1

CHAPTER ONE
INTRODUCTION
1.1 HISTORY OF THE INTERNET
The Internet has revolutionized the computer and communications world like nothing before,
it has become a cultural, economic and life changing technological phenomenon. Enough
cannot be said about this incredible technology. The invention of the telegraph, telephone,
radio, and computer set the stage for this unprecedented integration of capabilities. The
Internet is at once a world-wide broadcasting capability, a mechanism for information
dissemination, and a medium for collaboration and interaction between individuals and their
computers without regard for geographic location.
However, the internet is not one single invention; it is a simple idea that has evolved
throughout the decades into something bigger than us all. The first idea of the internet was
conceived in the United State of America, which was intended to be of military use during
the cold war era in the 1950s
1
. During this war, there were fears among Americans that there
might be an imminent use of Nuclear weapons by the Soviet Union
2
on American soil. While
there were other threats to America at that time, the event which spurred them into action was
the Soviet Unions launch of the Sputnik Satellite, which the Americans feared that they
would use to get ahead of them in terms of technology.
With the launch of the Sputnik satellite in 1957, America feared that the Soviet Union would
not only militarize space, but be able to gain a huge advantage over them and this threatened
their very security. In reaction to the launching of Sputnik, the USA tried to come up with
ideas on how to protect their citizens against the Soviet Union and diminish their strategic
advantages.
3
One of the ways the Americans responded to this treat was the creation of
ARPA (Advanced Research Project Agency). The agency was given the mission to create
technologies that would help give the American military a high tech edge over the Soviet
Union.

1
Leiner. History of the internet 2009. Available at: http://Www.Historyofthings.Com/History-Of-The-Internet
Accessed: (24/5/2013)
2
Now known as Russia after the cession of different smaller Nations.
3
Ibid 1

2
While DARPA
4
was launched in the late 1950s, it was until 1962 that the first ideas about a
web or interconnected net type of system were formed. First written about by J.C.R. Licklider
of MIT in August of 1962, Licklider wrote several memos in which he termed the web as a
Galactic Network
5
. In essence, this Galactic Network was able to access information in
electronic form- either by data or programs from a large network of computers. The key was
that all of the computers in this Galactic Network would be some way connected to each
other. In that year, Licklider headed up the first computer research program for DARPA,
starting in October 1962. While at DARPA he convinced his successors at DARPA, Ivan
Sutherland, Bob Taylor, and MIT researcher Lawrence G. Roberts, of the importance of this
networking concept.
Apart from the Lickliders idea of a Galactic Network, there were other ideas and events that
played a significant role in the creation of the early internet. In the 1960s, Paul Baran, a
member of the RAND corporation produced a study of survivable network for the US
military on how the military would be able to keep and maintain control and command of
airplanes, bombers and nuclear missiles during and after a nuclear attack. Paul Baran
suggested that one way to achieve decentralization and accomplish the goals put forth by the
US military is to institute a type of technology called packet switching in a network.
In July 1961, Leonardo kleinrock developed a mathematical theory called the packet
switching theory. Kleinrock convinced Roberts of the theoretical feasibility of
communications using packets rather than circuits. The idea of packet switching is that a
packet of data which included both its origin and destination which could be sent from one
location to the other was seen as a big improvement over the current circuit system used by
the telephone company, as well as a major step along the path towards achieving computer
networking which was proven by the experiment carried out in 1965, where Roberts working
with Thomas Merrill, connected the TX-2 computer in Massachusetts, to the Q-32 in
California with a low speed dial-up telephone line creating the first (however small) wide-
area computer network ever built.
6
This experiment did not only prove that two computers
could be connected to one another but it also demonstrated that computers can both exchange
programs and data with each other. While it was evident that the packet switching technology

4
The Advanced Research Projects Agency (ARPA) Changed Its Name To Defense Advanced Research Projects
Agency (DARPA) In 1971, Then Back To ARPA In 1993, And Back To DARPA In 1996. I will be referring
throughout to DARPA, The Current Name.
5
J.C.R. Licklider & W. Clark, "On-Line Man Computer Communication", August 1962.
6
Internet society. History of the Internet Available at: Http://Www.Internetsociety.Org/Internet/What-
Internet/History-Internet/Brief-History-Internet Accessed: (24/5/2013)

