Welcome to internet crime.

The Internet provides a medium for communication and information sharing unparalleled in the history of this planet. Unfortunately, there is also a darker side to all this technological glitter: Internet Crime. You've probably experienced Internet Crime in one form or another: spam, chain-letters, scams, and viruses being the common nuisances that they are. You might even be committing Internet Crimes consciously or unconsciously yourself: using pirated software or borrowing someone's intellectual property without their consent. "Are these things criminal activities?" you may be asking yourself. And, that is a good question to ask. What constitutes an Internet Crime? Who decides? Who will enforce the laws which will inevitably arise in an attempt to control Internet Crime? The answer to these questions is where the heart of the problem of Internet Crime lies.

There is no standard definition of what constitutes an Internet Crime. Generally, internet crime is a criminal act that is committed while using the internet or while on the internet.

Types of internet crime.

Surely you've heard the phrase "Internet crime" on more than one occasion. Type in a search and you'll hear all about people who have had their bank accounts or paid for items they never received. Some people unlucky enough to be a victim of internet crime have even had their identity stolen. To be aware of this crime, we need to know the types of the internet crime.

1. Internet fraud.

The term "Internet fraud" refers generally to any type of fraud scheme that uses one or more components of the Internet - such as chat rooms, e-mail, message boards, or Web sites - to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to other connected with the scheme. Internet fraud categories listed below:

• Financial Institution Fraud- Knowing misrepresentation of the truth or concealment of a material fact by a person to induce a business, organization, or other entity that manages money, credit, or capital to perform a fraudulent activity. Credit/debit card fraud is an example of financial institution fraud that ranks among the most commonly reported offenses to the IFCC.

• Gaming Fraud- To risk something of value, especially money, for a chance to win a prize when there is a misrepresentation of the odds or events. Sports tampering and claiming false bets are two examples of gaming fraud.

• Communications Fraud- A fraudulent act or process in which information is exchanged using different forms of media. Thefts of wireless, satellite, or landline services are examples of communications fraud.

• Utility Fraud- When an individual or company misrepresents or knowingly intends to harm by defrauding a government regulated entity that performs an essential public service, such as the supply of water or electrical services.
• Insurance Fraud- A misrepresentation by the provider or the insured in the indemnity against loss. Insurance fraud includes the “padding” or inflating of actual claims, misrepresenting facts on an insurance application, submitting claims for injuries or damage that never occurred, and “staging” accidents.

• Government Fraud- A knowing misrepresentation of the truth, or concealment of a material fact to induce the government to act to its own detriment. Examples of government fraud include tax evasion, welfare fraud, and counterfeit currency.

• Investment Fraud- Deceptive practices involving the use of capital to create more money, either through income-producing vehicles or through more risk-oriented ventures designed to result in capital gains. Ponzi/Pyramid schemes and market manipulation are two types of investment fraud.

• Business Fraud- When a corporation or business knowingly misrepresents the truth or conceals a material fact. Examples of business fraud include bankruptcy fraud and copyright infringement.

Fraud is more likely to affect an individual than a company. And fraud is more likely to be performed by an individual than a company. With a little common sense, most Internet fraud can be avoided.

2. Child pornography.

Initially, the idea of child pornography and sexual abuse is appalling to most people. Innocent young bodies and minds unprepared for the physical and emotional assault of sexual abuse and manipulation by alleged adults is one side of the coin. On the other side, the right for children to have sexual identities is being arbitrarily denied them. Again, it is a problem of definitions.

How do we define a "child" or an "adult"? How do we determine when a child is biologically and emotionally ready to engage in sexual activities? For that matter, how do we define "sex", "pornography", "obscenity", and "abuse"? In the U.S. alone, the age of legal consent can vary state-to-state from age 14 to age 18. Some countries have not established a legal age of consent. Other countries have set the legal age of consent as low as age 12. "Children" themselves have no voice in the decision making process. Rather, the legal age of consent is based on social/cultural/political/religious/historical biases and not on any quantifiable, scientific data. The problem goes even deeper than this.

