Monday, July 27, 2009

United Nations’ Definition of Cybercrime

Cybercrime spans not only state but national boundaries as well. Perhaps we should look to international organizations to provide a standard definition of the crime. At the Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders, in a workshop devoted to the issues of crimes related to computer networks, cybercrime was broken into two categories and defined thus:

a. Cybercrime in a narrow sense (computer crime): Any illegal behavior directed by means of electronic operations that targets the security of computer systems and the data processed by them.

b. Cybercrime in a broader sense (computer-related crime): Any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession [and] offering or distributing information by means of a computer system or network.

Of course, these definitions are complicated by the fact that an act may be illegal in one nation but not in another.

There are more concrete examples, including

i. Unauthorized access
ii Damage to computer data or programs
iii Computer sabotage
iv Unauthorized interception of communications
v Computer espionage

These definitions, although not completely definitive, do give us a good starting point—one that has some international recognition and agreement—for determining just what we mean by the term cybercrime.

Ref: Talwant Singh
Addl. District & Sessions Judge, Delhi

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