Alternatively, you can report it through the national Action Fraud website. You can also find advice on how to protect yourself, your children or your business against fraud, identity theft, viruses and other problems online at www.
CPS legal guidance on prosecuting cases involving communications sent via social media. Computer Misuse Act Regulation of Investigatory Powers Act Data Protection Act Forgery and Counterfeiting Act Video Recordings Act Registered Designs Act Malicious Communications Act Communications Act Protection From Harassment Act Help us to improve our website; let us know what you think by taking our short survey.
Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for. Top menu Careers Contact. Cybercrimes take place online. There are two overarching areas of cybercrime: cyber-dependent crimes - which can only be committed through the use of online devices and where the devices are both the tool to commit the crime and the target of the crime, and cyber-enabled crimes - traditional crimes which can be increased in scale by using computers.
The dark web is used by criminals to trade illegal items online including drugs and firearms. Cybercrime Hacking is the unauthorised use of or access into computers or networks by using security vulnerabilities or bypassing usual security steps to gain access. It is used to store files that are not used often or files that may be downloaded from a file library by Internet users. Basic input output system. A programme stored on the motherboard that controls interaction between the various components of the computer.
Computers can be unknowingly co-opted to be part of a network used by controller to undertake illegal activity such as being used in a Distributed Denial of Service attack. Such computers are known as botnets. In most computer systems, a byte is a unit of data generally consisting of 8 bits. A byte can represent a single character, such as a letter, a digit, or a punctuation mark. A place to store something more or less temporarily. Web pages browsed to are stored in a browser's cache directory on a hard disk.
When returning to a page recently browsed to, the browser can get it from the cache rather than the original server, saving time and the network the burden of some additional traffic.
Two common types of cache are cache memory and a disk cache. A network of remote servers hosted on the Internet to store, manage, and process data, rather than a local server or a personal computer. Coding is used to write computer programmes or software. Highly-skilled coders are able to write sophisticated programmes using 'scripts' to facilitate unauthorised access to networks or data. This includes anything comprising speech, music, sounds, visual images or data of any description in relation to a telecommunications operator, telecommunications service or telecommunications system.
The 'who', 'when' and 'where' of communication, but not the 'what' i. For example, internet connection records ICR can tell the authorities which websites and applications a user has visited, but not what specific pages on those websites they viewed or what information they exchanged with the app. Any meaning arising from the fact of the communication or any data relating to the transmission of the communication.
Communications Service Provider. A CSP is a company which provides a particular communication service. Many are based overseas rather than in the UK. This means the term encompasses mobile smartphones, personal tablet devices and games consoles as well traditional 'desk-top' computer or laptops.
A computer network is where a number of different computers are connected. These can vary in size from either a small local network - where a number of computers are joined together, such as in a workplace - to the internet which is essentially a connection of billions of computers.
The most powerful chip in the computer. Located inside a computer, it is the "brain" that performs all arithmetic, logic and control functions. Digital material which may be stored on physical devices or in the 'cloud'. Data can include personal or sensitive information which may be exploited by criminals if obtained by them. Structured collection of data that is organised so that it can easily be accessed, managed, and update e.
A subject may delete files in an effort to eliminate evidence but depending on how the files are deleted, in many instances a forensic examiner is able to recover all or part of the original data.
An attack to make a machine or network resource unavailable to its intended users, to temporarily or indefinitely interrupt or suspend services offered by a website.
Similar to DoS attacks but effected by using multiple devices often thousands to bombard a website with requests, causing it to cease effective functioning. Any data which is about an entity, an association between a telecommunications serve or an association between any part of a telecommunication system that consists of or includes, data which identifies or describes the entity and is not events data. Any data which identifies or describes an event by means of a telecommunication system where the event consists of one or more entities engaging in a specific activity at a specific time.
Fraudulent financial transactions related to retail sales carried out online. This may include fraudulent card-not-present CNP transactions, which take place over the internet when both cardholder and card are based remotely. The process of scrambling, or encoding, information in an effort to guarantee that only the intended recipient can read the information. A gigabyte is a measure of memory capacity and is roughly one thousand megabytes or a billion bytes.