3
needed to be advanced, the experiment showed clearly that the current set of telephone
circuits were not reliable
In late 1966 Roberts went to DARPA to develop the computer network concept and quickly
put together his plan for the "ARPANET"
7
, publishing it in 1967. The ARPANET was the
first configuration of a network of computers and while in its very early stages, the
ARPANET was a huge springboard of innovation to the technologies we now use today. The
physical construction of the ARPANET occurred in 1968 and it used the Honeywell
minicomputer for its base. The first ARPANET was built with four Honeywell
minicomputers and they were located in four separate universities including: the University
of California at Santa Barbara, the University of California at Los Angeles, SRI at Stanford
and the University of Utah. There were other important innovations and contributions during
this era that helped to improve the ARPANET. Works by Donald Davies and Roger
Scantlebury of National Physical Laboratory, NPL and the work of Paul Baran helped in
improving the speed of the ARPANET which was originally supposed to have a line speed of
only 2.4 kbps (thousand bits per second), but was boosted to a line speed of 50 kbps. It
happened that all these works had all proceeded in a parallel way without any of the
researchers knowing about the other work. With all these the ARPANET led to the
development of protocols for internetworking, in which multiple separate networks could be
joined together into a network of networks, hence during the following years many
experiment took place and 19 more computers were hooked up into the ARPANET network.
In October 1972, Bob Kahn
8
organized a large, very successful demonstration of the
ARPANET at the International Computer Communication Conference (ICCC). This was the
first public demonstration of this new network technology to the public. It was also in 1972
that the initial "hot" application, electronic mail, was introduced
9
. In March Ray Tomlinson at
BBN wrote the basic email message send and read software, motivated by the need of the
ARPANET developers for an easy coordination mechanism
10
. In July, Roberts expanded its
utility by writing the first email utility program to list, selectively read, file, forward, and
respond to messages
11
. Email not only gave the ARPANET a great application, but added a

7
L. Roberts & T. Merrill, "Toward A Cooperative Network of Time-Shared Computers", Fall Afips Conf., Oct.
1966.
8
Bob Kahn Played A Major Role In The Overall ARPANET Architectural Design
9
Op cit, note 6 supra
10
Op cit note 1 supra
11
Ibid

4
social dimension to this burgeoning network. From there on email took off as the largest
network application for over a decade.
While the first ARPANET network consisted of only 19 computers, the one big disadvantage
was that the protocol being used NCP (Network Control Protocol) only worked with specific
types of computers, for instance if your computer was logged onto the ARPANET/Internet
and it can only be able to talk with HP, Apple or Dell computers. This was the problem that
ARPANET was facing in the early 1970s. There were much more than a few dozen
computers that would like to connect to the ARPANET, however NCP was only able to
utilize a few dozen at best. Since this was a major flaw with NCP, a new protocol needed to
be created. A new, more inclusive type of open source protocol needed to be developed. This
new protocol turned out to be TCP/IP. It was originally created in 1973 and it was first used
to communicate between computers in 1974. Vint Cerf and Bob Kahn, who were regarded as
two internet pioneers were considered the first individuals to utilize TCP/IP protocol and in a
few years, NCP was no longer needed, making ARPANET requiring TCP/IP instead. The
TCP/IP is still in use to this very day.
As the 1970s unfolded there were innovations around the world which made the
ARPANENT to spread around the world. The prominent one was the Sputnik satellite, which
originally kicked off the idea of the internet and 20 years later it was the satellite that led to
the development of the first transatlantic link
12
. With the satellite the ARPANET could be
expanded without the help of a fixed line by using satellite radio waves to transmit data
packets. The first satellite link was called SATNET. SATNET effectively connected USA
and Europe, Norway to be exact and then Norway connected the rest of Europe to the
network of computers. While the military started ARPANET, it grew bigger than just a
military project. In fact, the satellites that were used in the SATNET project were owned not
by the US military, but a consortium of several countries.
While the ARPANET and SATNET expanded the reach of the first internet, connecting
computers to the internet was still a hodgepodge of cables and quite unorganized. That was
what led to the creation of the Ethernet cable. Ethernet offered an easy, economical and
practical way to move data quickly from one computer to another computer or device at high
speeds. Ethernet cables not only made connecting a LAN (local area network) simpler, but

