An analytical study on Cyber crime with reference to its jurisdictional issue's

1. Cyber Crime and its
Jurisdictional Issue
Presented by: Dhurba Mainali
Student Id: 13511
Subject: CS10
Lincoln University
https://www.youtube.com/watch?v=IMzFd0rWN0U
To combat cyber crime, your each effort is prime !

4. Contents Structure:
• Background
• Introduction
• History of Cyber crime
• Types of Cyber Law
• Jurisdictional Issue on Cyber Crime
• Case Reference
• Conclusion

5. Background:
• The regime of internet is growing rapidly.
• Became integral parts of our life (user: child-adults-old)
• It has endless benefits for the citizens
• However, its dark side can’t be avoided.
• One of the major disadvantage to be discussed is ‘Cyber crime’.

6. Then, what is cyber crime?
• In Narrow Sense: It is a computer crime. An illegal act that directly
attack computer system security or data processed by computer.
• In Broad Sense: It is a computer related crime in which computers or
computer networks are a tool, a target, or a place of criminal activity.
• It has a unique modus operandi and can be committed being domiciled in
any part of the world.
• Cyber crime is easy to commit, hard to detect and often hard to locate.

7. History of Cyber Crime
The first recorded cyber crime took place in the year 1820 .
In 1820, Joseph-Marie Jacquard, a textile manufacturer in France,
produced the loom. This device allowed the repetition of a series of steps in
the weaving of special fabrics. This resulted in a fear amongst Jacquard's
employees that their traditional employment and livelihood were being
threatened. They committed acts of sabotage to discourage Jacquard from
further use of the new technology. This is the first recorded cyber crime.

8. Types of Cyber Crime
 The rate of cyber crime is increasing day by day along with rising development of science and technology.
 There are several types of cyber crime that happen in today’s world. Some of them are :
1. Hacking: 1. Personal computer is broken + sensitive information is stolen
2.Varity of software is used to get accessed in that target computer of that victim
3. Computer may be hacked or accessed from remote location
2. Identity Theft: 1.Fradulant Acquisition of personal private identifying information + for unlawful financial gain
Example: Stolen Credit Card (criminal + stole credit card + run huge bills and suffer card a large loss)
They might sell that identity to other criminal for the same fashion.

9. 3. Cyber Stalking/Harassment: Use of the internet, e-mail, or other electronic communication devices, to harass other person . {eg:
when fake ads are posted on the Internet, providing personal information (name, address,
photos) of a victim and stating that the victim is seeking partners for sexual fantasies, such as
rape.}
4.Theft: (i.) Crime that happen when someone unlawfully downloads music, movies, games or software and violates copyright.
(ii.) Cover all crimes of illegal downloading
(iii.) Also cover plagiarism and crime against intellectual property
5. Spoofing and Phishing : (i.) action of constructing a mimic (duplicate) site which seems like original one
(ii.) technique used to gain unauthorized access to computers + sending msg to target
computer with an IP address indicating the msg coming from trusted host
(iii.) finally hacked email and password for commencing fraudulent acts.

10. Issue of Jurisdiction on Cyber Crime
o What is jurisdiction?
→ The power of a court to hear and determine a case.
There are two (2) types of jurisdiction in relation to cyber crime.
(i.) Subject Matter Jurisdiction
(ii.) Personal Jurisdiction
*These 2 types of jurisdiction is taken into due consideration when conflict
regarding issue of jurisdiction in relation to cyber crime arises.
* A part form this provision’s of cyber crime convention for state parties also
plays meaning stand to determine jurisdiction.

11. (i.) Subject Matter Jurisdiction
→competence of the court to hear and determine a particular category of cases
→check out whether a claim is actionable in the court where the case is filed
(ii.) Personal Jurisdiction
→ competence of the court to determine whether the person is subject to the court in which
case is filed or is an authority over a person, regardless of their location.
→ Every state has personal jurisdiction over persons within its territory.
→ State cannot exercise personal jurisdiction over any person who are outside the territory
and if had no any kind contact relation to state. (*unless state is party to any
international conventions which permit state to make required operation)

12. Case Reference of Cyber Crime Jurisdiction
• United States v. Ivanov (US District Court of Connecticut 2001)
Fact of the case:
→ Defendant Ivanov and a codefendant, John William Butenko, were convicted of
conspiring to transmit to the Soviet Union information relating to the national
defense of the United States.
→ He was indicted for conspiracy, computer fraud, extortion, and possession of illegal
access devices.
Claim of Defendant :
→ Ivanov appealed to dismiss the case, claiming that the court lacked subject-matter
jurisdiction
→he argue because he was physically located in Russia when the offenses were committed

13. Court Decision:
→ The court denied Ivanov's motion, on the ground because the intended and actual
detrimental effects of Ivanov's actions in Russia occurred within the United States
→ and also because each of the statutes under which Ivanov was charged with a
substantive offense was intended by Congress to apply extraterritorially.
→Therefore, was held guilty to several crimes, including computer intrusion and
computer fraud.
→ He was sentenced to 48 months in prison.

14. Conclusion:
 Cyber crime indeed getting the reorganization it deserve.
 Every new technology and every new application also will reversely create an
opportunity that criminals will soon seek to exploit.
 A part from that so to be safe we must need to develop strong cyber security.
 All the nation need to be a part of international momentum against cyber crime.
 The cyber law also needs to evolve with the rapidly changing technology
environment that breeds new forms of crime and criminals.
 It should be updated timely.

15.  Recommendation:
 Use anti-virus software and fireball and keep them up to date.
 Don’t open email and attachment from unknown sources.
 Back up your computer data or disk often.
 Don’t share access your computer with Strangers.
 Disconnect your internet when not is use.
 Use hard to guess password. Don’t make your password choose simple or that
exist in dictionary. Be aware that password cracking tool exist.
 Finally, treat your password like you treat your toothbrush. Never give it to
anyone else to use, and change it every few months.