Monday, January 27, 2020

Challenges to Defining Cybercrime

Challenges to Defining Cybercrime What is Cybercrime? At this point of time there is no commonly agreed definition of ‘Cybercrime’. The area of Cybercrime is very broad and the technical nature of the subject has made extremely difficult for authorities to come up with a precise definition of Cybercrime. The British police have defined Cybercrime as ‘use of any computer network for crime’ and council of Europe has defined Cybercrime as ‘any criminal offence against or with help of computer network. The two definitions offered by the British police and council of Europe are both very broad and they offer very little insight into the nature of conduct which falls under the defined term. Most of us do a vague idea what Cybercrime means but it seems that it is very to difficult to pinpoint the exact conduct which can be regarded as Cybercrime. For the purposes of the dissertation, I shall attempt to come up with my own definition of Cybercrime; the available definitions do not adequately explain the concept of Cybercrime. In order to understand and provide better insight into nature of Cybercrime, it will be a good idea to divide Cybercrime into two categories because computers can be used in two ways to commit Cybercrime. The first category will include crimes in which the computer was used as tool to commit the offence. The computer has enabled criminals to use the technology to commit crimes such as fraud and copyright privacy. The computer can be exploited just as another technical device which can be exploited, for e.g. a phone can be used to verbally abuse someone or stalk someone, someway the internet can be used to stalk someone or verbally abuse someone. The second category will include offences which are committed with intention of damaging or modifying computers. In this category the target of the crime is the computer itself, offences such as hacking. Whichever categories the offence committed falls in, ultimately it are us the humans who have to suffer the consequences of Cybercrime. Now we know that there are two ways in which the computer can be used to commit offences, my definition of Cybercrime would be: â€Å"Illegal acts using the computer as instrument to commit an offence, or targeting a computer network to damage or modifying computers for malicious purposes† Even my definition cannot be regarded as precise, as pointed earlier that due to the broad and technical nature of Cybercrime, it almost impossible to come up with a precise definition. The term Cybercrime is a social term to describe criminal activities which take place in world of computers; it is not an established term within the criminal law. The fact that there is no legal definition of Cybercrime within criminal law makes the whole area of Cybercrime very complicated for concerned authorities and the general public, it creates confusion such as what constitutes as Cybercrime and if Cybercrime cannot be defined properly how will the victims report the crime? The lack of proper definition means that majority of the Cybercrime which takes place is unreported as the victims and the authorities are not sure whether the conduct is a Cybercrime. It is estimated that 90% of the Cybercrime which occurs is unreported. Types of Cybercrime Computer can be used to commit various crimes, in order to have a better understanding of Cybercrime; we shall look at individually the types of crimes which are committed in the world of computers. It will not possible to describe every type of Cybercrime which exists due to the word limit, we will only concentrate on crimes which are considered to be major threats to our security. First Category Fraud Fraud can be defined as use of deception for direct or indirect financial or monetary gain. The internet can be used as means targeting the victim by replicating â€Å"real world† frauds such as get rich quick schemes which don’t exist, emails which demand an additional fee to be paid via credit card to stop loss of service such as internet or banking. The increasing availability of the internet means that fraudsters can carry out fraudulent activities on a grand scale. Fraud is a traditional crime which has existed for centuries and internet is merely a tool by which the fraudsters actions are carried out. Fraud has become a serious threat to e-commerce and other online transactions. Statistics suggest that internet only accounts for 3% of credit card fraud, credit card fraud is one of the more difficult frauds to commit on the internet, however other forms of fraud such as phising are more easier to carry out using the internet and equally lucrative. Phising is a form of fraud which is rapidly increasing. Phising is when you get emails from commercial organizations such your bank and other financial institutions, they would ask you to update your details, emails look genuine and it is a scam to trick people on giving their details. There are no official figures available on ‘phishing scams’ but on average I receive about three emails everyday asking me to update my bank account details. Recently there was email going around asking the staff members and students of LSBU to update their personal details, the email looked genuine but the ICT staff informed students/staff to ignore as it was a trick to gain personal information. Since the advancement of technology, it is has become easier and cheaper to communicate and fraudsters are also taking advantage of technology because it is easier to exploit the internet and it is cheaper than other alternatives such as phone and postal mail. There are other forms of fraud such as auction fraud, it is when buy goods in auction and you pay for the item but your item will never turn up. Fraud is one of the lucrative crimes on the internet; experts suggest that it is more than trafficking drugs. The reasons why fraudsters prefer internet is because: Internet has made mass communication easy and it is cheap, same email can be sent to millions of people very easily and cheaply with just one click of button. Majority of users do not have adequate knowledge on how technology works, this makes it easy for fraudsters to fool innocent people into taking an action such as giving their personal details. Internet users are considered naà ¯ve in the sense that they have too much faith in the information they receive via the internet, therefore, they do not take necessary steps to verify the information and often get tricked in handing