Cyber-Enabled and Cyber-Dependent Crimes: An Overview

Cybercrime can be broadly categorized into two main types: cyber-dependent crimes and cyber-enabled crimes. Understanding these categories is crucial for legal practitioners, law enforcement, and anyone involved in cybersecurity, as they shape the approach to prevention, prosecution, and policy-making in the digital realm.

1. Cyber-Dependent Crimes

Definition: Cyber-dependent crimes are offenses that can only be committed through the use of computers, computer networks, or other forms of information communication technology (ICT). These crimes are inherently linked to the technology itself, meaning that without the use of computers or the internet, these crimes would not exist.

Examples:

• Malware Creation and Distribution: The development and dissemination of malicious software designed to damage, disrupt, or gain unauthorized access to computer systems.
• Hacking: Unauthorized access to computer systems to steal, alter, or destroy data. This includes activities such as data breaches where sensitive personal, financial, or industrial information is compromised.
• Denial of Service (DoS) and Distributed Denial of Service (DDoS) Attacks: These attacks overwhelm a network or system with excessive traffic, rendering it inoperable and causing significant financial and reputational harm to the targeted organization.

Legislation: When reviewing and charging a cyber-dependent crime, various legislations can be considered. For instance:

• Computer Misuse Act 1990 (UK): This act is central to prosecuting cyber-dependent crimes in the UK, covering offenses such as unauthorized access to computer material, unauthorized acts with intent to impair operation of a computer, and more.
• Data Protection Act 2018 (UK): This act deals with the protection of personal data and could be relevant in cases involving the unauthorized access or theft of such data.

2. Cyber-Enabled Crimes

Definition: Cyber-enabled crimes are traditional crimes that have been amplified or facilitated by the use of computers, computer networks, or other forms of ICT. Unlike cyber-dependent crimes, these crimes can exist without the use of technology but are made easier, more widespread, or more damaging through digital means.

Examples:

• Fraud: Cyber-enabled fraud includes activities such as phishing, where criminals deceive individuals into providing sensitive information (e.g., bank details, passwords) through fake websites or emails.
• Intellectual Property Theft: This includes the illegal distribution of copyrighted material (e.g., movies, music, software) over the internet.
• Cyberstalking and Cyberbullying: Traditional forms of harassment are enhanced by the anonymity and reach of the internet, allowing perpetrators to target victims online with greater ease and less risk of immediate detection.

Legislation: In prosecuting cyber-enabled crimes, the following legislations might be relevant:

• Fraud Act 2006 (UK): This act covers offenses related to fraud, including those conducted via digital means.
• Communications Act 2003 (UK): Sections of this act address harmful online communications, making it applicable to cases of cyberbullying and other forms of online harassment.

Practical and Operational Considerations

When prosecuting cybercrime cases, several practical and operational factors must be considered:

• Jurisdictional Challenges: Cybercrimes often cross national borders, complicating jurisdictional issues and the enforcement of laws.
• Evidence Collection: The digital nature of cybercrime requires specialized skills in collecting, preserving, and presenting electronic evidence.
• Victim Protection: In cases such as cyberstalking or cyberbullying, protecting the identity and safety of victims is paramount.
• Collaboration: Effective prosecution often requires collaboration between multiple agencies, including international bodies, to address the transnational nature of cybercrime.

Recommended Readings

For those looking to explore the topic further, the following resources are highly recommended:

1. Crown Prosecution Service (2019): Cybercrime – Prosecution Guidance. This guidance provides a detailed overview of the types of cybercrimes, relevant legislation, and practical considerations for prosecuting these cases. It is an essential resource for understanding how cybercrime is defined and dealt with within the legal system.
2. Europol (2018): Internet Organised Crime Threat Assessment (IOCTA) 2018. The report, particularly Section 4 on cyber-dependent crime, offers insights into the specific threats posed by cyber-dependent crimes, their impact, and the challenges in combating them. It highlights the evolving nature of these crimes and the importance of staying informed about the latest trends and threats in cyberspace.

These readings provide a solid foundation for understanding the complex landscape of cybercrime and the legal frameworks used to address it.