Cybercrime and the computer to override protective functions or

otherwise engage in destructive behavior.

Computer Crime An attacker may also seek unauthorized access
to a computer in order to convert the com-
JESSICA BREGANT and puter’s resources to the hacker’s own use. A
ROBERT BREGANT II common example of this, called a “botnet,” is
a network of compromised computers to be
Computer and cyber crimes are a rapidly growing used for resource-intensive tasks such as send-
subset of criminal offenses. These criminal acts are ing unwanted advertisement e-mails, or “spam,”
frequently committed in bulk and span the globe, to a very large number of people at a time (Ander-
leading to increased difficulties in apprehending son et al. 2012). These botnets may be used by
the perpetrators. The terms “computer crime” their creators, or as has become a common case in
and “cyber crime,” which are often synonymous recent years, leased to others for use as infrastruc-
and used interchangeably, refer to criminal acts ture for further malicious activities. The attacker
in one or more of three categories: a “traditional may also use a malicious computer program to
form of crime . . . committed over electronic damage the computer, to spread the program
communication networks and information sys- to other machines, or to steal information or
resources from the computer. Viruses and worms
tems,” the “publication of illegal content over
are two types of computer programs that can
electronic media,” or any “crime unique to elec-
exploit vulnerabilities in computer systems and
tronic networks” (Commission of the European
can be easily spread from one system to another.
Communities 2007).
A virus spreads through user actions, such as
Unauthorized access, colloquially called “hack-
sending e-mails, while a worm spreads through
ing,” is the classic example of a computer crime.
a network without user involvement. An attacker
In many ways, unauthorized access to a com-
may use a virus or worm to gain access to the
puter or system is analogous to physical trespass,
system as well; thus, a single virus or worm may
and it may include gaining access to restricted act as both the means, by permitting access to the
systems or exceeding one’s authorization on a system, and the end, by carrying out the malicious
system to which one may have legitimate access actions on the target computer, of a cyber crime
(Kerr 2003). Like trespass, hacking is often a (Peretti 2008).
precursor for other criminal acts (Kerr 2003); A computer need not be connected to the
unauthorized access provides an attacker with internet to fall victim to an attack, although, due to
very little unless the goal is simply increased rep- the individualized nature of the attack, accessing
utation in the “hacking” community. Subsequent a non-networked system is both more costly to
actions, however, can vary widely, and may range the attacker and more complicated to successfully
from user annoyance and disruption of services to achieve. An individual who gains physical access
extortion and theft of information or important to a system may compromise that system even
documents. Though physical damage to systems if it is completely isolated. Additionally, a user
was long thought to be outside of the realm may unknowingly compromise a non-networked
of possibility, recent attacks on industrial con- system through removable media that has been
trol systems, such as the Stuxnet virus’s damage previously infected while attached to a networked
to Iran’s nuclear facilities in 2010, have proven system (Congressional Research Service 2012).
otherwise (Congressional Research Service 2012). Accessing resources through normal channels
An attacker may now be able to cause physi- with a legitimate account belonging to another
cal damage to the computer’s hardware or to also often falls under the broad banner of “hack-
related assets that the computer controls, such as ing.” The target could be an email account, a
industrial equipment, by sending instructions to bank account, or any other system that a user

The Encyclopedia of Criminology and Criminal Justice, First Edition. Edited by Jay S. Albanese.
© 2014 John Wiley & Sons, Inc. Published 2014 by John Wiley & Sons, Inc.
DOI: 10.1002/9781118517383.wbeccj244
2 Cybercrime and Computer Crime