out their credit card or personal details. Offences against person(s) Offence against a person can either be physical or mental, it is not possible to cause direct physical harm to a person using a computer but it is possible to cause mental harm such as anxiety, distress or psychological harm. It can be done by sending abusive or threatening emails or posting derogatory information online. Stalking is a crime which is done to harass another person repeatedly. As the number of user on the internet increased, the opportunities for abuse have also increased. It is possible to use internet as a tool for sending abusive emails, leaving offensive messages on guestbooks, or posting misinformation on blogs. In some cases, cyberstalkers have morphed images of their victims onto pornographic images and then emailing the pictures to relative and work colleagues to cause embarrassment. There are mainly three reasons for committing a crime such as stalking, Main reason is usually when relationships fail, former intimates usually target their ex-boyfriend/girlfriend to get revenge. Second reason for cyberstalking is boredom; some people usually pick random people and target them by sending them abusive and threatening emails just for fun. Cyberstalkers take advantage of anonymity of the internet to cause distress to their victim’s life. Hate and racist speech is also a form of crime which escalated since the introduction of the internet; it can cause traumatic experience and mental distress to those who are targeted. Post 9/11, there have been many websites set up to mock the religion Islam, such as www.laughingatislam.com, this website has been cause of distress to many Muslims around the world. Sexual offences This category includes offences which have sexual element, such as making undesired sexual approaches in chat-rooms and paedophiles harrasing children. Child pornography and child protection are one of the main concerns on the internet. Paedophiles are taking full advantage to exploit the technology for viewing and exchanging child pornography. Paedophiles use the internet to their advantage, they use chat rooms and other popular social networks such as facebook to entice and lure children into meeting them. Many popular chat rooms such as MSN Chat and Yahoo chat have closed down their chat rooms to protect young children but closure of popular chat rooms have not stopped paedophiles from using less popular chat rooms and other social networks. Second category Hacking related offences Hacking can be defined as gaining unauthorised access to a computer system. As soon as we hear the word ‘hacking’, we tend to think that it is a crime, it should be noted that hacking started of as show of skill to gain temporary access to computer systems. It was rather an intellectual challenge than a criminal motive. But now, many hackers misuse their skills to inflict damage and destruction. Examples of hacking include stealing confident information such credit card details. In a recent incident of hacking, Harriet Harman whose is a politician, taking part in upcoming elections. Her website was hacked and the blog section of her website encouraged the audience to vote for Boris Johnson whose is a competitor of Harman Harriet. Boris Johnson has also complained that his email account was hacked recently. Most politicians believe that internet as a medium will be a major part of election campaigns and activities such as hacking can sabotage election campaigns by posting disinformation on candidate’s websites. Virus and Other Malicious Programs Virus is a malicious code or program that replicates itself and inserts copies or new versions onto other programs, affecting computer systems. Viruses are designed to modify computer systems without the consent of the owner or operator. Viruses are created to inflict senseless damage to computer system. It is a widely accepted perception that crime is committed in times economic distress. Criminals do not gain any monetary benefit; it is simply done to show off their computer skills. Some viruses are failed programs or accidental releases. The most famous virus which was released is the I LOVE YOU virus or commonly known as the ‘love bug’. The virus damaged millions of computers worldwide; it caused damage worth of $8.5bn, the author of the virus claims that it was released to impress his girlfriend. Legislation on Cybercrime It is often believed that the internet is just like the ‘wild west’ where there no rules and regulations and people are free to carry out illegal activities. Fortunately, this is not true at all; there is legislation which exists to protect us from cybercrimes. Type of crime Legislation Fraud Fraud Act 2006(Covers all types of possible frauds) Offences against person(s) The Public Order Act 1986(Hate speech) Sexual Offences The Protection of children Act 1978 The Criminal Justice Act 1988 The Criminal Justice an Public Order Act 1988 Sexual Offences Act 2003 After carefully reviewing all pieces of legislations mentioned above, I can conclude by saying that legislation we have at the moment is adequate enough to protect us from any sort of traditional crime carried out using computers. There were few anomalies which have been removed now. Anomalies The Theft Act 1968 which previously covered fraud has been replaced by Fraud Act 2006 to cover anomaly under the previous legislation. In the case of Clayman, it was held that it is not unlawful to defraud a computer; the courts do not regard computers as deceivable as the process is fully automated. In theory if we apply the principle deriving from the Clayman case then it will not be unlawful to false credit card number when signing up for an online service such as subscription to a newsgroup or online gaming. There is only exception to this rule that it will not apply if deception involves licensed telecommunications services, such as dial-up chat lines pay-per-view TV. Second anomaly before us was that information was not regarded property. In the case of Oxford v Moss, in this case a student took a copy of forthcoming exam from a lecturer’s desk and made a photocopy of that exam paper, it was held that the student cannot be charged under the theft act as he did not deprive the owner of the asset, a copy had simply been taken. Computers only contain information, by applying the principle deriving from this case, it means that it is acceptable to print other people’s files as long they do not deprive the owner of the file by deleting