Archive for category Cyber Law

Criminals With Computers

By Jane Sao

Criminals With ComputersThe phrase ‘cyber warfare’ appears as if it is ubiquitous at present. With the recent shocking Stuxnet attack, and attacks on a range of government sites across the globe, a number of observers have warned that we are heading into a new era of conflict.

Some critics, on the other hand, argue that this couldn’t be further from the truth. It is reasoned that a number of the IT companies who are warning of the threat of cyber warfare are the ones who stand to benefit more than any other in the event of governments around the world decide to take concerted action.

Further, many people believe that there are a number of countries which already have the cyber equivalent of nuclear weaponry (and the group is believed to be pretty similar to those who possess actual nuclear weaponry) and the likelihood of them becoming engaged in a war of mutual cyber extinction seems fairly remote.

Research released last month, on the other hand, reveals that in the UK cyber crime is a truly worrying issue. More than £25bn was taken out of the economy just last year on the back of cyber criminals, and with police struggling to get a grip on the problem that number looks likely to climb higher.

One of the problems when it comes to cyber criminals is that the people who commit such indiscretions often have little fear of being prosecuted, and with good reason. In spite of the massive amounts of cash being stolen in cyber crime cases, so far there have been surprisingly few actual sentences.

Yet another handicap is that many of the enterprises that have been struck by cyber criminals are unwilling to come forward for fear of negative PR. Accordingly a proportion of cyber crime is going uninvestigated.

The good news for customers is that of that £27bn, just a relatively reduced percentage was suffered by individuals and banks (many individuals judge that internet banking is a significant risk) have taken extensive steps to protect themselves. In addition, if you have broadband through a top class supplier like Sky, you may find that they build in protection measures for you.

Cyber theft, and cyber war, might seem like the stuff of science fiction, but they are a real concern at the moment and something that we, as consumers, should be wary of. That said, if you’re careful and have recently updated anti-virus software, you shouldn’t have an issue

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The Reappearance Of Characters From The Past On The Internet

By Yair Cohen

In our younger days, we have all done things which we ended up regretting. We have wronged people, we caused them upset. Guilty as charged. But no one can turn back the wheels of time and usually life goes on and people move on do to better and greater things.

But what if suddenly, almost out of the blue 10, 20, 30 years on, an image from the past decides to make a reappearance in our lives with the sole purpose of destroying everything that we have worked for; our family life, our business, our achievements, our good name and our reputation? You see, before the days of the internet, unless we had left behind a forgotten son or daughter we have been, relatively easily, being able to put the past behind us. It would have been almost inconceivable for someone, especially from another country to make a comeback into our lives and systematically destroy us. Now things appear to have changed, quite dramatically with shadows from the past being able to haunt us almost to the grave through the latest technology, with a click of a button.

Frank Backerfield (not his real name), a successful English entrepreneur who is very famous in the entertainment industry, has recently discovered that an image from the past has made a nasty reappearance with the sole purpose of completely destroying him. You see, when Frank was a bit younger, he used to be, let’s say, something of a playboy. He used to travel around the world, telling lots of rich women that he loved them when actually he just wanted to spend some good time with them. Apparently he left a number of broken hearts on the side of expensive hotels, expecting them to foot the bills and forget about him almost as quickly as they fell in love with him. At the time, neither of the parties involved believed that they would ever meet each other again and to be frank, most of the women that he engaged with, did not have any desire to even hear his name again.

After a number of years of messing around, Frank decided he had enough and that time had arrived for him to go ‘straight’. With the little bit of money that he had he started a small night club that he managed to run so well, that within a couple of years it was earning him a fortune. He then moved to open 4 more clubs in and around London until he become an established and very respected figure within the UK entertainment industry. Frank even got married to a lady from Middlesex, Clair, and they both lived in harmony with their 4 children in a lovely country home in a small village in Essex.

But then, one day, Frank received a phone call from a trusted friend, asking him if he happened to know a lady by the name of Laura Park, from Canada. The name did ring a bell but no matter how hard Frank tried to remember where he heard of this name before, he was unable to recollect specific details. The trusted friend then advised Frank to do an internet search of his name. It had been ages since Frank used the internet. Normally his wife, Clair, or one of his assistants would deal with the internet stuff for him because Frank was a very busy man who hated wasting time going online.