12
Ibid

5
increased the speed at which these computers can talk to one another. This cable is still being
used today.
From the 1980 different innovations and inventions came up that transformed the ARPANET
into the internet that we know. First was the creation of smaller, faster and affordable
computers and hardware. No longer were computers out of reach of most users and
organizations. During the 1980s computers became commonplace and were easily affordable
to universities, businesses and ultimately individuals. But besides the influx of technology,
many new organizations were developed to help manage the many new users that were
utilizing the internet in its growing forms. For instance during this 10 year period, the internet
grew to a staggering 200,000 computer hosts by the end of 1989. As the internet took off, the
technology and potential known as the internet was finally being fulfilled.
During the early to mid-1980s plenty of innovation occurred and the prices of technology
and hardware became much more affordable. Moores Law, which states that a computer
chip will double in power and halve in price every 18 months was being realized and as more
and more businesses, organizations and individuals purchased computers and as they became
easier to use, many wanted more than just a stand-alone appliance, they wanted to talk and
connect with others around the world. 1985 turned out to be a huge year for the internet.
While the ARPANET was initially created for military uses, other organizations found it to
be useful including universities, businesses and more. The United State of Americas
Department of defence came to the realization that its military programs that were also on the
network would be a liability and easy to attack. So the ARPANET was split into two, one net
for military purposes now called MILNET and the existing ARPANET which was now
dedicated to other disciplines without any military components on it
13
. It should still be noted
that ARPANET continued to be supported by the DOD (Department of Defence) even though
military organizations didnt utilize the network.
Besides ARPANET splitting in two, another innovation occurred in 1985. CSNET which
during the 80s moulded into the ARPANET contracted MCI Corporation to upgrade the
network. The line speed from its earliest days was 50 Kbps, in 1985 it was only 56 kbps,
however with new innovations in technology, circuits could be implemented and that offered
a much faster data transfer speed- 25 times faster
14
. The new lines that were implemented

13
Ibid
14
Op cit, note 6 supra

6
were called T-1 lines. They delivered data transfer speeds up to 1.5 Mbps (million bits per
second)
15
. To use these faster lines, other technology was necessary. IBM
16
for instance
created advanced routers and a company called Merit, would manage the network. The new
upgraded network would go online in 1986. It was called NSFNET for National Science
Foundation Network.
As the mid 1980s came and went, traffic on the internet exploded. From 1985 to the end of
1989, traffic soared from a few thousand computers (hosts), to about 200,000 hosts. In
addition, organizations and individuals could communicate much faster, while the first T-1
line offered speeds of 1.5 Mbps, by the end of the decade T-3 line was in the works and when
it was finally implemented in 1991, it allowed for data transfer speeds of 45 Mbps.
While the internet started in late 1969, it revealed its true potential by the end of the 1980s.
However, throughout the 1990s, the internet would continue to grow in leaps and bounds
beyond anyones comprehension. In 10 short years, the internet will have transformed from a
tool used by mainly research and tech savvy individuals to a household appliance that was
found in almost anyones home and which turned into an economic boom that fuelled the
economy to grow. While the internet grew, it required the help of many components
including more and more powerful home computers, software, overall technological advances
and applications that made it worthwhile for common people to use.
The next invention that would transform the ARPANET into the internet that we know today
is World Wide Web. The creation of the World Wide Web
17
created a platform that made it
easy to access data on the internet. The vast majority of internet users do not start up their
computers and log onto the ARPANET, we usually open our browsers and start typing www.
WWW stands for the World Wide Web and this web is one of the most important innovations
that the internet has seen in its relatively short life. The World Wide Web is a platform that
makes it easy to access data on the internet. The Web uses hypertext links which are pieces of
code that links one site to another (and in many cases one computer host to another computer
host). Using a browser, you can easily access a link by clicking a mouse, essentially moving
from one computer to another located on a web with a single click. Most of todays computer
users access the internet via a browser. The browser itself helps a user to not only access data,

15
Op cit, note 6 supra
16
Op cit, note 1 supra
17
The World Wide Web Was Actually Created In 1989 By Sir Tim Berners-Lee, Sir Sam Walker And Robert
Caillau. The World Wide Web Was Introduced Publicly On August 6, 1991.

