cyber crimes and torts

What is a Cyber Crime?

Cyber crimes are not literally defined within the judicial system because of the extent of inconsistencies and broad views of the law, rapid updates with technology, and physical and virtual locations of websites, organizations, and users (1). More basically, cyber crimes are defined as any crime in which a computer or technological device is used as a medium to commit the crime (2). This concludes that cyber crimes can be committed without being connected to the Internet. However, most cyber crimes are committed over the web. Cyber crimes are typically performed by hackers that use a tool or software as a means to gain confidential information and invade the privacy of the victim. Cyber crimes also involve attacks on computers, databases, and other systems (3). Cyber crimes can be committed in various forms such as spoofing, phishing, pharming, virus and worm attacks, Trojan attacks, information theft, hacking, denial-of-service attacks, and distributed-denial-of-service attacks (2).

What is a Cyber Tort?

Cyber torts are similar to cyber crimes in that the crime is committed using a computer or technological device. However, a cyber tort is a cyber crime that harms a particular person or persons as a result of the crime. Cyber torts involve defamation, cyber bullying, trespass to chattels, cyber stalking, and misrepresentation or fraud.

Who is at Risk to Cyber Crimes and Cyber Torts?

Anyone using a computer, especially a computer that is connected to the Internet, can fall victim to cyber crimes and cyber torts. A typical computer user should not worry if they understand the risks associated with using a computer and the Internet. Large corporations and business organizations are usually the victims of various attacks and torts in the cyber world. Hackers will attack organizations to acquire secret or private information so it can be revealed to the public to exploit the victim in a negative light. We will be discussing various court cases within the Wikispace dealing with organizations who have fallen victim to cyber crimes and cyber torts, as well as, attacks in popular culture that have not yet made it to the courts.

What is the Punishment for Someone Who Commits a Cyber Crime or Cyber Tort?

While how the law defines cyber crimes and cyber torts is still being evolved and established, so are the punishments associated with them. The Computer Crime & Intellectual Property Section of the United States Department of Justice does, however, define the punishment depending on the intentions and authorization status of the person at hand:

"Essentially, this new statute provides that individuals who access protected computers without authority are responsible for the consequences of their actions, but those accessing with authority are criminally liable only if they intend to cause damage to the victim (4)."

-Computer Crime & Intellectual Property Section of the United States Department of Justice

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