it, one would only be prosecuted if he/she steals trade secret or confidential information. Decisions in both cases mentioned above are absurd, both of them were decided in 1970s, the only possible reason for reaching absurd decision could only be lack of knowledge on technology. Previous legislation took into account the consequences of the fraudster’s activities when deciding whether the conduct in question is an offence. The Fraud Act 2006 aims to prosecute the fraudsters on the basis of their actual conduct rather than the consequences of their activities. How serious is the threat? In order to determine the seriousness of the threat, it is important to look at the statistics available on cybercrime. Type of crime Number of cases reported Fraud 299,000 Offences against the person 1,944000 Sexual offences 850,238 Computer Misuse(Hacking) 144,500 Virus related incidents 6,000000 Total number of cases reported 9,237738 Source of statistics: Garlik According to the figures, they were approximately 9.23 million incidents of cybercrime reported in the year 2006. Statistics show that 15% of the population of the UK was affected by cybercrime in someway, after looking at these figures; one can easily conclude that we are having an epidemic of cybercrime. These statistics could only the tip of the iceberg of the totality of cybercrime; experts believe that real figure could be 10 times higher as cybercrime is massively under-reported. Reasons for under-reporting Reporting any crime involves a three stage process: The conduct needs to be observed. The conduct needs to categorised as criminal. The relevant authorities need to be informed of the criminal conduct. A particular crime will not be reported if there is failure in any of the stages, therefore the relevant authorities will not take action against the criminal. There are certain factors which affect reporting of cybercrime, factors include: Sometimes the criminal conduct is not noticed, internet fraud usually comprises of low-value transactions across a bulk body of victims, and victims are not always able to spot discrepancy in their bank accounts. Lack of awareness means that the victims may not know whether the conduct in question is a crime. Victims of viruses don’t see them as victims of crime, people tend to see viruses as technical issue, and therefore, the victim would believe that no one has broken the law. Most victims don’t know which authorities they should contact to report cybercrime. Police officers have inadequate amount of resources and don’t have the expertise to deal with cybercrime at the moment, therefore, pursuing a formal complaint can be a difficult process. Once I tried reporting a cybercrime, a laptop was purchased on EBay but the seller took my money and never sent the laptop, this is a common case of auction fraud. I did try to make a complain, the whole process was extremely slow, the officer dealing with me had no clue what EBay is, I was able to register a complaint but it has been two years and my complain is still unresolved. Under-reporting is factor which contributes towards increase in cybercrime, under-reporting mean that criminals will have less fear of getting caught and therefore, they are more likely to commit illegal acts online. People’s attitude towards cybercrime Traditional crimes such as murder, rape and robbery can have serious effects on the victim’s life; in some cases the victim may not be able to lead a normal life after being a victim of crime. In contrast to cybercrime, the impact is not that serious, majority of users have insurance against financial frauds, and frauds are usually of low-value. Viruses can easily be filtered using antivirus software. Other offences such as cyberstalking usually cause some anxiety and distress. Only crimes such as child pornography have a greater impact, it is the only the crime which can have a serious consequences on the victims life. A recent survey suggest that only 37% are afraid to use the internet after being a victim of crime, majority of the users do continue to use the internet after being a victim. Cybercrime and e-commerce Cybercrime is a growing concern for all of us, however, the effects of cybercrime are not hindering the growth of the internet, and the effects of cybercrime on the e-commerce have not been drastic. Financial transactions over the internet are on the rise, number of people using internet for shopping is increase day by day and over one third of population is using internet banking. One of the reasons why cybercrime spiraling out of control is the fact that it is very easy to commit if have the technical knowledge, all you need is a computer connected to the internet, the crimes on the internet are hard to detect. It can be committed from anywhere in the world, the criminal could sitting in Africa and targeting his victim in Australia. In the next chapter, we shall examine the problems faced by authorities when investigating cybercrime. Jurisdiction Jurisdictional issues and the cyberspace Cyberspace is a world without defined boundaries; anyone can access any website using his computer. It can very difficult to locate the source of crime in cyberspace because relative anonymity and as easy way to shield identity. Even if the relevant authorities are able to identify the source of crime, it is not always easy to prosecute the criminal. Double criminality When dealing cross border crime, it is imperative that both countries should recognise the conduct as illegal in both jurisdictions. The principle of double criminality prohibits the extradition of a person, if the conduct in question is not recognized as a criminal offence by the country receiving the request for jurisdiction. Imagine a situation where a computer programmer from Zimbabwe sends Barclays bank a virus which causes the computers in Barclays bank to malfunction, the bank cannot carry out their business for 1 hour and as a result they lose about $1 million worth of revenue. English authorities would want to extradite the offender to England so they could prosecute the offender. In an action for extradition, the applicant is required to show that actions of the accused constitute a criminal offence exceeding a minimum level of seriousness in both jurisdictions. Imagine now that they are no laws on spreading viruses in Zimbabwe, therefore it will not possible to show offender’s action constitute as criminal behavior. If they are no laws regarding on cybercrime in Zimbabwe then he cannot be