would access from a computer. Unauthorized The same techniques that can be used to
access to these accounts may be achieved in a commit computer and cyber crimes against
variety of ways, ranging from purely social to private individuals and organizations can also
highly technical. For example, using a method be employed against nation-states. Common
known as “social engineering,” a criminal may scenarios include the use of unauthorized access
contact a customer support line and impersonate to extract sensitive information, the use of
a customer to induce employees into divulging viruses or worms to disable computer-dependent
information that may grant the criminal access governmental functions, or the use of malicious
to the system. “Phishing,” a type of social engi- programs to damage national infrastructures
neering that involves asking the user to divulge (Congressional Research Service 2012). Cyber
their credentials by posing as a trusted authority, attacks can also use the internet to spread
can also be used to steal the credentials of a legit- misinformation in a broad campaign, such as
imate user (Anderson et al. 2012). In addition, one to undermine public trust in a government,
an attacker with sufficient access to a target may or more acutely, such as by widely reporting
simply attempt to guess any required credentials. a false emergency to prompt mass panic. The
Guesses may draw on specific knowledge of the complexity of such attacks can also make it
user (or similar users), or may employ a special- difficult to determine whether the attack is an act
ized computer program that can try billions of of war, an act of terrorism, or simply a crime,
guesses in seconds, a technique known as “brute which may have a significant impact on the
force.” Other more technical methods for gaining response that may be brought to bear upon such
user credentials include the use of malicious com- an attack (Brenner 2007).
While the potential exists to use computer
puter programs, called “keyloggers,” to record the
and cyber crimes as acts of war, many common
information a user types into the computer and
forms of computer crime are much more mun-
relay the information to the attacker as is com-
dane. Fraud is one of the most common goals
mon in the current variants of the Zeus banking
of computer and cyber crime, and it is a key
trojan (Anderson et al. 2012).
example of how a traditional crime can take on
The common use of the term “hacking” may
new dimensions through computers (Anderson
even extend to attacks against electronic resources
et al. 2012). Fraud occurs when someone misleads
that do not involve unauthorized access. The most
another party, typically to gain financial bene-
frequent such attacks, called denial-of-service fits. One common type of fraud, identity theft,
attacks, take aim at the systems that allow users often relies on collecting personal information
to access websites and network resources to make surreptitiously. Cyber identity thieves exploit the
them unavailable to intended users. Typically, the increased use of computing in our everyday lives
attacker simply overloads the infrastructure that to devise new ways of gaining access to personal
supports the system. By tying up the system’s information.
resources, the hacker ensures that the system will A cyber identity thief, like a hacker, may use
not be available to respond to legitimate requests. phishing techniques to deceive victims. In the
The attack may be accomplished with a single case of identity theft, the phishing often involves
malicious program, but it is also common for bot- the impersonation of a trustworthy source in an
nets to be used to overload the target system from electronic communication, generally an e-mail
several machines at once (Anderson et al. 2012). or website. For example, a phisher may send an
While some attacks are motivated by pure mal- e-mail to the victim purporting to be from a
ice, denial-of-service attacks are also frequently financial institution and claiming that there is
employed by those seeking to make a politi- a problem with the victim’s account (Anderson
cal statement (Congressional Research Service et al. 2012). The victim is then asked to verify
2012). Thus, the websites of governments, politi- his or her identity by providing the phisher with
cians, and businesses are common targets. Smaller personal information, such as a social security
organizations are most vulnerable, because their number or password, which the phisher will
infrastructures are often designed to accommo- then use to impersonate the victim to legitimate
date fewer users. businesses. Fraudulent identity information may
 Cybercrime and Computer Crime 3

