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INTRODUCTION: The term cyber crime is a misnomer. This term has nowhere been defined in any statute /Act passed or enacted by the Indian Parliament. The concept of cyber crime is not radically 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 sanction of the state.Before evaluating the concept of cyber crime it is obvious that the concept of conventional crime be discussed and the points of similarity and deviance between both these forms may be discussed. CONVENTIONAL CRIME 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. Per Lord Atkin the criminal quality of an act cannot be discovered by reference to any standard but one: is the act prohibited with penal consequences. 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 Cyber crime is the latest and perhaps the most complicated problem in the cyber world. Cyber crime may be said to be those species, of which, genus is the conventional crime, and where either the computer is an object or subject of the conduct constituting crime . 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(3) 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,

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e-mail bombing, data didling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web jacking, theft of computer system, physically damaging the computer system. DISTINCTION BETWEEN CONVENTIONAL AND CYBER CRIMEThere is apparently no distinction between cyber and conventional crime. However on a deep introspection we may say that there exists a fine line of demarcation between the conventional and cyber crime, which is appreciable. The demarcation lies in the involvement of the medium in cases of cyber crime. The sine qua non for cyber crime is that there should be an involvement, at any stage, of the virtual cyber medium. REASONS FOR CYBER CRIME: Hart in his work The Concept of Law has said human beings are vulnerable so rule of law is required to protect them. Applying this to the cyberspace we may say that computers are vulnerable so rule of law is required to protect and safeguard them against cyber crime. The reasons for the vulnerability of computers may be said to be: Capacity to store data in comparatively small space- The computer has unique characteristic of storing data in a very small space. This affords to remove or derive information either through physical or virtual medium makes it much more easier. Easy to access-The problem encountered in guarding a computer system from unauthorised 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. 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 lacunas and penetrate into the computer system.

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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. 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.

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CLASSIFICATION OF CYBER CRIMINALS: The cyber criminals constitute of various groups/ category. This division may be justified on the basis of the object that they have in their mind. The following are the category of cyber criminals1. Children and adolescents between the age group of 6 18 years The simple reason for this type of delinquent behaviour pattern in children is seen mostly due to the inquisitiveness to know and explore the things. Other cognate reason may be to prove themselves to be outstanding amongst other children in their group. Further the reasons may be psychological even. E.g. the Bal Bharati (Delhi) case was the outcome of harassment of the delinquent by his friends. 2. Organised hackersThese kinds of hackers are mostly organised together to fulfil certain objective. The reason may be to fulfil their political bias, fundamentalism, etc. The Pakistanis are said to be one of the best quality hackers in the world. They mainly target the Indian government sites with the purpose to fulfil their political objectives. Further the NASA as well as the Microsoft sites is always under attack by the hackers. 3. Professional hackers / crackers

Their work is motivated by the colour of money. These kinds of hackers are mostly employed to hack the site of the rivals and get credible, reliable and valuable information. Further they are ven employed to crack the system of the employer basically as a measure to make it safer by detecting the loopholes. 4. Discontented employees-

This group include those people who have been either sacked by their employer or are dissatisfied with their employer. To avenge they normally hack the system of their employee.

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NEWS ABAOUT CYBER CRIME;

KUALA LUMPUR, 14 JUNE 2011-Malaysian government agency CyberSecurity Malaysia and the country's Attorney General's Chambers is to hold an inaugural seminar to help dissolve barriers between legal and IT technical professionals in the fight against cyber crime, said the agencies. The AGCSM [Attorney General's Chambers] 2011 Seminar, called 'Bridging Barriers: Legal and Technical of Cyber Crime Case', is the first of its kind in Malaysia, which combines legal and technical aspects pertaining to cyber crime cases, according to CyberSecurity Malaysia chief executive officer, Lt. Col. Dato' Husin Jazri (Retired). "The Seminar will be held on 5-7 July 2011 at the Dewan Sri Endon, Puspanitari, Putrajaya, Malaysia. It will be officiated by YAB Dato' Seri Mohd Najib bin Tun Hj Abdul Razak, the Prime Minister of Malaysia and will be graced by YB Datuk Seri Dr. Maximus Johnity Ongkili, Minister of Science, Technology and Innovation (MOSTI) as well as YB Tan Sri Abdul Gani Patail, the Attorney General of Malaysia, which is under the PM's Department."

Husin said the objectives of the seminar included the raising of awareness of the legal issues connected to the investigation and prosecution of cyber crime cases. "In addition, the discussion will include the technical aspects such as real-time evidence gathering and computer forensics because cyber-related legal issues are tied up closely with the technical issues and finally to discuss the possibilities in bridging the gap between legal and technical aspects in cyber crime cases."