So Frank did a search on Google and to his astonishment he discovered that a Laura Park had written several blogs and even published a book (available on Amazon) about ‘How My Life Was Changed Following My Short Encounter With The Fraudster Frank Backerfield’.

In her blogs, and in the book that she had self published, Laura Park had described her encounter with Frank some 25 years ago and how she claims he allegedly deceived her to sleep with him and to leave her ex husband and two children, just to be dumped by him within a fortnight. In her internet publications Laura Park has described Frank as a living monster; a person who must not be trusted, as a fraud and as a ruthless conman. She declared very openly her intention to destroy him and her personal commitment to turn everything Frank had ever created into ashes.

Unbeknownst to Frank, Laura Park’s campaign had gone on for a number of years. She posted personal videos on YouTube, MSN and other websites which host videos. She created tens of blogs and websites and told her ‘story’ in every possible forum on the internet.

But it was not until Google had changed its algorithm that her blogs started to appear everywhere on the internet against the search of Frank Backerfield’s name.

Initially Frank decided to ignore this campaign and to continue his focus on his business instead, but as the inquisitive telephone calls from friends, family and business associates started to increase and as the pressure from his wife, Clair started to grow, he decided that he needed to do something about this matter. His business started to suffer and he could not stand the thought of him being labelled as fraudster, in front of the whole world.

Well, fixing this was not going to be very easy. This woman clearly set herself on a mission and as it appears, was now devoting her life to destroying him no matter what. She was living outside the jurisdiction of the English Courts and was posting all her lies through websites which were located outside the UK. To add to this, the quantity of the defamatory material was so great and a major clear up was required, which was not going to be easy and would not come cheap.

way to deal with this menace was to take a very systematic approach by starting off the cleaning operation from scratch. As there was very little point in trying to persuade Laura Park to stop her campaign, it was decided to obtain injunctions against the internet service providers who hosted the material which she has posted. Once an injunction was obtained, the next step would be to enforce it across the world by using process servers and local lawyers who would serve the injunction on all the parties involved. This way, one by one the posts would be removed and the hundreds of internet links which point to these posts would become inactive and eventually be removed by the search engines’ Spiders. At the same time, a defensive Search Engine Optimisation strategy would ensure that the vacuum which was left by the disabled links was filled with plenty of articles, blogs and information about Frank Backerfield.

From this point onwards, Frank Backerfield’s kept an eye on his online reputation to ensure that any new postings by Laura Park about him or his company was being removed, using the injunction which has already been obtained. Frank’s reputation could be completely restored within 3-4 months and will never be destroyed again in such a way.

Yair Cohen is a leading UK online defamation and internet solicitor. Yair is a partner with the niche internet law firm Bains Cohen. The firm is renowned for its innovative approach to resolving client’s online reputation problems and for the exceptional level of client and customer care that it practices.

Yair Cohen is believed to be the first lawyer in the United Kingdom to have obtained court injunctions against Google, YouTube and other main internet service providers to force the companies to remove defamatory content from various blogs and websites. Yair’s main strength is in his superior knowledge and understanding of the law in the context of the new realities which the internet presents. The secret to his success in removing defamatory websites is in his unique ability to combine vast amounts of technical knowledge with a unique and creative way of applying it to the law and to business reality.

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Cybercrime – Easier Than Ever To Be Accused

By David Yannetti

How to Find the Best Criminal Attorneys and LawyersBroadly, illegal activity involving a computer may be called a cybercrime. With the advent of the Internet, cybercrime has exploded – not surprising with over one billion people using the Internet worldwide. There is no shortage of potential targets, and victims and perpetrators can be separated by oceans.

The anonymity of the Internet allows for low costs and leaves few traces, and cybercriminals may be either solo operators or parts of larger schemes, possibly even affiliated with organized crime. Ironically, technology makes it easy to create fraudulent online material that looks identical to the Internet marketing Web pages of legitimate entities.