even be used to claim benefits from government 2012), and opportunities for the exploitation of
agencies; for example, in 2011, the United States those users abound. Even commonly used web-
Internal Revenue Service issued an estimated five sites can become potential sources of crimes.
billion dollars in fraudulent income tax refunds Internet-based money laundering schemes, for
to identity thieves (TIGTA 2012). example, are increasingly common on employ-
Cyber identity thieves may also employ less ment websites, where they are often disguised as
direct techniques to collect information. Crim- work-from-home ventures (Hutchings and Lind-
inals can intercept information provided to a ley 2012). Social media sites such as Facebook also
genuine retailer over the internet, such as by present ways to identify targets. Sexual predators
utilizing the keyloggers discussed earlier or by may use the internet to contact victims, particu-
electronically eavesdropping on open or poorly larly taking advantage of the prevalence of web
encrypted wireless networks (Peretti 2008). Even use among children and teens. Such sites may
transactions that do not occur purely online can also provide the means for computer and cyber
provide opportunities for electronic identity theft crimes including stalking (or cyberstalking), and
through a technique called skimming, in which harassment.
an electronic device is used to collect infor- The use of the internet for communication
mation from credit and banking cards. Retail and distribution of information among crim-
employees may use a skimming device to copy inals is another important hallmark of cyber
card information before completing a customer’s crime. This includes electronic copyright infringe-
legitimate transaction, or skimmers may attach ment, or piracy, which uses networked comput-
the devices to places where cardholders swipe ers to share unauthorized copies of copyrighted
the cards themselves, such as automatic teller works, including movies, music, and video games
machines (Anderson et al. 2012). Viruses and (Anderson et al. 2012). It may also include the
worms may also be employed to collect personal distribution of content that is prohibited in all
identity information. contexts, such as child pornography. Criminal
The internet has also breathed new life into conspiracies may also take advantage of the inter-
some common confidence tricks, such as advance net. In particular, terrorist organizations increas-
fee fraud. Advance fee fraud is when a victim is ingly use websites and message boards to recruit
promised a sum of money in exchange for pro- members and raise money (Hinnen 2004). Addi-
viding some smaller sum to the con artist. Some tionally, the internet provides opportunities for
variants of advance fee fraud are Spanish Pris- criminals to buy and sell stolen goods, including
oner schemes, and scams including the Nigerian identities.
Letter, or 419 scam, which refers to a section of Computer and cyber crimes present several
the Nigerian Criminal Code dealing with fraud challenges for law enforcement. Historically, the
(Anderson et al. 2012). In a typical cyber scam, the greatest problem with pursuit and prosecution of
victim is contacted by someone claiming to know cyber and computer criminals has been technical.
where a large fortune is hidden or being held. The As law enforcement gains technical abilities to
scammer also claims to need some advance fee track and thwart modern attacks, however, classi-
to gain access to the fortune, and the victim is cal policing issues are becoming more significant
promised a generous reward in exchange for help. problems (Congressional Research Service 2012).
The explanation for the advance fees varies, but Jurisdictional difficulties, incompatible laws, and
the con artist may cite a need for money for travel significant underreporting all plague the inves-
to the location of the fortune, or to hire a lawyer tigation of computer and cyber crime. Experts
to get access to the fortune, or to bribe corrupt agree that most cyber criminals are not caught;
officials into releasing the fortune. some estimates suggest that as few as 5% of all
As cyber identity theft and cyber advance fee perpetrators are prosecuted (Kshetri 2009).
fraud both illustrate, the internet provides not Investigations are difficult to start as less than
only a means to accomplish the crime, but also 50% of computer and cyber crimes are ever
a means to locate and contact victims. Accord- reported; some experts estimate less than 10%
ing to recent estimates, there are more than two (Kshetri 2009). Some specific types of cyber
billion internet users worldwide (World Bank crime, specifically cyber espionage and extortion
4 Cybercrime and Computer Crime