extradited and he will walk free after deliberately causing damage to Barclays bank. Cybercrime has an international dimension, it is imperative that legal protection is harmonised internationally. There are still about 33 countries such as Albania, Yugoslavia and Malta; they have no laws on cybercrimes. If there are no laws then those countries are considered as computer crime havens. The perpetrator of ‘I LOVE YOU’ virus which caused $8.5 billion worth damage was caught in Philippines but he could not be prosecuted as Philippines had no laws on cybercrime. Cybercrime is global issue and the world will need to work together in order to tackle cybercrime. How real world crime dealt across borders? In relation to real world crime which transcended national borders, an idiosyncratic network of Mutual Legal Assistance Treaties(MLATs) bound various countries to assist each other in investigating real world crime, such as drug trafficking. If there was no treaty agreement between two countries then they would contact the relevant authorities to ask for assistance and obtain evidence, this mechanism was sufficient in dealing with real world crime. This mechanism can only work if both countries have similar cybercrime laws; if any country lacks cybercrime laws then the process would fail. How should Jurisdiction be approached in Cybercrime? In a case of cyberstalking, An Australian man was stalking a Canadian Actress. The man harassed the actress by sending unsolicited emails. Australian Supreme Court of Victoria held that crimes ‘committed over the internet knows no borders’ and ‘State and national boundaries do not concern them’, therefore, jurisdiction should not be the issue. He was convicted. This case was straightforward as both nations recognise stalking as a criminal offence, however, there can be conflicts if both nations do not recognize the act as criminal. In Licra v Yahoo, French courts tried to exercise jurisdiction over an American company. Yahoo was accused of Nazi memorabilia contrary to Article R645-1 of the French Criminal Code. Yahoo argued that there are not in breach of Article R645-1 as they were conducting the auction under the jurisdiction of USA and it is not illegal to sell Nazi memorabilia under the American law. In order to prove that Yahoo is subject American jurisdiction, they argued the following points: Yahoo servers are located in US territory. Services of Yahoo are primarily aimed at US citizens. According to the First Amendment to the United States Constitution, freedom of speech and expression is guaranteed and any attempt to enforce judgement which restricts freedom of speech and expression would fail for unconstitutionality. The court ruled that they have full jurisdiction over Yahoo because: The auction was open to worldwide bidders, including France. It is possible to view the auction in France, viewing and displaying Nazi memorabilia causes public nuisance and it is offence to public nuisance under the French law. Yahoo had a customer base in France, the advertisements were in French. Yahoo did have knowledge that French citizens use their site; therefore they should not do anything to offend French citizens. Yahoo ignored the French court ruling and kept saying that they French court does not have the right to exercise jurisdiction over an American company. Yahoo was warned that they would have to pay heavy fines if they don’t comply. In the end Yahoo owners did comply with the judgement they had substantial assets in France which were at risk of being confiscated if they don’t claim. The sole reason why French courts were able to exercise jurisdiction over Yahoo because it is a multinational company with large presence in France. Imagine instead of France, if the action would have been taken by courts of Saudi Arabia on auctioning playboy magazines, under the Saudi Arabian Sharia law, it is illegal to view or buy pornography. Saudi Arabia court would have failed to exercise jurisdiction over Yahoo as they don’t have any presence in Saudi Arabia but it was possible to view Yahoo auctions from Saudi Arabia. The case of Yahoo is a rare example where a court was able to exercise jurisdiction over a foreign company. In majority of the cases concerning individuals, courts trying to exercise jurisdiction over foreign elements are usually ignored. In the case of Nottinghamshire County Council v. Gwatkin (UK), injunctions were issued against many journalists to prevent them from publishing disseminating a leaked report that strongly criticises [the Councils] handling of allegations of satanic abuse of children in the 1980s. Despite the injunctions, a report appeared on an American website. The website refused to respect the English jurisdiction as they argued that the report was a public document. The Nottinghamshire had no option then to drop the case. Cybercrime has an international dimension. International law is complicated area, it can be very difficult to co-operate with authorities if there is no or weak diplomatic ties, for e.g. Pakistan and Israel have no diplomatic ties, if a situation arises where Israeli citizen hacks into State bank of Pakistan steals millions of dollars from the bank, in a situation like this, one easily assume that both countries would not co-operate with each other even though both countries recognise hacking as a offence but they do not have diplomatic ties with each other, most probably the hacker would get away with the crime. A case involving Russian hackers, they hacked into Paypal and stole 53,000 credit card details. Paypal is an American company. The Russian hackers blackmailed Paypal and asked for a substantial amount of money, they threatened they would publish the details of 53,000 credit cards if they do not receive the money. Russia and American both have signed extradition treaty but still Russian authorities failed to take action, it is still not clear why they did not take appropriate action against the Russian hackers. Both nations struggled to gain jurisdiction over each other. FBI decided to take things into their own hands by setting up a secret operation, undercover agents posed as reprenstatives of a bogus security firm Invita. The bogus security firm invited the Russian hackers to US with prospects of employment. When the interview for employment by the bogus firm Invita was being carried out, the Russian hackers were asked to display there hacking skills, one of the hackers accessed his own system in Russia to show off his skills, the FBI