7
but view it. Today, via the web and a browser, we can view text and other types of media and
navigate easily from one page to another utilizing hypertext links. With the World Wide Web
computer systems, do not just connect directly to the ARPANET. Many people confuse the
Internet with the Web, thinking they are the same thing. Most major online services and
internet providers shoot users straight to the web, so the confusion is somewhat justified.
With this brilliant innovation the popularity of the internet grew remarkably, also with the
help of social networking sites and search engines that were created. With these various
innovations and inventions that occurred during the 1990s have transformed the APARNET
to the internet that we know today. Now the internet boast about 2.6 billion people connected
to it.

1.2 EFFECTS OF THE INTERNET
There is no doubt the Internet is a wondrous creation. The entire world is rapidly becoming
obsessed with it. Everywhere you look you're bound to see something related to the Internet.
There is little doubt about how useful the Internet can be. The Council of Europe Committee
on Cybercrimes described the Internet as a revolution and maintains that the way our
society works has been changed fundamentally by reason of this Information Revolution,
citing that information technology has pervaded almost every aspect of human activities
18
.
Students can receive help with their assignments, investors can keep track of stocks, sports
scores and statistics are just a click away for fans. These are but a few of the myriad ways
people use the Internet. Yes, the Internet is indeed spectacular. But, as the saying goes,
"Behind every silver lining ..." There are several problems associated with the Internet. It
allegedly opens the world to everyone, regardless of race, creed, sex, etc. Technology is often
seen as the culprit. However, it is the people that use and apply the technology to their
projects that are at fault and make the mistakes, NOT technology. It must be recognized that
information technologies are not changing what we do. Rather, they are changing the way we
do it.
Advanced technology always has dramatic effects on society. With the ability to work at
home, a lot of people are leaving their offices for the greener grass that allows them to set

18
Paragraph 1, Explanatory Note To The European Convention On Human Rights, 2001, Available At
http://Conventions.Coe.Int/Treaty/En/Reports/Html/185.Htm Accessed: (18/5/2012)

8
their own hours, spend quality time with family and not have to deal with the often hassle-
some commute to and from work.
The modern economy and most modern businesses now have a heavy reliance on the internet.
The internet itself is a huge profit centre. Many people now cannot imagine living without the
internet. It provides easy access to even the most obscure of information, allows people to
share their opinions and other often useful content with anyone who have access to the
internet, and it enables users to have cheap communications with anyone around the world,
even instantly. The introduction of internet into many aspects of everyday life has led to the
development of the modern concept of the information society. This development of the
information society offers great opportunities. Unhindered access to information can support
democracy, as the flow of information is taken out of the control of state authorities (as has
happened, for example, in Eastern Europe and North Africa). Technical developments have
improved daily life for example, online banking and shopping, the use of mobile data
services and voice over Internet protocol (VoIP) telephony are just some examples of how far
the integration of ICTs into our daily lives has advanced. Though with all these benefits the
internet seems to bring to the society and the world at large, it also has its own negative
impacts. Everyone appreciates the use of Internet but there is another side of the coin that is
cybercrime by the use of Internet.
A notable negative impact the internet has brought to the world has been the improvement of
crime or crime being perpetuated in another level through the internet. Attacks against
information infrastructure and Internet services now have the potential to harm society in new
and critical ways.
19
Attacks against information infrastructure and Internet services have
already taken place.
20
Online fraud and hacking attacks are just some examples of computer-
related crimes that are committed on a large scale every day.
21
The financial damage caused
by cybercrime is reported to be enormous.
22
In 2003 alone, malicious software caused

19
Wilshusen, Internet Infrastructure, Challenges In Developing A Public/Private Recovery Plan, Testimony
Before The Subcommittee On Information Policy, 2007, Gao Document Gao-08-212t,
20
Last Year There Was An Attack On Arik Airline Website See: Hackers attack Arik website in protest of poor
customer service http://premiumtimesng.com/news/101768-hackers-attack-arik-air-website-in-protest-of-poor-
customer-service.html Accessed: (1/7/2013) and The NASS Website By The Group Called Naija
Cyberhactivist Available at: http://www.ehackingnews.com/2012/10/nigeria-national-assembly-hacked-by-
lolsec.html
21
The Online-Community Hackerwatch Publishes Reports On Hacking Attacks. Based On Their Sources, More
Than 219 Million Incidents Were Reported In One Month (November 2010). Source: Www.Hackerwatch.Org.
22
Hayden, Cybercrimes Impact on Information Security, Cybercrime and Security, Ia-3, Page 3.