of corporations, have virtually nonexistent References

reporting rates (Anderson et al. 2012). In
addition to underreporting, cyber criminals take
Anderson, R., Barton, C., Böhme, R., et al. (2012)
advantage of the fact that the internet provides Measuring the cost of cybercrime. Workshop on
them with access to distant victims, even though the Economics of Information Security, Berlin, June
most policing is still based on the location of the 2012. http://weis2012.econinfosec.org/papers/
victim. Because cyber criminals cross national Anderson_WEIS2012.pdf, accessed January 22,
borders in order to commit crimes, often digitally 2013.
Brenner, S. (2007) “At light speed”: Attribution and
crossing through many different nations during
response to cybercrime/terrorism/warfare. The Jour-
the commission of a single criminal act, the nal of Criminal Law & Criminology 97(2), 379–475.
incongruencies between the various jurisdictions Commission of the European Communities (2007)
is of critical importance. Towards a General Policy on the Fight Against Cyber
Governments around the world have struggled Crime. COM(2007) 267 final. Brussels: Commission
to make criminal laws keep pace with evolv- of the European Communities. http://eur-lex.
europa.eu/LexUriServ/LexUriServ.do?uri=COM:
ing criminal techniques (Congressional Research
2007:0267:FIN:EN:PDF, accessed January 21, 2013.
Service 2012). Efforts to harmonize the laws deal- Congressional Research Service (2012) Cybercrime:
ing with computer and cyber crimes have met Conceptual Issues for Congress and U.S. Law Enforce-
with some success, but the pitfalls are many ment. http://www.fas.org/sgp/crs/misc/R42547.pdf,
(Kellerman 2010; Congressional Research Ser- accessed January 22, 2013.
Hinnen, T. (2004) The cyber-front in the war on ter-
vice 2012). Making this already difficult task even
rorism: Curbing terrorist use of the Internet. The
more arduous, criminals may employ tools that Columbia Science and Technology Law Review 5(5),
are designed to protect against eavesdropping and 1–42.
tracking, such as encryption software that makes Hutchings, A., & Lindley, J. (2012) Australasian
the content and origin of their communications Consumer Fraud Taskforce: Results of the 2010 and
difficult or impossible to interpret (Hinnen 2004). 2011 Online Consumer Fraud Surveys. Canberra:
Australian Institute of Criminology. http://www.
Even within the United States jurisdictional issues
aic.gov.au/media_library/publications/tbp/tbp050/
may come into play. The organization responsible tbp50.pdf, accessed January 22, 2013.
for investigating a cyber crime may differ depend- Kellermann, T. (2010) Building a foundation for global
ing on the identity of the responsible party, a fact cybercrime law enforcement. Computer Fraud &
not known in a cyber investigation until far too Security 2010 (5), 5–8.
late (Congressional Research Service 2012). Kerr, O. (2003) Cybercrime’s scope: Interpreting
“access” and “authorization” in computer misuse
Finally, the individual cost of cyber crimes may
statutes. New York University Law Review 78(5),
not be seen as rising to such a level as would merit 1596–1668.
a police response. One recent estimate put the Kshetri, N. (2009) Positive externality, increasing
average cost of identity theft at US$197 per inci- returns, and the rise in cybercrime. Communications
dent (Symantec Corporation 2012). While this of the ACM 52(12), 141–144.
Peretti, K. (2008) Data breaches: What the underground
may seem trifling, cyber criminals often operate
world of “carding” reveals. Santa Clara Computer and
in bulk and therefore the net benefit of pursu- High Technology Journal 25(2), 375–414.
ing and prosecuting the perpetrator of that single Symantec Corporation (2012) 2012 Norton Study:
incident may be orders of magnitude greater. For Consumer Cybercrime Estimated at $110 Billion
example, it is estimated that a single botnet was Annually. September 5, 2012. Symantec. http://www.
responsible for one third of the spam generated symantec.com/about/news/release/article.jsp?prid=
20120905_02, accessed January 21, 2013.
in 2010, which earned its owners over US$2.7
Treasury Inspector General for Tax Administration
million, far greater than the return from a single (TIGTA) (2012) There Are Billions of Dollars in
piece of spam (Anderson et al. 2012). Undetected Tax Refund Fraud Resulting From Identity
Theft. Washington, DC: Department of the Trea-
SEE ALSO: Criminal Responsibility; Fraud; Iden- sury. http://www.treasury.gov/tigta/auditreports/
tity Theft; International Crimes; Stalking and 2012reports/201242080fr.pdf, accessed January 21,
Cyberstalking; Victimization, Theories of. 2013.
 Cybercrime and Computer Crime 5

World Bank (2012) Internet users. http://data. Skibell, R. (2003) Cybercrimes & misdemeanors: A
worldbank.org/indicator/IT.NET.USER/countries, reevaluation of the Computer Fraud and Abuse Act.
accessed January 21, 2013. Berkeley Technology Law Journal 18(3), 909–944.
Sommer, P. (2004) The future for the policing of
cybercrime. Computer Fraud & Security 2004 (1),
Further Readings 8–12.
United States Government Accountability Office (2007)
Cybercrime: Public and private entities face challenges
Brenner, S., & Schwerha IV, J. (2008) Cybercrime in addressing cyber threats. Washington, DC: Gov-
havens. The Computer & Internet Lawyer 25(9), ernment Accountability Office.
19–21. Wall, D. (2007) Policing cybercrimes: Situating the pub-
Provos, N., Abu Rajab, M., & Mavrommatis, P. (2009) lic police in networks of security within cyberspace.
Cybercrime 2.0: When the cloud turns dark. Com- Police Practice and Research 8(2), 183–205.
munications of the ACM 53(4), 43–47.