recorded every keystroke and later arrested the Russian hackers for multiple offences such as hacking, fraud and extortion. The keystrokes recorded were later used to hack into one of the hacker’s computer in Russia to access incriminating evidence. All this took place without the knowledge of Russian authorities. When Russian authorities came to know about whole incident, they were furious and argued that US misused their authority and infringing on another sovereign nation’s jurisdiction. Lack of co-operation in relation to jurisdiction can lead to serious problems between nations, in order to avoid such conflicts, there is need to address the jurisdiction issue and come up with a mechanism which ensures that countries co-operate with each other. Where is the Jurisdiction? In the real world crime, the conduct and the effect of the conduct are easy to pin down because we can visibly see the human carrying out the conduct and the effect of the conduct is also visible. The location of the offence and the location of the perpetrator can easily be identified. Imagine a situation in which a shooter in Canada shots an American across Niagara Falls, it is clear from the example that the conduct took place in Canada and the effect of the conduct took place in Canada. Cyberspace is not real, people say that events on cyberspace occur everywhere and nowhere, a man disseminating a virus could release a virus which travel through servers of many different country before reaching the victim, for e.g. a person makes a racist website targeting Jews in Malta, uploads the website on American servers and the website is available for everyone to see, a Jewish living in Israel comes across the website and gets offended. In a situation like this where would you bring an action, should you bring an action in Malta because the perpetrator is based over there, would bring an action in America where the server is hosted or would bring the action in Israel where the victim is? There are specific laws regarding jurisdiction issues on the internet, the world is still struggling to come up with a solution which would solve the problem of jurisdiction. Positive or Negative Jurisdiction? The principle of negative jurisdiction occurs when no country is willing to exercise jurisdiction for a cybercrime. Cybercrime can have multiple victims in different countries; the ‘love bug’ caused damage in many different countries including USA, UK, France and Germany. If the damage is caused to multiple countries then who should claim jurisdiction over the cybercrime, should it by prioritised by the amount of damage suffered by each country. If the effected countries decide not to take action against the perpetrator because it is not in their best interest, the country may be occupied by other internal problems. If no country is willing to exercise jurisdiction over a cybercrime then the perpetrator would walk free. Positive jurisdiction is opposite of negative jurisdiction, how will the issue of jurisdiction be decided if more than two countries want to exercise t Challenges to Defining Cybercrime Challenges to Defining Cybercrime What is Cybercrime? At this point of time there is no commonly agreed definition of ‘Cybercrime’. The area of Cybercrime is very broad and the technical nature of the subject has made extremely difficult for authorities to come up with a precise definition of Cybercrime. The British police have defined Cybercrime as ‘use of any computer network for crime’ and council of Europe has defined Cybercrime as ‘any criminal offence against or with help of computer network. The two definitions offered by the British police and council of Europe are both very broad and they offer very little insight into the nature of conduct which falls under the defined term. Most of us do a vague idea what Cybercrime means but it seems that it is very to difficult to pinpoint the exact conduct which can be regarded as Cybercrime. For the purposes of the dissertation, I shall attempt to come up with my own definition of Cybercrime; the available definitions do not adequately explain the concept of Cybercrime. In order to understand and provide better insight into nature of Cybercrime, it will be a good idea to divide Cybercrime into two categories because computers can be used in two ways to commit Cybercrime. The first category will include crimes in which the computer was used as tool to commit the offence. The computer has enabled criminals to use the technology to commit crimes such as fraud and copyright privacy. The computer can be exploited just as another technical device which can be exploited, for e.g. a phone can be used to verbally abuse someone or stalk someone, someway the internet can be used to stalk someone or verbally abuse someone. The second category will include offences which are committed with intention of damaging or modifying computers. In this category the target of the crime is the computer itself, offences such as hacking. Whichever categories the offence committed falls in, ultimately it are us the humans who have to suffer the consequences of Cybercrime. Now we know that there are two ways in which the computer can be used to commit offences, my definition of Cybercrime would be: â€Å"Illegal acts using the computer as instrument to commit an offence, or targeting a computer network to damage or modifying computers for malicious purposes† Even my definition cannot be regarded as precise, as pointed earlier that due to the broad and technical nature of Cybercrime, it almost impossible to come up with a precise definition. The term Cybercrime is a social term to describe criminal activities which take place in world of computers; it is not an established term within the criminal law. The fact that there is no legal definition of Cybercrime within criminal law makes the whole area of Cybercrime very complicated for concerned authorities and the general public, it creates confusion such as what constitutes as Cybercrime and if Cybercrime cannot be defined properly how will the victims report the crime? The lack of proper definition means that majority of the Cybercrime which takes place is unreported as the victims and the authorities are not sure whether the conduct is a Cybercrime. It is estimated that 90% of the Cybercrime which occurs is unreported. Types of Cybercrime Computer can be used to commit various crimes, in order to have a better understanding of Cybercrime; we shall look at individually the types of crimes which are