9
damages of up to USD 17 billion in the United States of America.
23
By some estimates,
revenues from cybercrime exceeded USD 100 billion in 2007; outstripping the illegal trade in
drugs for the first time in USA.
24
Nearly 60 per cent of businesses in the United States
believe that cybercrime is more costly to them than physical crime.
25
These estimates clearly
demonstrate the importance of protecting information infrastructures, and business that are
clearly centred on the internet. These crimes that have been perpetuated through the internet
have been classified as Cybercrimes. The menace, cybercrime, has collapsed and literarily
paralyzed consumer confidence in e-commerce. Many people avoid trading online because of
concerns about the integrity of the Internet and fears that personal details such as credit card
data and other confidential information might be compromised.
In view of this, the topics of What is Crime and What is Cybercrime will be dealt with in
this chapter, to further explain this menace.

1.3 WHAT IS CRIME
The word crime is from a Latin word crimen meaning accusation or fault. There is no
universally acceptable definition of crime. However, there are many definitions of crime.
Crime has been defined as an act that the law makes punishable; the breach of a legal duty
treated as the subject matter of a criminal proceeding.
26
Merriam-Webster Dictionary and
Thesaurus
27
defines crime as an act or the commission of an act that is forbidden or the
omission of a duty that is commanded by a public law and that makes the offender liable to
punishment by that law. According to Tappan crime is an intentional act in violation of the
criminal law (Statutory and case law), committed without defence or excuse, and penalized
by the state as a felony or misdemeanour.
28
It has also been defined as
An act or omission which amounts, on the part of the doer or omitter, to a disregard of
the fundamental values of a society thereby threatening and/or affecting the life, limb,
reputation and property of another or other citizen(s), or the safety, security, cohesion
and order (be this political, economy, or social) of the community at any given time to

23
Crs Report For Congress On The Economic Impact Of Cyber-Attacks, April 2004, Page 10
24
Oconnell, Cyber-Crime Hits $ 100 Billion In 2007, Itu News Related To Itu Corporate Strategy, 17.10.2007,
25
Ibm Survey, Published 14.05.2006,
26
See Blacks Law Dictionary 8
th
(Westbgroup 2004) Bryan A.garner, pp. 1120
27
Merriam-Webster Dictionary and Thesaurus Available at: http://www.britannica.com
28
P. W. Tappan. Who is the Criminal? in Wolfgang et. al. The Sociology of Crime and Delinquency. (New
York: John Wiley and Sons, Inc 1964),

10
the extent that it justifies societys effective interference through and by means of its
appropriate legal machinery.
29

The Nigerian Criminal Code does not define what crime is but it gives the definition of an
offence in section 2. It defines an Offence as an act or omission which renders the person
doing the act or making the omission liable to punishment under this code, or under any Act,
or Law
30
. From the legal point of view, a crime has not been committed unless all seven of
the following elements are present. These are Harm, Legality, Actus reus, Mens rea,
Causation, Concurrence and Punishment. For the decision to criminalise an act or an
omission as a crime, the following justifying criteria, which were identified by Jeremy
Bentham
31
and also advanced by Adeyemi, must be met:
i. The act or omission must be ethically condemnable;
ii. The ultimate sanction backing its legal prohibition must likely be effective
iii. The people likely to perform the act or make the omission should be capable of being
deterred by the threat of sanction;
iv. The sanction or punishment must not be profitable to the offender, and
v. Offence must be capable of precise definition.

1.4 WHAT IS CYBERCRIME
The recent rise in cybercrime affects everyone because society has become so dependent on
computer technology in almost every aspect of life. The effects of cybercrime are most
harmful in the banking and financial industries, where computers are used to send and receive
funds and where thousands of business transactions are processed every day. This
dependency on technology has increased opportunities for computer criminals to engage in
illegal behaviour, jeopardizing the safety of individuals and organizations every time a
computer is turned on. With all the criteria listed in the previous section, especially the last
one, before an act or omission can be criminalised; it must be capable of precise definition.
Hence the definition of Cybercrime will be elaborately discussed.