The Global Prosecutors E-Crime Network is a global community of cybercrime prosecutors and a forum for sharing expertise and experience. A loosely-defined term which refers to the unauthorised access to a device or computer network. This can either be through the use of illegally-obtained passwords or more sophisticated technical know-how to bypass security systems.
Hacking can be used to gather personal data or information, or disrupt computer networks. When hacking activities are motivated by political rather than criminal causes, for example to raise awareness of a protest movement.
A Joint Investigative Team is set up between two or more countries, under judicial supervision, for the purpose of investigating specific serious cross-border crime and with a limited duration. Malware is malicious software designed to interfere with or destroy computers or data. This includes stealing or destroying personal data. Malware is an umbrella term for viruses, worms, Trojans, spyware and ransomware.
Malware may be distributed by spam unsolicited mail. Often used as a shorter synonym for random access memory RAM. Memory is the electronic holding place for instructions and data that a computer's microprocessor can reach quickly. RAM is located on one or more microchips installed in a computer. Mutual Legal Assistance and Letters of Request. When children are deliberately targeted and groomed by an individual who intends to abuse them either online or by meeting in person.
Software that is usually loaded into the computer memory upon switching the machine on and is a prerequisite for the operation of any other software. Where a user is directed to a fake website, sometimes from phishing emails, to input their personal details into what they think is a legitimate website but is actually fake.
Use of fraudulent emails disguised as legitimate communication which ask or 'fish' for personal or corporate information from users, for example, passwords or bank account details.
Any telecommunication system which is not attached, directly or indirectly to a public communication system. Any telecommunication service which is offered or provided to the public or a section of the public in any one or more parts in the UK.
Software that can collect personal data, documents or information and demand payment in order to avoid its destruction. Items e. Small-sized data storage media which are more commonly found in other digital devices such as cameras, PDA's Personal Digital Assistants and music players. Lines of code which amount to programmes or instructions which tell computers what actions to take. These are computer-based tools which allow people or companies to create, share or exchange information, ideas, pictures and videos.
Facebook and Twitter are both examples of social media. Programmes which run on computers or other devices. Some malicious software may be specifically designed to attack computer networks and systems. Software that secretly gathers sensitive or personal information from infected systems, including monitoring websites visited. This information may then be transmitted to third parties. One example of spyware is key-logging which captures and forwards keystrokes made on a computer, enabling collection of sensitive data such as passwords or bank account details.
Malicious computer programmes that present themselves as useful, routine or interesting in order to persuade a victim to install them. They can then perform functions such as stealing data without the user's knowledge. Bullying that takes place using communications technology, such as social media, but which may also involve text messages, apps, chats, emails and other forms of communication.
Cyber bullying might involve harassment, threatening behaviour, sending false information about someone, impersonation, cyberstalking or grossly offensive messages. Self-replicating programs that spread within, and between, computers. They can cause mild computer dysfunction, but can also have more severe effects in terms of damaging or deleting hardware, software or files. This occurs when a number of individuals use social media or messaging to make directed comments about another individual, usually because they are opposed to that person's opinions.
A self-replicating program that can spread autonomously within, and between, computers. The impact of worms can be more severe than viruses, causing destruction across whole networks. Worms can also be used to drop Trojans onto the network system. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases.
It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for.
Top menu Careers Contact. This guidance explains: The definition of cybercrime Cyber-dependent crimes and the legislation which should be considered when reviewing and charging a cyber-dependent case; Cyber-enabled crimes and the legislation which should be considered when reviewing and charging a cyber-enabled case, and Practical and operational points to consider when prosecuting a cybercrime case.
Definitions Cybercrime is an umbrella term used to describe two closely linked, but distinct ranges of criminal activity. Cyber-enabled crimes - traditional crimes which can be increased in scale or reach by the use of computers, computer networks or other forms of ICT such as cyber-enabled fraud and data theft.
Cyber-Dependent Crimes Cyber-dependent crimes fall broadly into two main categories: Illicit intrusions into computer networks, such as hacking; and the disruption or downgrading of computer functionality and network space, such as malware and Denial of Service DOS or Distributed Denial of Service DDOS attacks.