committed in the world of computers. It will not possible to describe every type of Cybercrime which exists due to the word limit, we will only concentrate on crimes which are considered to be major threats to our security. First Category Fraud Fraud can be defined as use of deception for direct or indirect financial or monetary gain. The internet can be used as means targeting the victim by replicating â€Å"real world† frauds such as get rich quick schemes which don’t exist, emails which demand an additional fee to be paid via credit card to stop loss of service such as internet or banking. The increasing availability of the internet means that fraudsters can carry out fraudulent activities on a grand scale. Fraud is a traditional crime which has existed for centuries and internet is merely a tool by which the fraudsters actions are carried out. Fraud has become a serious threat to e-commerce and other online transactions. Statistics suggest that internet only accounts for 3% of credit card fraud, credit card fraud is one of the more difficult frauds to commit on the internet, however other forms of fraud such as phising are more easier to carry out using the internet and equally lucrative. Phising is a form of fraud which is rapidly increasing. Phising is when you get emails from commercial organizations such your bank and other financial institutions, they would ask you to update your details, emails look genuine and it is a scam to trick people on giving their details. There are no official figures available on ‘phishing scams’ but on average I receive about three emails everyday asking me to update my bank account details. Recently there was email going around asking the staff members and students of LSBU to update their personal details, the email looked genuine but the ICT staff informed students/staff to ignore as it was a trick to gain personal information. Since the advancement of technology, it is has become easier and cheaper to communicate and fraudsters are also taking advantage of technology because it is easier to exploit the internet and it is cheaper than other alternatives such as phone and postal mail. There are other forms of fraud such as auction fraud, it is when buy goods in auction and you pay for the item but your item will never turn up. Fraud is one of the lucrative crimes on the internet; experts suggest that it is more than trafficking drugs. The reasons why fraudsters prefer internet is because: Internet has made mass communication easy and it is cheap, same email can be sent to millions of people very easily and cheaply with just one click of button. Majority of users do not have adequate knowledge on how technology works, this makes it easy for fraudsters to fool innocent people into taking an action such as giving their personal details. Internet users are considered naà ¯ve in the sense that they have too much faith in the information they receive via the internet, therefore, they do not take necessary steps to verify the information and often get tricked in handing out their credit card or personal details. Offences against person(s) Offence against a person can either be physical or mental, it is not possible to cause direct physical harm to a person using a computer but it is possible to cause mental harm such as anxiety, distress or psychological harm. It can be done by sending abusive or threatening emails or posting derogatory information online. Stalking is a crime which is done to harass another person repeatedly. As the number of user on the internet increased, the opportunities for abuse have also increased. It is possible to use internet as a tool for sending abusive emails, leaving offensive messages on guestbooks, or posting misinformation on blogs. In some cases, cyberstalkers have morphed images of their victims onto pornographic images and then emailing the pictures to relative and work colleagues to cause embarrassment. There are mainly three reasons for committing a crime such as stalking, Main reason is usually when relationships fail, former intimates usually target their ex-boyfriend/girlfriend to get revenge. Second reason for cyberstalking is boredom; some people usually pick random people and target them by sending them abusive and threatening emails just for fun. Cyberstalkers take advantage of anonymity of the internet to cause distress to their victim’s life. Hate and racist speech is also a form of crime which escalated since the introduction of the internet; it can cause traumatic experience and mental distress to those who are targeted. Post 9/11, there have been many websites set up to mock the religion Islam, such as www.laughingatislam.com, this website has been cause of distress to many Muslims around the world. Sexual offences This category includes offences which have sexual element, such as making undesired sexual approaches in chat-rooms and paedophiles harrasing children. Child pornography and child protection are one of the main concerns on the internet. Paedophiles are taking full advantage to exploit the technology for viewing and exchanging child pornography. Paedophiles use the internet to their advantage, they use chat rooms and other popular social networks such as facebook to entice and lure children into meeting them. Many popular chat rooms such as MSN Chat and Yahoo chat have closed down their chat rooms to protect young children but closure of popular chat rooms have not stopped paedophiles from using less popular chat rooms and other social networks. Second category Hacking related offences Hacking can be defined as gaining unauthorised access to a computer system. As soon as we hear the word ‘hacking’, we tend to think that it is a crime, it should be noted that hacking started of as show of skill to gain temporary access to computer systems. It was rather an intellectual challenge than a criminal motive. But now, many hackers misuse their skills to inflict damage and destruction. Examples of hacking include stealing confident information such credit card details. In a recent incident of hacking, Harriet Harman whose is a politician, taking part in upcoming elections. Her website was hacked and the blog section of her website encouraged the audience to vote for Boris Johnson whose is a competitor of Harman Harriet. Boris Johnson has also complained that his email account was hacked recently. Most politicians believe that internet as a medium will be a major part of election campaigns and activities such as hacking can sabotage election