Introduction
Under this, the preliminary issues relating to this
work will be discussed. This chapter defines some of the related terms to this
discourse. The types and incidences of cyber crimes are also discussed in this
chapter. This is aimed at giving a conceptual analysis and clarification of the
key concepts used in this research.
Definition
of Related Terms
Computer
Computer has been defined to mean an electronic device
or medium that is capable of accepting inputs or data through input devices,
processes the inputs and generates appropriate results which are displayed
through output devices.1
From the foregoing, it is clear that
computer is a machine that performs tasks, such as calculations or electronic
communication, under the control of a set of instructions called a program.
Programs usually reside within the computer’s electronics. The program results
are stored or routed to output devices, such as video display monitor or
printers. Computers perform a wide variety of activities reliably accurately
and quickly.2
Crime
A crime is an act that the law makes punishable: the
breach of a legal duty treated as the subject matter of a criminal proceeding.
Nothing is a crime until it is
stipulated as such by a written law and punishment provided therein.3
Cyber
Crime
The concept of cyber crime is a relatively new
phenomenon in legal literature. The definition of cyber crime is still
evolving. Currently there is much debate among experts about what constitutes a
computer related or cyber crime. Cyber crime is generally understood to include
traditional activities such as fraud, theft or forgery whenever a computer is
involved. It can also include a number of new crimes like cyber-stalking cyber
crime can also include activities not considered criminal in one jurisdiction,
but punishable in another.
According to Dr. Mark G. Milone4 cyber crime describes those criminal
acts either committed entirely in cyber space such as various forms of identity
theft and bank fraud, or acts that have a physical component and are simply
facilitated through the use of internet – based tools. Such acts commonly
include unauthorized access to computer files and/or theft of proprietary
information, disruption of information housed in a remote computer with virus.
The term cyber crime is used
infer-changeably with computer crime.5
Hence computer crime has been defined as a crime involving the use of a
computer, such as sabotaging or stealing electronically stored data.6
An internationally accepted legal
definition that is used by most of the countries in Europe and North America as
well as South Africa and Japan was agreed to in the convention on cyber crime,
and entered into force on July 1, 2004. It stated that though the term cyber crime
is usually restricted to describing criminal activity in which the computer or
network is an integral or essential part of the crime, this term is also used
to include traditional crimes in which computer or network are used to enable
illicit acivity.7
Economic
Crime
This refers to a non-physical crime committed to
obtain a financial gain or a professional advantage. Most of the classes of
cyber crimes now fall within the category of economic crime since in most cases
they do not involve the use of arms or ammunitions. They are non-physical and
non-violent type of crimes committed with pens8
or a click of a mouse, with the aim of earning wealth illegally either as an
individual or as a group.9
Internet
/ Cyber Café
The internet is a network of computer networks, a very
wide collection of interconnected information resources.
Through the internet most of the
cyber crime are perpetrated and organized. The internet enables the computer
users to communicate with other users of computers all over the world at a
click of a mouse.
Cyber café is a type of café or
office with computers on which customers or users can access the internet, send
emails, and do other on line business. In this era, where most people have
access to personal computers, the relevance of cyber café is diminishing
gradually. However, lack of computer know-how and other Nigerian factors (such
as power failure and poverty) still make majority of Nigerians to patronize the
cyber café.
Software
/ Virus
Software means the aggregate of the
computer programs with their appropriate documentation and the data needed for
their operation.
Virus refers to a malicious software
program that can copy itself and infect a computer or file or another program
without permission or knowledge of the user. Viruses always corrupt or modify
on a targeted computer. It is worthy to note that a virus cannot be spread
without a human action such as running an infected program to keep it going.
1
Mbam, B.C.E (ed) Fundamentals of
Computer & Information Technology Copy Craft Int’l Ltd: Abakaliki, (2008) p. 1
2
Snyder, Timothy Law. “Computer”. Microsoft ® Encarta ® 2009 (DVD).
Redmond, W.A. Microsoft Corporation, 2008.
3 See section 36 (12) of the 1999
constitution (as amended).
4 M.G. Malone, Hacktivism and Securing the
National Infrastructure (New York:
JAVA, 2002) P.7
5 Black’s Law Dictionary 9th Ed.
As edited by Bryan A. Garner at P. 427
6 Ibid.
7
Council of Eurpe’s Convention on Cyber Crime (Budapest, 23, 2001: TSI 85 (2004) and
Explanatory Report: Available at http://www.coe.int.
visited May 30,2011.
8 The pen is often mightier than the
sword.
9 See also S. 46 of the EFCC Act, Cap EI LFN
2004.
10 See www.onguardenline.gov/topics/emailscams.aspx
Visited June 13, 2011.
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