For example: Highly skilled individuals or groups who can code and disseminate software to attack computer networks and systems, either to commit crime or facilitate others to do so; Individuals or groups with high skill levels but low criminal intent, for example protest hacktivists; Individuals or groups with low skill levels but the ability to use cyber tools developed by others; Organised criminal groups; Cyber-terrorists who intend to cause maximum disruption and impact; Other states and state sponsored groups launching cyber-attacks with the aim of collecting information on or compromising UK government, defence, economic and industrial assets; and Insiders or employees with privileged access to computers and networks.
Hacking Hacking is a form of intrusion targeted at computers, including mobile phones and personal tablet devices. Hacking can be used to: gather personal data or information of use to criminals; deface websites; or launch DoS or DDoS attacks. Disruption of Computer Functionality Malware malicious software spreads between computers and interferes with computer operations. Types of malware include: Viruses are one of the most well-known types of malware.
They can cause mild computer dysfunction, but can also have more severe effects in terms of damaging or deleting hardware, software or file They are self-replicating programs, which spread within and between computers.
They require a host such as a file in a computer to act as a carrier, but they cannot infect a computer without human action to run or open the infected file. Worms are also self-replicating programs, but they can spread autonomously, within and between computers, without requiring a host or any human actio The impact of worms can therefore be more severe than viruses, causing destruction across whole networks.
Trojans are malicious computer programs that present themselves as useful, routine, or interesting in order to persuade a victim to install it. This malware can perform functions, such as stealing data, without the user's knowledge and may trick users by undertaking a routine task while actually undertaking hidden, unauthorised action.
Spyware is software that invades users' privacy by gathering sensitive or personal information from infected systems and monitoring the websites visited. This information may then be transmitted to third partie Spyware can sometimes be hidden within adware free and sometimes unwanted software that requires you to watch advertisements in order to use it.
One example of spyware is key-logging software which captures and forwards keystrokes made on a computer, enabling collection of sensitive data such as passwords or bank account details. It will then send a message demanding payment in exchange for access to the folder. Offences under the CMA: Section 1 — causing a computer to perform a function with intent to secure unauthorised access to computer materia This offence involves 'access without right' and is often the precursor to more serious offending.
There has to be knowledge on the part of the offender that the access is unauthorised; mere recklessness is not sufficient. There also must have been an intention to access a program or data held in a computer.
Note the offence is committed irrespective of whether access is obtained. Section 2 - unauthorised access with intent to commit or facilitate commission of further offence Section 3 - unauthorised acts with intent to impair the operation of a computer.
The offence is committed if the person behaves recklessly as to whether the act will impair, prevent access to or hinder the operations of a computer. Section 3 should be considered in cases involving DDoS. Section 3ZA - unauthorised acts causing, or creating risk of, serious damage, for example, to human welfare, the environment, economy or national security.
This section is aimed at those who seek to attack the critical national infrastructure. Section 3A - making, supplying or obtaining articles for use in offences contrary to sections 1,3 or 3ZA. Section 3A deals with those who make or supply malwar There is jurisdiction to prosecute all CMA offences if there is "at least one significant link with the domestic jurisdiction" England and Wales in the circumstances of the case. These include: Knowingly or recklessly obtaining or disclosing personal data without the consent; Procuring the disclosure of any personal data to another person without consent or after retaining personal data without the consent of that person Selling personal data disclosed or retained without consent.
Cyber-Enabled Crimes These are crimes which do not depend on computers or networks but have been transformed in scale or form by the use of the internet and communications technology. Fraud Cyber-enabled fraud is possibly the most common of all cybercrime offences. Online fraud can be committed in a number of ways.
For example: Electronic financial frauds , for example, online banking frauds and internet enabled card-not-present CNP fraud. Internet-enabled CNP fraud involves transactions conducted remotely, over the internet, where neither cardholder nor card is presen Related to this are e-commerce frauds, which refer more generally to fraudulent financial transactions related to retail sales carried out online.
Both businesses and customers may be victims. Fraudulent sales through online auction or retail sites or through fake websites, which may offer goods or services that are not provi Alternatively buyers may be led to purchase a counterfeit product when led to believe it was an original.
Individuals may be contacted via social networking or dating sites and persuaded to part with personal information or money following a lengthy online relationship. Valuable forms of data may include: personal information names, bank details, and National Insurance numbers ; company accounts; client databases; and intellectual property for example, new company products or innovations. Relevant Offences and Legislation Offences under the Fraud Act are applicable to a wide range of cyber-frauds by focussing on the underlying dishonesty and deception.
