information as the article of crime consists in impossibility of its attributing to material or to the non-material objects. Information as a non-material object joins in the system of public relations by a financial transmitter. Otherwise speaking, physical sign of computer information as the article of crime consists in its transmitter, which, as a rule, is understood as an object, thing, properties of which are used for a transmission, storage and treatment of information.
Since computer based crimes are rapidly becoming a big problem, lawmakers and police enforcement try to protect individuals and companies from computer based crimes and avoid people become victims. Making a research before this essay topic writing I make a conclusion that computer based crimes is an ordinary problem not only for our country, but for the whole world. Specialists in different areas looking for crime prevention techniques and check them in practice from day to day. buy term paper
Laws, prohibitive creation and distribution of viruses and other types of the harmful programs, are accepted in entire computer-controlled countries. Besides, often the actions of internet criminals get under the quite uncomputer articles of criminal codes – for example, swindle, extortion, illegal access to confidential information et cetera. These laws are regularly used in practice. So, during 2004-2006 for committing crime with the use of computer technologies a few hundreds of persons were arrested in the whole world. However, it is necessary to acknowledge that often similar crimes are accomplished by technical competent specialists, and it suffices serious hampers investigation of crime. Plus to those most criminal attacks are out of eyeshot polices – by reason of their relative insignificance. On these reasons it is possible to reduce the general level of computer criminality exceptionally by legal methods – but fully stop computer based crimes appearance and win this struggle is impossible.
In my opinion, the way how information about attacks is received always important. Yar (2006) demonstrated that this jump fully can be conditioned by large distribution of the high-quality systems on finding out unauthorized encroachments, if the question is exactly about breaking, but not spam, so-called scareware and to that to the similar attacks, to base on the social engineering. So, partly it can be question of not “amount of robberies”, but “quality of signaling” – the systems of notification became better. For example, in California now there is a law on which a company is under an obligation to report that it was broken up. And many more services and departments in which it is possible to appeal with complaints about an internet-swindle became in principle widespread. A question is yet and in that, how processes this statistics. In Britain all suffices conservative: the real cases are simply fixed here, when breaking and man happened gave swindlers some sum of money or financial harm was inflicted other easily determined appearance.
The senate of the USA ratified international convention on cybercrimes with purpose to facilitate their investigation. Convention of Council of Europe on cybercrimes, which started acting in 2001, is accepted in 41 country, including Canada and Japan has an own purpose. Purpose of convention creation is to drive to the concordance laws on computer crimes which in different countries differ from each other.
Williams (2006) said that police in United States and in all other world founds subdivisions on a fight against computer crimes, and makes it the large stake of offences, investigated these departments. National Cybercrime Training Partnership (NCTP) – engulfs local, at the level of the states and federal law-enforcement organs of United States. International Association of Chiefs of Police – IACP, comes forward as receiving party at Annual conference of law enforcement authorities on informative management, by a theme to which there are IT- safety and cybercrime. European Union created an organ by the name Forum on cyber crime. Great number of countries signed Convention of Council of Europe on cyber crime, which tries to standardize the European laws, touching criminality in the Internet area. Every organization and authors of any law dispose own opinion of that is consider cybercrime and that no. These determinations can differ in a greater or less degree.
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