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COMPUTER CRIMES (TECHNOLOGY/ ELECTRONIC CRIMES) OR CYCBER CRIMES

What is a Computer?
-an electronic machine, operating under the control of instructions stored in its own memory, that can accept data (input), manipulate the data according to specified rules (proceed) produce results (output) and store results for future use

Telephone Bugging or Wiretapping as a Telecommunication Crime

Methods of Wiretapping
Hard Wiretapping Soft Wiretapping Record Wiretap Transmit Wiretap

Facts:
Not all wiretapping is illegal. A techno-hobbyist can engage in eavesdropping for the sake of vanity and potential intrusion Be vigilant, you may be the next victim! Technology keeps phone bugging intractable and undetectable.

Libel vs. Slander


Libel
-written

Slander
-spoken

Computer Crime
Any crime accomplished through special knowledge of computer technology
As more business automates through computer, there is remarkable increase in computer crimes

HOW?
The transfer of accounts to the perpetrators account.
It takes a computer genius to detect complex embezzlements through computers.

When used to retrieve confidential information from the bank of the employer. Entering false data in the computer to defraud the innocent victim of pay.

Introducing a complex program to alter the data already in existence.


The computer is a tool to facilitate electoral fraud, either to add or subtract votes.

Havens of Computer Crimes


Banking industries Insurance companies Vote-counting machines Lending and loan corporations Credit cards or Debit cards or ATM cards

Computer, a Tool for Committing:


Financial Crimes Financial Fraud Internet Fraud Scam Offensive Content Extortion

Internet Crime
A second form of cyber crime and has now become a routine. Newly emerging problem

Few Important Areas


Distributing Illegal Sexual Material
Denial of Service Attack Illegal Copyright Infringement Internet Securities Fraud

A) Market Manipulation -an individual either post erroneous and deceptive informations online to artificially inflate the price of a stock (so they can sell previously purchased share ) or they post negative rumors, driving down the price of a stock so they can buy it at a lower price.

B)Fraudulent Offering of Securities -Some cyber criminals creates websites specially designed to fraudulently sell securities.

C) Illegal Touting This crime occurs when individuals make securities recommendations and fail to disclose that they are being paid to disseminate their favorable opinions.

Identity theft

Pyramid Schemes Non-delivery of Goods

CYBER: A Highway of Modern Crimes


Cyberspace -a term coined by sci-fi novelist William Gibson in 1999. -refers to the spaces within computers and the spaces between computers (across networks) when people interact info w/ each other

Cybercrime -It is evident around us, and still very much influx. -The cyber revolution has permeated virtually every facet of our lives; and that of the criminals, terrorists and adversarial foreign nations as well.

Cyberterrorism
While the term maybe difficult to define, this can be seen as an effort to convert forces to disrupt the intersection where virtual electronic reality of computer intersects with the physical world

Mark Pollit, an FBI expert defines CYBERTERRORISM as the premeditated, politically motivated attack against info, computer system, computer programs, and data which results in violence against non-combatant targets by sub-national groups or clandestine agents.

Philippine Special Laws Regulating the Use of Electronics and Computers in Business and Commerce

R.A. 8792: The Electronic Commerce Act of 2000 (ECommerce Act)


E-Commerce It includes businessto-business Refers to transactions and any sales merchandise or transactions info and products to conducted consumers. through digital means.

Though the term originally means selling on-line, it has evolved to mean conducting business on-line in a more general sense, including customer service functions, sales, marketing, public relations, advertising and other similar matters.

R.A. 4200: Anti Wire-Tapping Law


Punishable 1. Not being authorized by all the parties to the acts under private comm or spoken the anti word wire-tapping 2. To tap any wire or cable law: or by causing any other
device or arrangement to secretly overhear, intercept, or record such comm, by using any device

3. Whether a participant or not, to knowingly possess a tape recorder, wire record, disc record, or any other such record or copies t hereof.
4. To replay the same to any person (s).

5. To communicate the content thereof either verbally or in writing 6. To furnish transcription thereof, whether complete or partial to any other person 7. Willful, aiding, abetting, or causing the above acts to be done (section 2)

Economic Crimes and Other Related Crimes


Economic Sabotage -crimes toward the economy Scope: Classical Scope: a. Need Motive b. Greed Motive Present Scope: a. Political Motive b. Power and Influences Motive, etc

Economic Crimes -is commonly categorized as a white collar crime


White Collar Crimes Is a criminal act committed by a person of responsibility, respectability and with high social status in the course of his reputation (Sutherland)

Forms of White-Colar Crimes 1. Corporate Crimes 2. Environmental Crimes 3. Occupational Crimes

Occupational Crimes Classification 1. Organizational Occupational Crime -crimes committed for the benefit of the entire org such as for instance, the employer and not the individual employees are involved.

2. State Authority 3. Professional Occupational Crime Occupational Crime -crimes by officials -crimes by through the exercise of professionals in their their state-based capacity as authority professionals. -can only be 4. Individual committed by person in Occupational Crime the public office or by -crimes of working for such person individuals as individuals w/c include income tax evasion, theft of goods and the like

Occupational Crimes also refer to: White-collar crimes Avocational crimes Corporate crimes Economic crimes Organizational crimes Upper-world crimes

How to deal w/ White Collar Crimes?

4 areas of reform w/c will effectively address white collar crimes (J. W. Coleman)
1. 2. 3. 4. Ethical reform Enforcement Reform Structural Reform Political Reform

Business Crimes
The Investigative Tools for Business Crimes
1. Forensic Accountancy

Refers to the application of financial skills and an investigative mentality to unresolved issues, conducted w/in the context of the rules of evidence.

-it encompasses financial expertise, fraud knowledge, and strong knowledge and understanding of business reality and the working of the legal system

Special Philippine Laws Geared Towards the Control of Economic Abuses of Unscrupulous persons w/c makes the Economy in Peril
R.A. 9160 as amended by R.A. 9194 known as an Act Defining the Crime of Money Laundering Law of 2001

R.A. 8293 otherwise known as the Intellectual Property Law of 1906

R.A. 1405
Bank Secrecy Law of 1995, an Act Prohibiting Disclosure or Inquiry into Deposits with any Banking Institution

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