Intellectual Property Crime Piracy, Counterfeiting and Forgery Intellectual property is defined as a right by an owner, of a copyright, design, patent or trademark.
The internet may be used to distribute, share or make available pirated music, films, games or other items in the following ways: Use of legitimate file sharing technologies to share copies of music and films e without permission of the intellectual property right holder; Posting protected content on a webpage without permission, for example, uploading a copy of a new cinema release; Streaming live sports matches, or concerts, out to audiences directly over the internet, without permission; and Putting protected content, like a video game, into a cyber- locker, or online storage system, and providing the details on how to access the content on the internet, or a specific group of people.
The internet may be used as a way of counterfeiting goods, and physical copies of pirated media through: offering items, either billed as genuine, or clearly fake, for sale through online shops and auction sites, or on social networking sites; Setting up and running sophisticated websites, for example which purport to be genuine retail outlets; and Using easily available technology to set up websites offering fake goods, either billed as genuine, or clearly fake.
Online Marketplaces for Illegal Items Online marketplaces are used by criminals to not just to trade cyber skills, tools and techniques, but to trade and sell other illegal items, such as stolen credit card details, drugs and firearms. Dark Web The dark web comprises of internet sites and content that are, intentionally hidden and inaccessible through standard web browsers.
Malicious and Offensive Communications Every day millions of communications are sent via the internet and online platforms such as social media and photo sharing sites. Communications sent via social media When considering whether an offence might be committed by a communication via social media, prosecutors should make an initial assessment of the content of the communications and the conduct in question to distinguish between those which: are a credible threat violence to the person or damage to property ; specifically target an individual or individuals and which may constitute harassment or stalking, controlling or coercive behaviour, disclosing private sexual images without consent, an offence under the Sexual Offences Act , blackmail or another offence; are breaches of court orders or a statutory provision; and are grossly offensive, indecent, obscene or false.
Relevant Offences and Legislation Section 1 of the Malicious Communications Act makes it an offence for a person, with the intention of causing distress or anxiety, to send certain items to another person which convey an indecent or grossly offensive message or are themselves of an indecent or grossly offensive nature, or which convey a threat or information which is false and known or believed to be false by the sender.
Virtual Mobbing Virtual mobbing occurs when a number of individuals use social media or messaging to make comments about another individual, usually because they are opposed to that person's opinions.
False accounts Setting up a false social networking accounts or aliases could amount to criminal offences under the Fraud Act if there was a financial gain. Offences that specifically target Individuals including Cyber-Enabled VAWG Developments in technology have also created a new landscape for controlling, sexually-motivated or other forms of interpersonal relationship offending.
Disclosing private sexual images without consent Section 33 of the Criminal Justice and Courts Act created an offence of disclosing private sexual photographs or films without the consent of an individual who appears in them and with intent to cause that individual distress. Because most internet crimes are not reported, accurate statistics and evidence are hard to come by -- even though they're needed to help in a successful prosecution.
But would that evidence stand up in court? Bulletproof evidence of cyber crime is hard to get. For example, suppose you have an accurate log file that shows an intruder breaking into your system. You can copy that log file and give it to the police, but rarely will it withstand the assault a defense attorney is likely to throw at it. Who had the ability to access the log file? Is the time and date stamp accurate? How do we know? Was the log file originally written to write-once, read-only media?
What has been the chain-of-custody of that log file since it was first created until now? What experience does the computer team have with obtaining legal evidence? And so on. Any time you hear about cyber criminals being arrested, realize that behind the scenes, many computer professionals and law enforcement officers with cyber expertise came together to ensure the evidence collected would hold up in court.
Obtaining good evidence takes skill. I remember many years ago when I called to warn a woman that her identity was being used by cyber criminals.
Apparently, she had been called by lots of people about this already, and was obviously thoroughly confused and disgusted by callers infringing on her privacy. Little did she know how much we all wish there was a single, unified, cyber police force we could call.
An security columnist since , Roger Grimes holds more than 40 computer certifications and has authored ten books on computer security.
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