"Cyber security is a very important component of today's national security, public safety and privacy," he said. "With the advancement of technology, Internet usage in the country has increased tremendously and at the same time, we are all exposed to threats in the cyberworld. This Seminar will certainly be an excellent platform for all parties concerned to address and explore possibilities of bridging the gaps between the legal and technical aspects of cyber crime
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cases in order to improve and strengthen security capabilities and capacities in both legal and technical."

"Prosecutors today need to be familiar not just with the laws of evidence and procedure," said the Attorney General of Malaysia, YB Tan Sri Abdul Gani Patail, during a recent regional conference. "If they are to successfully prosecute a cyber crime, they also need to be 'IT-savvy'. In this regard, all States need to train specialist cyber crime investigators, prosecutors and judges on the use of the available legislative framework and in particular on the technical elements involve in prosecuting cyber crime cases. This is undoubtedly a resource-a heavy endeavour and a big financial investment for any law enforcement agency." Registration (www.agcsm,my) is open to law enforcers, regulators, prosecutors, policy makers, IT officers, industrial analysts, lecturers, researchers and academicians. Bernama) - THE Information, Communications and Culture Ministry has opened 20 investigation papers on cyber crimes in the first three months of this year. The crimes comprised dissemination of lies, misuse of information, defamation, sedition and pornography.Deputy Minister Datuk Joseph Salang Gandum said investigations were carried out under Section 211 and 233 of the Communications and Multimedia Act 1998 (Act 588) which provided a jail term not exceeding a year, or a fine up to RM50,000, or both, upon conviction. He said this in reply to Datuk Zaitun Mat who wanted to know how far the government would go to fight cyber crime threats. "Last year, 582 investigation papers were opened and probed, 422 of which were under Section 211 and 233 of the act. Apart from the act, those found to have abused the internet can also be charged under the Banking and Financial Institutions Act 1989, Capital Markets and Services Act 2007, Sedition Act 1948, Defamation Act 1957 or even under the Penal Code.

"Besides taking the culprits to court, the Malaysian Communication and Multimedia
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Commission (MCMC) will also block the access to phishing, fraud, illegal investment and pornography websites.".

The MCMC had also set up a bureau to receive complaints to identify and probe those responsible for providing and disseminating such content. -- Bernama

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WHAT WE CAN DO TO STOP CYBER CRIME ? Over the three days that Infosec 2011 runs at Earls Court from 19 21 April, UK businesses including corporate and government organisations like yours will lose 172million through cyber crime, and thats only a mid-range estimate. You know that protecting your business is an ongoing challenge with fresh threats appearing every day, made even more difficult in an environment where security budgets are increasingly tight. And the more you find out about different security threats, the harder it is to plan to cover all bases to stop your organisation becoming part of that statistic. Well fear not, intrepid security professionals, Infosec 2011 is here to help. Running from 19 to 21 April, Infosec 2011 is your annual opportunity to share in the latest thinking on all areas of IT security and the BT stand will be at the heart of the debate. The BT stand is the place to visit to get all your security questions answered. Come and hear the latest expert opinion on security and cloud computing, pick up hot tips on tackling the mobile security challenge, discover how best to deal with the risks of social media in the work place and much, much more. BT will have some of the worlds leading security brands including Check Point, Crossbeam and Bluecoat as well as some of BTs world-renowned security experts on hand to share the latest thinking in protecting organisations like yours; our stand presentations and discussions are always great debate-starters as well as giving vital insights. Well have high-profile industry experts Bruce Schneier and Jim Tiller as well as Ray Stanton, Global Head of Business Continuity, Security and Governance, joining us. Ray was voted one of the top three most influential people in the UK security industry in 2010 and is a driving force behind BTs visionary approach to IT security. Infosec 2011 will give you the insight you need to prevent cyber crime and much more, so come and find us on stand C92 (near the theatre and workshop area).