29
A.A. Adeyemi, The Criminal Process as a Selection Instrument for the Administration of Criminal Justice
At Pp. 31-32.
30
Nigerian Criminal Code, CAP C38. Laws of the Federation, 2004.
31
Jeremy Bentham, An Introduction To The Principles Of Morals And Legislation, (New York: Hafner
Publishing Co, 1948) At Pp. 170-175

11
Blacks law dictionary does not have a direct definition of Cybercrime but it defines the word
computer crime as a crime involving the use of a computer, such as sabotaging or stealing
electronically stored data. Most reports, guides or publications on cybercrime begin by
defining the terms
32
, computer crime and cybercrime. This is because most people are
not clear about the differences between cybercrime and computer crime, so it is necessary to
draw a distinction between the two terms. Cybercrime is defined as crime that involves
computers and networks, including crimes that do not rely heavily on computers
33
. It has
also been defined as computer-mediated activities which are either illegal or considered
illicit by certain parties and which can be conducted through global electronic networks
34
.
Cybercrimes cover many categories of crime on the World Wide Web, including computer-
assisted crimes and computer-focused crimes
35
.
Computer crime is different in that no special computer skill is needed to commit a computer-
related crime. Computer related crime in itself is a broader term than cybercrime, in that
cybercrime involves crimes that involve the computer network while computer crime covers
even those offences that dont involve a computer network, but only affect stand-alone
computer system.
36
Criminals can use web-based chat-rooms, Microsoft Network (MSN)
messenger, or e-mail to communicate with potential victims. The criminal only has to gain
the potential victims trust and then the criminal can gain access to valuable personal
information. The computer then becomes the tool that an offender uses to commit a crime of
fraud or a confidence scam.
37
Although a criminal does not need special computer skills to
commit a computer crime, he or she usually needs to have more than a basic level of
computer knowledge to commit crimes successfully.
38

There are several definitions of Cybercrime that have been given due to the way technology
has evolved through the years. The OECD Recommendations of 1986
39
included a working
definition as a basis for the study: Computer related crime is considered as any illegal,

32
Goodman/Brenner, The Emerging Consensus On Criminal Conduct In Cyberspace, International Journal Of
Law And Information Technology, 2002, Vol. 10, No. 2, pp 144.
33
E. Casey, Digital Evidence and Computer Crime. (Academic Press: London, 2000) p.8
34
D. Thomas & B. D. Loader, B IntroductionCybercrime: Law enforcement, security and surveillance in the
information age., (Routledge: London, England, 2000) p. 3
35
S. Furnell, Cybercrime: Vandalizing the information society. (Addison Wesley: London, England 2002):
pp.22
36
Prof. Dr. Marco Gercke Itu ,Understanding Cybercrime: Phenomena, Challenges And Legal Response, 2012
at pp. 11
37
Supra note 33
38
L. D Carter, & J. A. Katz, Computer crime: An emerging challenge for law enforcement. (East Lansing:
Michigan State University 1997).
39
Computer Related Criminality: Analysis of Legal Politics in the OECD Area (1986).

12
unethical or unauthorized behaviour relating to the automatic processing and the transmission
of data. Also during the 10th United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, two definitions were developed:
40
Cybercrime in a narrow sense
(computer crime) covers any illegal behaviour directed by means of electronic operations that
target the security of computer systems and the data processed by them. Cybercrime in a
broader sense (computer-related crimes) covers any illegal behaviour 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. Another
broader definition is provided in Article 1.1 of the Stanford Draft
41
which pointed out that
cybercrime refers to acts in respect to cyber systems. A cyber systems means in this draft as
any computer or network of computers used to relay, transmit, coordinate, or control
communications of data or programs. Like some of the previous definitions given by
different writers that gave cybercrime a narrower definition
42
, this definition also tries to
narrow the scope of cybercrime by defining it as a criminal activity directly related to the use
of computers, specifically illegal trespass into the computer system or database of another,
manipulation or theft of stored or on-line data, or sabotage of equipment and data.
43
With all
these definitions given above, there is no precise legal definition of cybercrime. As a result of
this it is hard to categorize which crime will fall under cybercrime. For the purpose of this
project, instead of depending on the various definitions of cybercrime to know what crimes
will be called a cybercrime as most definition are either broad or narrow, the classifications
of cybercrime will be discussed.