The increase in Internet activity has brought more prosecution. Because of the facelessness of those committing these crimes, it is easy for law enforcement investigators to use circumstantial to prosecute the wrong people.

Unified Law Enforcement Action

The Internet Crime Complaint Center (IC3) is a joint program of the Federal Bureau of Investigation (FBI), the U.S. Department of Justice’s (DOJ’s) Bureau of Justice Assistance (BJA), and the National White Collar Crime Center (NW3C), a nonprofit organization dedicated to supporting law enforcement in its fight against “economic and high-tech crime.”

The IC3 is a clearinghouse for complaints of cybercrime and related civil law violations. Complaints filed with IC3 online are reviewed by analysts for forwarding to local, state, federal or international law enforcement, or civil agencies with jurisdiction to investigate and prosecute potential cybercrimes.

Rising Rates

The IC3 released its 2009 report on cybercrime in March and the findings show an explosion of illegal online activity. For example, the number of complaints filed with IC3 in 2009 was up over 22 percent from 2008 numbers. Monetary loss connected to online fraud almost doubled to about $560 million compared with $265 million the year before.

Online criminal complaints increased substantially again last year, according to the report. The IC3 received 336,655 2009 complaints, a 22.3 percent increase from 2008. The total loss linked to online fraud in 2009 was $559.7 million, up from $265 million in 2008.

This growth has placed great pressure on law enforcement to “do something” about the problem. This usually means the police arrest more people and prosecutors prosecute more. The increased pressure on law enforcement can lead to a “rush to judgment,” such that false accusations are levied at innocent people.

Common Types of Financial Cybercrimes

Identity theft: Someone can steal your identity by using personal information like your social security number (SSN), driver’s license number or credit-card account number to commit fraudulent transactions such as opening credit or bank accounts, taking out loans or making large purchases. The Internet can be the vehicle both for pilfering of personal information, and for using it to commit online misrepresentation and theft. Such crimes can severely damage credit ratings.

Internet fraud: The Internet can be used to commit many illegal acts involving fraud. E-mails, chat rooms and websites are used to conduct a variety of fraudulent schemes. Fraud may be used to approach individual victims online, engage in fraudulent business activities or deal deceptively with banks and other financial institutions.

Incomplete transactions: In any exchange of goods or services for money, the parties must act in good faith and rely on each other to complete the transaction. Unfortunately when things are bought over the Internet, either party can get burned. The seller can keep the money and not send the item, or the buyer can keep the item and not pay for it. Many variations on this theme are carried out every day in cyberspace.

Online auction fraud: Auction sites commonly concern allegations of economic fraud. Auction websites conduct virtual auctions for a variety of items and are extremely popular with the public. Unfortunately, fraud can occur in several ways, such as:

  • A seller may never send the item to the winning bidder after receiving payment
  • A seller may send an inferior, damaged or knockoff product
  • A buyer may submit a high bid to hold off other bidders and withdraw it at the last minute so a low bid by an associate is successful
  • A seller may arrange for someone to drive bids higher

International cybercrime: Schemes international in scope include invitations to enter foreign lotteries, and money offers in exchange for assistance with money transfers into the United States or into overseas accounts for supposedly sympathetic causes. Nigeria is often associated with these dangerous offers, specifically called 419 schemes in reference to a section of the Nigerian Criminal Code.

Phishing – Phishing is an attempt to get personal information by using an e-mail that appears to be from a trusted source such as your bank, asking that sensitive data be sent by return e-mail. Phished e-mails are often sent en masse.

Spoofed websites – Those with technical expertise can create professional-looking websites for fake charities designed to obtain personal information in the process of collecting donations.

Protect Yourself from Overzealous Prosecution

With the wide variety of cybercrimes and the enormous increase in their frequency, law enforcement is under pressure to prosecute anyone it suspects of cybercrime. The novelty of methods used to commit cybercrimes often means that many law enforcement entities – with little investigative experience – are not prepared to fully investigate these cases. It is in this context that mistakes are often made in determining whom to charge with a given cybercrime.

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