campaigns by posting disinformation on candidate’s websites. Virus and Other Malicious Programs Virus is a malicious code or program that replicates itself and inserts copies or new versions onto other programs, affecting computer systems. Viruses are designed to modify computer systems without the consent of the owner or operator. Viruses are created to inflict senseless damage to computer system. It is a widely accepted perception that crime is committed in times economic distress. Criminals do not gain any monetary benefit; it is simply done to show off their computer skills. Some viruses are failed programs or accidental releases. The most famous virus which was released is the I LOVE YOU virus or commonly known as the ‘love bug’. The virus damaged millions of computers worldwide; it caused damage worth of $8.5bn, the author of the virus claims that it was released to impress his girlfriend. Legislation on Cybercrime It is often believed that the internet is just like the ‘wild west’ where there no rules and regulations and people are free to carry out illegal activities. Fortunately, this is not true at all; there is legislation which exists to protect us from cybercrimes. Type of crime Legislation Fraud Fraud Act 2006(Covers all types of possible frauds) Offences against person(s) The Public Order Act 1986(Hate speech) Sexual Offences The Protection of children Act 1978 The Criminal Justice Act 1988 The Criminal Justice an Public Order Act 1988 Sexual Offences Act 2003 After carefully reviewing all pieces of legislations mentioned above, I can conclude by saying that legislation we have at the moment is adequate enough to protect us from any sort of traditional crime carried out using computers. There were few anomalies which have been removed now. Anomalies The Theft Act 1968 which previously covered fraud has been replaced by Fraud Act 2006 to cover anomaly under the previous legislation. In the case of Clayman, it was held that it is not unlawful to defraud a computer; the courts do not regard computers as deceivable as the process is fully automated. In theory if we apply the principle deriving from the Clayman case then it will not be unlawful to false credit card number when signing up for an online service such as subscription to a newsgroup or online gaming. There is only exception to this rule that it will not apply if deception involves licensed telecommunications services, such as dial-up chat lines pay-per-view TV. Second anomaly before us was that information was not regarded property. In the case of Oxford v Moss, in this case a student took a copy of forthcoming exam from a lecturer’s desk and made a photocopy of that exam paper, it was held that the student cannot be charged under the theft act as he did not deprive the owner of the asset, a copy had simply been taken. Computers only contain information, by applying the principle deriving from this case, it means that it is acceptable to print other people’s files as long they do not deprive the owner of the file by deleting it, one would only be prosecuted if he/she steals trade secret or confidential information. Decisions in both cases mentioned above are absurd, both of them were decided in 1970s, the only possible reason for reaching absurd decision could only be lack of knowledge on technology. Previous legislation took into account the consequences of the fraudster’s activities when deciding whether the conduct in question is an offence. The Fraud Act 2006 aims to prosecute the fraudsters on the basis of their actual conduct rather than the consequences of their activities. How serious is the threat? In order to determine the seriousness of the threat, it is important to look at the statistics available on cybercrime. Type of crime Number of cases reported Fraud 299,000 Offences against the person 1,944000 Sexual offences 850,238 Computer Misuse(Hacking) 144,500 Virus related incidents 6,000000 Total number of cases reported 9,237738 Source of statistics: Garlik According to the figures, they were approximately 9.23 million incidents of cybercrime reported in the year 2006. Statistics show that 15% of the population of the UK was affected by cybercrime in someway, after looking at these figures; one can easily conclude that we are having an epidemic of cybercrime. These statistics could only the tip of the iceberg of the totality of cybercrime; experts believe that real figure could be 10 times higher as cybercrime is massively under-reported. Reasons for under-reporting Reporting any crime involves a three stage process: The conduct needs to be observed. The conduct needs to categorised as criminal. The relevant authorities need to be informed of the criminal conduct. A particular crime will not be reported if there is failure in any of the stages, therefore the relevant authorities will not take action against the criminal. There are certain factors which affect reporting of cybercrime, factors include: Sometimes the criminal conduct is not noticed, internet fraud usually comprises of low-value transactions across a bulk body of victims, and victims are not always able to spot discrepancy in their bank accounts. Lack of awareness means that the victims may not know whether the conduct in question is a crime. Victims of viruses don’t see them as victims of crime, people tend to see viruses as technical issue, and therefore, the victim would believe that no one has broken the law. Most victims don’t know which authorities they should contact to report cybercrime. Police officers have inadequate amount of resources and don’t have the expertise to deal with cybercrime at the moment, therefore, pursuing a formal complaint can be a difficult process. Once I tried reporting a cybercrime, a laptop was purchased on EBay but the seller took my money and never sent the laptop, this is a common case of auction fraud. I did try to make a complain, the whole process was extremely slow, the officer dealing with me had no clue what EBay is, I was able to register a complaint but it has been two years and my complain is still unresolved. Under-reporting is factor which contributes towards increase in cybercrime, under-reporting mean that criminals will have less fear of getting caught and therefore, they are more likely to commit illegal acts online. People’s attitude towards cybercrime Traditional crimes such as murder, rape and robbery can have serious effects on the victim’s life; in some cases the victim may not be able to lead a normal life after being