Week 3: Criminal Activity in the Digital Society

Question 1

Ransomware

Answer 1

= when the machine is taken over through ransom and can be resetted through payment

Question 2

What is cybercrime?

Answer 2

= computer is the object of the crime (eg. catfishin) or as a tool (sale of illegal substance)

Question 3

John Clough’s classification of cybercrimes

Answer 3

Cyber-dependent Crime
Can only be committed using a form of ICT

Cyber-enabled
Traditional crimes increased by using various forms of ICT i.e. hacking

Computer supported crimes
- Use of ICT is an incidental aspct to the crime and may afford evidence
- eg. CCTV or cyberbullying

Question 4

Ease of access

Answer 4

= the knowledge of how to carry out activities that were previously limited to more knowledgable experts

Question 5

Challenges of regulating cybercrime

Answer 5

1. Technology moves fast and changes often
2. Is the crime still the same if it occurs in the cyberspace
   - Old wine in new bottles: Brenner 2004
   –> Behaviour is defintive factor
   –> Nulla poena sine lege

Question 6

Different approaches to cyber / computer crime

Answer 6

• Applying existing law to new activities
• Introducing new laws to address new activities

these can be national, regional and/or international level

Question 7

Covention of Cybercrime

Council of Europe

Answer 7

• Obligations on states to establish criminal offenses
• Obligations to create powers to investigate
• Obligations to create jurisdition
• Obligation regarding international cooperation

Question 8

Enforcing and managing law

Answer 8

Traditionally: law enforcement
Now: Intermediaries (eg. META)

Service Providers
- use automation/technical tools
- compares actual data of a picture to scan all pictures
- problem: right to privacy w/ encryption