1.5 CLASSIFICATION OF CYBERCRIME
There is no universally accepted definition of cybercrime as most definitions are either broad
or narrow in scope. The term cybercrime is used to cover a wide variety of criminal
conduct. In order to know what kind of crimes can be called a cybercrime, different writers
have tried to classify them. According to some authors Cybercrime can be classified into two

40
10th UN Congress on The Prevention Of Crime And The Treatment Of Offenders, 2000, A/Conf.187/10,
Page 5
41
Stanford Draft International Convention To Enhance Protection From Cyber Crime And Terrorism, August
2000. Available at http://cisac.stanford.edu/publications/11912 Accessed: (28/5/2013)
42
Op cit 34 at pp 11
43
Wow Essay (2009), Top Lycos Networks, Available at: http://www.wowessays.com/dbase/ab2/nyr90.shtml,
Accessed: (28/5/2013)

13
types; Type I and Type II.
44
According to this classification, Type I cybercrime has the
following characteristics:
1. It is generally a singular, or discrete, event from the perspective of the victim.
2. It often is facilitated by the introduction of crime ware programs such as keystroke
loggers, viruses, rootkits or Trojan horses into the users computer system
3. The introductions can, but may not necessarily be, facilitated by vulnerabilities.
Examples of this type of cybercrime include but are not limited to phishing attempts, theft or
manipulation of data or services via hacking or viruses, identity theft, and bank or e-
commerce fraud based upon stolen credentials.
The characteristics of Type II cybercrime are:
1. It is generally facilitated by programs that do not fit under the classification crime-
ware. For example, conversations may take place using IM (Instant Messaging)
clients or files may be transferred using the FTP protocol.
2. There are generally repeated contacts or events from the perspective of the user.
The types of cybercrime in this classification includes, but is not limited to activities such as
cyber-stalking and harassment, child predation, extortion, blackmail, stock market
manipulation, complex corporate espionage, and planning or carrying out terrorist activities
online.
Cybercrime has been classified into the following categories
45
;
1. Computer as a Target
46

2. Computer as an instrumentality
47

3. Computer as an incidental or other crime
48

4. Crime associated with the prevalence of computers.
49

Another approach can be found in the Convention on Cybercrime
50
which defines cybercrime
in the Articles 2-10 on substantive criminal law in four different categories:

44
Sarah Gordon, Richard Ford On the definition and classification of cybercrime. Springer-Verlag France
2006
45
S. K. Aditya Seminar paper: Cyber Crime & Security Available at:
http://www.scribd.com/doc/39321174/Cyber-Crime-Security Accessed: (25/6/2013)
46
Involves crimes like Physical damage, Theft or destruction of information (data), the spread of viruses,
Trojans and worms, Software piracy, hacking etc.
47
They include use of computers as an aid for drug trafficking, money laundering, etc means of coordinating.
48
Crimes were either computers or their contents bare used in furtherance of crime, those offences which are
committed by manipulating contents of computer systems, Include sending e-mails, ransom notes, credit card
frauds, telecommunication frauds or theft.
49
Copyright violation, sharing of copyright material through the internet Torrents, Software piracy; selling
material protected by copyrights, Component theft.
50
The Council of Europe Convention on Cyber-crime of 2001

14
1. Offences against the confidentiality, integrity and availability of computer data and
systems
51

2. Computer-related offences
52

3. Content-related offences
53
and
4. Copyright-related offences.
54

This classification has been said not to be wholly consistent, as it is not based on a sole
criterion to differentiate between categories
55
. Three of the categories focus on the object of
legal protection: offences against the confidentiality, integrity and availability of computer
data and systems; content-related offences; and copyright-related offences. The fourth
category of computer-related offences does not focus on the object of legal protection, but
on the method used to commit the crime.
56

The categories of cybercrime given in this convention
57
will be used as a base for classifying
the types of cybercrime throughout this project.


51
Art. 2 (Illegal access e.g. Hacking, Cracking), Art. 3 (Illegal interception), Art. 4 (Data interference), Art. 5
(System interference), Art. 6 (Misuse of devices).
52
Art. 7 (Computer-related forgery, Identity theft), Art. 8 (Computer-related fraud).
53
Art. 9 (Offences related to child pornography, Erotic or pornographic material, Racism, hate speech,
glorification of violence, Religious Offences, Illegal gambling and online games, Libel and false information).
54
Art. 10 (Offences related to infringements of copyright and related rights).
55
Supra 35 p 12
56
Prof. Dr. Marco Gercke Itu ,Understanding Cybercrime: Phenomena, Challenges And Legal Response, 2012
at p 12
57
Op cit, note 49 supra