Cybercrime is the use of computer technology to commit a crime. Cybercrime has evolved and become more sophisticated as a result of advancements in computer technology. As technology advances, so do the crimes involved.

There are two types of cybercrimes: those that are cyber-dependent and those that are cyber-enabled. Cyber-dependent crimes require the use of computers or computer technology to commit the crime. Cyber-enabled crimes are those that can be facilitated by computers or computer technology, but do not necessarily require it.

Cybercrimes have practically nonexistent jurisdictional boundaries. The expanse of online networks and complexity of routers, internet protocols, network pathways, and global infrastructure make investigating and prosecuting cybercrimes very difficult. To make detection even more challenging, cyberthreats are vast, opportunistic, and cunning in design, making legitimate cybercommunications hard to differentiate from cybercrime.

9.4.1 Mens Rea in Cybercrime

Mens rea in cybercrimes require that the offender have specific knowledge of computer networks, information technology, or technological prowess, and have the intent to use this knowledge to facilitate the commission of a crime. This knowledge of technology is what demonstrates the cyber component of a cybercrime.

9.4.2 Actus Reus in Cybercrime

In cybercrime, the actus reus is the use of computer technology to commit a crime. Specifically taking advantage of online systems, technological infrastructures, and cyber networks is what characterizes the criminal actions.

9.4.3 Types of Cybercrimes

With advances in technology, cybercrime is not only relatively new, but it has also affected the manner in which long-existing crimes may be committed. Extortion is a good example of this advancement. What used to be done on a smaller scale can now ruin a person’s career and personal life because the secret they want to protect can be instantly shared on a massive scale.

Figure 9.4 Photograph of former Congressman Anthony Weiner at the New York City Gay Pride Parade in 2009.

Former U.S. Representative Anthony Weiner is a prime example of someone widely sharing secrets he wanted to keep hidden. In 2011, Weiner used his Twitter account to send sexually explicit photos of himself to women, which were then leaked to the media. This act cost him his seat in Congress. Later, he was caught in another sexting scandal after returning to politics. During his run for mayor of New York City, he sent sexually explicit photos and sexting messages to more women and even a 15-year old girl. With these revelations, he lost both his political career and his marriage. Weiner has since served approximately two years in a federal prison and is now a life-long registered sex offender.

Although it is debatable whether he is actually a victim in this case, this example shows how quickly harmful information can be spread with the use of technology. There are now cyber variations to all sorts of crimes that have been committed for centuries. This is in addition to the new types of crimes that have come into existence with different technologies like the use of viruses to corrupt computer systems or steal personal data. This is an area that is constantly and quickly evolving, causing all manner of unique challenges for law enforcement.

9.4.3.1 Cyber Variations of Traditional Crimes

Social networking has created relational opportunities not previously experienced in society. Where traditional crimes were once committed based on opportunity or with specific motive against a particular person, online environments have created an artificial means of connecting people, sometimes for the sole purpose of perpetrating a crime against another.

Most existing crimes can be planned, solicited, conspired, or attempted online. For a crime to be considered a cybercrime, it must be substantially accomplished through the use of cybertechnology. When a crime has moved beyond being cyber-enabled with the use of technology to a cyber-dependent necessary use of technology, it will more readily be designated a true cybercrime.

Common cyber variations of traditional crimes include:

• Online predators
• Fraudulent sales or theft
• Threats, intimidation, or bullying
• White-collar crimes as online financial schemes

9.4.3.2 Network engineering and manipulation

Cyber versions of fraud are those that illegally obtain personal information and data for illegal use and benefit of the offender. Cybercriminals design elaborate programs called viruses that can infect personal devices (computers or cell phones), creating ways to steal sensitive private data and information. The programs get onto our personal devices by looking like well designed, legitimate, or harmless links, sites, or downloads. Once a victim opens the attachment, clicks the link, or downloads the picture or program, the cybercriminal has almost unrestricted access to an unsuspecting victim and their information.

Common network engineering and manipulation schemes include:

• Spoofing and phishing (schemes aimed at tricking people into providing sensitive information to scammers)
• Ransomware (malicious software, or malware, which looks safe but once downloaded, prevents someone from accessing computer files, systems, or networks in exchange for a financial ransom)

9.4.3.3 Cyberterrorism and cyberattacks

Larger scale cybercrimes that are more sophisticated and destructive in nature include those that are designed to wipe out massive online infrastructure and technology availability. Electromagnetic pulses powerful enough to neutralize entire power grids, disrupting internet and online technology are the talk of modern warfare and terrorism. Also, the collection of private data and information threatens national security and the right to privacy.

Cyberterrorism can include:

• Bringing down major websites, including social media platforms
• Unauthorized access to disable or modify communications the control military or other critical technology
• Bringing down critical infrastructure systems like the power grid or water treatment plants
• Spying on rival nations to gather intelligence

The Center for Strategic and International Studies maintains a list of significant cyber incidents that have been identified since 2006 and include losses of over $1 million. The list is publicly available on their website at https://www.csis.org/programs/strategic-technologies-program/significant-cyber-incidents.