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FBI Struggling to Stop Cybercrime ,Failure to report known or suspected incidents is hindering the government's ability to keep the Internet safe, FBI says. By Dan Verton, Computerworld Nov 1, 2002 11:00 pm. Since the September 11 terrorist attacks last year, U.S. Federal Bureau of Investigation director Robert Mueller has taken the unprecedented step of making the fight against cybercrime and cyberterrorism the bureau's number 3 priority behind counterterrorism and counterintelligence. But private-sector cooperation in that fight remains woefully inadequate, Mueller told an invitation-only meeting of industry and government officials Friday. "We probably get one-third of the [cybercrime] reports that we would like to get," said Mueller, speaking at the National Forum on Combating e-Crime and Cyberterrorism, sponsored by the Arlington, Virginia-based Information Technology Association of America and El Segundo, California-based Computer Sciences. "You're not enabling us to do the job," Mueller said, referring to the lack of incident reporting coming from the private sector. Without more companies stepping forward and cooperating with law enforcement on prosecuting known or suspected cybercrimes, the FBI's analysis and prediction capability will not improve, nor will the overall state of security on the Internet, said Mueller. "We understand that there may be privacy [and public relations] concerns," said Mueller. "We, as an organization, have learned that you don't want us [responding] in raid jackets, you want us there quietly." However, for the attacks to stop, "there has to be a sanction." Improving Operations For its part, the FBI under Mueller's stewardship has undertaken a massive reorganization designed to make the agency more nimble and savvy when it comes to responding to and understanding cyberbased attacks against the nation's critical infrastructure.

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In addition to making cybercrime and cyberterrorism one of the bureau's top three priorities, Mueller said the FBI has changed its hiring practices to focus on recruiting "a new type of agent" that can bring a "bedrock of experience" from the world of IT.

The bureau has also taken steps to improve information sharing with other federal, state, and local agencies. So far, Mueller has set up three joint FBI-Secret Service cybercrime task forces and recently created a computer forensics laboratory in San Diego, with plans to establish additional labs throughout the country. The labs will include the participation of various agencies, including the Customs Department and the Immigration and Naturalization Service. Working Together Although it is "absolutely critical" that the private sector and the government work together, Harris Miller, president of the ITAA acknowledged that "the reality is that our interests are not always in alignment." However, the chances of successfully battling e-crime and cyberterrorism without government help "are literally zero," he said. Given the increasingly organized nature of cybercrime syndicates and various other "technogangs," it is critically important for companies to come forward when they are the victims of a crime, said Paul McNulty, U.S. Attorney for the Eastern District of Virginia. Without that cooperation, there is a real chance that "cyberspace could become an economic blighta?|where people are afraid to go." There remains, however, a "huge gulf between industry as vendor and industry as customer," said Marty Stansell-Gamm, chief of the Computer Crime and Intellectual Property Section at the Justice Department. Discussions have not yet taken place that would enable industry to speak with one voice, she said.

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Computerworld For more enterprise computing news, visit Computerworld. Story copyright 2011 Computerworld Inc. All rights reserved. News Technology Cybercrime Guardian and Observer books season 2011 ,Cybercrime: is it out of control?Spam, phishing, viruses, malware and identity theft cyber criminals are getting more audacious. Can anything be done?IS is one of the biggest providers of technology and card services to the banking industry worldwide. Unsurprisingly, cyber security is among its top priorities. The best way to stop the tide of global cybercrime may be to sue the pants off of the hosting companies and Internet Service Providers Online that are backing the crooks.

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References 1. Moore, R. (2005) "Cybercrime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. 2. Warren G. Kruse, Jay G. Heiser (2002). Computer forensics: incident response essentials. Addison-Wesley. pp. 392. ISBN 0201707195. 3. Mann and Sutton 1998: >>Netcrime: More change in the Organization of Thieving. British Journal of Criminology; 38: 201-229. Oxfordjournals.org 4. Internet Security Systems. March-2005. 5. Ophardt, Jonathan A. "Cyber warfare and the crime of aggression: the need for individual accountability on tomorrow's battlefield" Duke Law and Technology Review, February 23, 2010. 6. See, e.g., Telephone Consumer Protection Act of 1991, Do-Not-Call Implementation Act of 2003, CAN-SPAM Act of 2003. 7. Lepofsky, J. (2006, June). Cyberextortion by denial-of-service attack. Risk, Retrieved from http://www.eresecurity.ca/PDF/Cyberextortion%20by%20DoS,%20Risk%20Magazine%20June%20200 6.pdf 8. "War is War? The utility of cyberspace operations in the contemporary operational environment" U.S. Army War College, February 2010. 9. Weitzer, Ronald (2003). Current Controversies in Criminology. Upper Saddle River, New Jersey: Pearson Education Press. pp. 150. 10. Mann, D. and Sutton, M. (1998) >>Netcrime: More Change in the Organization of Thieving. British Journal of Criminology. 38:PP. 201-229 Oxfordjournals.org 11. "A walk on the dark side". The Economist. 2007-09-30. http://economist.com/displaystory.cfm?story_id=9723768. 12. http://www.dhs.gov/ynews/releases/20110803-napolitano-holder-announce-largestprosecution-criminal-network.sh

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