3. Piracy.

In 2001, the Business Software Alliance commissioned a study on worldwide business software piracy. The study showed that in 2000:

The world piracy rate increased to 37%

$11.75 billion was lost due to piracy.

By region, Eastern Europe had the highest piracy rate at 63%, and has had the highest piracy rate in every study since 1994.

North America's piracy rate decreased to 25% from 31% in 1994.

Vietnam has a piracy rate of 97%—the highest rate of all countries in the study.

What is intellectual property? According to the World Intellectual Property Organization, "Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs." As you can see, intellectual property covers a lot of territory. Unfortunately, the nature of the Internet lends itself well to piracy. Piracy is the act of copying copyrighted material. Every page you visit is stored on your computer for some amount of time. And, we are forever being asked to download something: software itself, upgrades, patches, files, graphics, sounds, and scripts. It becomes habit forming, and we begin to believe that we have a right to acquire anything we find on the Internet. But, this is simply not the case. I think we need to remind ourselves of this regularly.

4. Privacy.

As with all Internet Crime topics, there is a problem with definitions. What is privacy? Do we have rights to privacy? In what situations could our right to privacy be abused? What is the difference between privacy and security? Definition of privacy is: information, data, or facts about us taken without our expressed permission or consent; and information, data, or facts about used for purposes without our expressed permission or consent. Receiving information that has not been requested and automatically being redirected to a different website seem like invasions of privacy to me. I think that the difference between privacy and security is that privacy is the protection of an individual. Security is the protection of a group: a network, a company, or a nation.

While not necessarily illegal, there are several things on the Internet which it consider being an invasion of my privacy: spam (mass e-mailing), chain-letters, pop-up windows for advertisements, automatically being redirected to a different site, cookies, and Spy ware being the first ones to come to mind. Most of these things can be dealt with by downloading software or turning on features of the software one already owns that blocks or filter out these nuisances. Take a look at the links on the left side of the screen to get more information on how to go about this.

Are there illegal activities concerning privacy on the Internet? Unfortunately, yes, there are. Identity Theft is probably the most serious instance. When your credit card information, passwords and ID's for your accounts, or other information that uniquely identifies you are stolen, it is an illegal activity which can have serious consequences for you as well as the person committing the crime if (when?) they are caught

Businesses also need information to better market and target their products. Web designers would like to create sites that attract people and are useful to people. Governments require information to better serve their citizens. Information has become a valuable commodity. The Internet is a useful source for information. Is a lack of privacy the price we pay for using the Internet? Is it a price you are willing to pay?

5. Security.

In the privacy section of this site definition of security is: protection of a group; a company, a network, or even a government. Security also affects individuals directly and indirectly; though for political or economic reasons this is less likely to be the case. It is more profitable to steal data about a group of people than an individual. And, activities such as hacktivism (hack + activism) are more likely to draw mass media attention if a large number of people are involved. Security affects us indirectly in that governments increase taxes in order to implement costly security systems, and companies raise their prices to cover rising security costs. As protection devices become more sophisticated, so do the means of attack.

6. Stalking

Cyber stalking has received a lot of media hype in the past couple of years. Cyber stalking is a type of Internet crime that is of particular concern for teenagers and young adults. Social networking websites such as “MySpace” make it very easy for criminals to learn private details about a victim’s hobbies, interests, friends, family, and daily schedule. Cyber stalking Internet crimes may also lead to sexual assault if the perpetrator is able to convince the victim to appear for a personal meeting. Yet, cyber stalking is another online phenomenon difficult to define. Spamming, flaming, sexual predators, pedophilia, harassment, threats, hate crime, date/acquaintance rape, and identity theft have all in some way been associated with cyber stalking. However, there is a lack of any concrete statistical evidence to support the claims made about cyber stalking. Depending on the definition of cyber stalking and harassment, the Internet does provide an environment in which cyber stalking could proliferate.

To conclude, as the Internet continues to develop, new legal issues will also develop. New types of crime, and new theories for criminal prosecution, will be implemented to meet the continually evolving state of the online world. Internet crime is undergoing constant change. If you are charged with an Internet crime, seek legal advice from an attorney who is knowledgeable in this area of the law.