The concept of cyber crime is not totally different from the concept of conventional crime. Both include conduct whether act or omission, which cause breach of rules of law and counterbalanced by the permit of the state.
Crime is a social and economic phenomenon and is as old as the human society. Crime is a legal concept and has the sanction of the law. Crime or an offence is “a legal wrong that can be followed by criminal proceedings which may result into punishment.” The hallmark of criminality is that, it is breach of the criminal law.
A crime may be said to be any conduct accompanied by act or omission prohibited by law and consequential breach of which is visited by penal consequences.
Cyber crime is the latest and perhaps the most complicated problem in the cyber world. “Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cyber crime”
A generalized definition of cyber crime may be “unlawful acts wherein the computer is either a tool or target or both”. The computer may be used as a tool in the following kinds of activity- financial crimes, sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail spoofing, forgery, cyber defamation, cyber stalking. The computer may however be target for unlawful acts in the following cases- unauthorized access to computer/ computer system/ computer networks, theft of information contained in the electronic form, e-mail bombing, salami attacks, logic bombs, Trojan attacks, Internet time thefts, web jacking, theft of computer system, physically damaging the computer system.
REASONS FOR CYBER CRIME:
1. Capacity to store data in comparatively small space- The computer can store the data in a very small space. This affords to remove or derive information either through physical or virtual medium makes it much easier.
2. Easy to access- The problem encountered in guarding a computer system from unauthorized access is that there is every possibility of breach not due to human error but due to the complex technology. By secretly implanted logic bomb, key loggers that can steal access codes, advanced voice recorders; retina imagers etc. that can fool biometric systems and bypass firewalls can be utilized to get past many a security system.
3. Complex-The computers work on operating systems and these operating systems in turn are composed of millions of codes. Human mind is fallible and it is not possible that there might not be a lapse at any stage. The cyber criminals take advantage of these loop holes and penetrate into the computer system.
4. Negligence- Negligence is very closely connected with human conduct. It is therefore very probable that while protecting the computer system there might be any negligence, which in turn provides a cyber criminal to gain access and control over the computer system.
5. Loss of evidence- Loss of evidence is a very common & obvious problem as all the data are routinely destroyed. Further collection of data outside the territorial extent also paralyses this system of crime investigation.