a victim of crime. In contrast to cybercrime, the impact is not that serious, majority of users have insurance against financial frauds, and frauds are usually of low-value. Viruses can easily be filtered using antivirus software. Other offences such as cyberstalking usually cause some anxiety and distress. Only crimes such as child pornography have a greater impact, it is the only the crime which can have a serious consequences on the victims life. A recent survey suggest that only 37% are afraid to use the internet after being a victim of crime, majority of the users do continue to use the internet after being a victim. Cybercrime and e-commerce Cybercrime is a growing concern for all of us, however, the effects of cybercrime are not hindering the growth of the internet, and the effects of cybercrime on the e-commerce have not been drastic. Financial transactions over the internet are on the rise, number of people using internet for shopping is increase day by day and over one third of population is using internet banking. One of the reasons why cybercrime spiraling out of control is the fact that it is very easy to commit if have the technical knowledge, all you need is a computer connected to the internet, the crimes on the internet are hard to detect. It can be committed from anywhere in the world, the criminal could sitting in Africa and targeting his victim in Australia. In the next chapter, we shall examine the problems faced by authorities when investigating cybercrime. Jurisdiction Jurisdictional issues and the cyberspace Cyberspace is a world without defined boundaries; anyone can access any website using his computer. It can very difficult to locate the source of crime in cyberspace because relative anonymity and as easy way to shield identity. Even if the relevant authorities are able to identify the source of crime, it is not always easy to prosecute the criminal. Double criminality When dealing cross border crime, it is imperative that both countries should recognise the conduct as illegal in both jurisdictions. The principle of double criminality prohibits the extradition of a person, if the conduct in question is not recognized as a criminal offence by the country receiving the request for jurisdiction. Imagine a situation where a computer programmer from Zimbabwe sends Barclays bank a virus which causes the computers in Barclays bank to malfunction, the bank cannot carry out their business for 1 hour and as a result they lose about $1 million worth of revenue. English authorities would want to extradite the offender to England so they could prosecute the offender. In an action for extradition, the applicant is required to show that actions of the accused constitute a criminal offence exceeding a minimum level of seriousness in both jurisdictions. Imagine now that they are no laws on spreading viruses in Zimbabwe, therefore it will not possible to show offender’s action constitute as criminal behavior. If they are no laws regarding on cybercrime in Zimbabwe then he cannot be extradited and he will walk free after deliberately causing damage to Barclays bank. Cybercrime has an international dimension, it is imperative that legal protection is harmonised internationally. There are still about 33 countries such as Albania, Yugoslavia and Malta; they have no laws on cybercrimes. If there are no laws then those countries are considered as computer crime havens. The perpetrator of ‘I LOVE YOU’ virus which caused $8.5 billion worth damage was caught in Philippines but he could not be prosecuted as Philippines had no laws on cybercrime. Cybercrime is global issue and the world will need to work together in order to tackle cybercrime. How real world crime dealt across borders? In relation to real world crime which transcended national borders, an idiosyncratic network of Mutual Legal Assistance Treaties(MLATs) bound various countries to assist each other in investigating real world crime, such as drug trafficking. If there was no treaty agreement between two countries then they would contact the relevant authorities to ask for assistance and obtain evidence, this mechanism was sufficient in dealing with real world crime. This mechanism can only work if both countries have similar cybercrime laws; if any country lacks cybercrime laws then the process would fail. How should Jurisdiction be approached in Cybercrime? In a case of cyberstalking, An Australian man was stalking a Canadian Actress. The man harassed the actress by sending unsolicited emails. Australian Supreme Court of Victoria held that crimes ‘committed over the internet knows no borders’ and ‘State and national boundaries do not concern them’, therefore, jurisdiction should not be the issue. He was convicted. This case was straightforward as both nations recognise stalking as a criminal offence, however, there can be conflicts if both nations do not recognize the act as criminal. In Licra v Yahoo, French courts tried to exercise jurisdiction over an American company. Yahoo was accused of Nazi memorabilia contrary to Article R645-1 of the French Criminal Code. Yahoo argued that there are not in breach of Article R645-1 as they were conducting the auction under the jurisdiction of USA and it is not illegal to sell Nazi memorabilia under the American law. In order to prove that Yahoo is subject American jurisdiction, they argued the following points: Yahoo servers are located in US territory. Services of Yahoo are primarily aimed at US citizens. According to the First Amendment to the United States Constitution, freedom of speech and expression is guaranteed and any attempt to enforce judgement which restricts freedom of speech and expression would fail for unconstitutionality. The court ruled that they have full jurisdiction over Yahoo because: The auction was open to worldwide bidders, including France. It is possible to view the auction in France, viewing and displaying Nazi memorabilia causes public nuisance and it is offence to public nuisance under the French law. Yahoo had a customer base in France, the advertisements were in French. Yahoo did have knowledge that French citizens use their site; therefore they should not do anything to offend French citizens. Yahoo ignored the French court ruling and kept saying that they French court does not have the right to exercise jurisdiction over an American company. Yahoo was warned that they would have to pay heavy fines if they don’t comply. In the end Yahoo owners did comply with the judgement they had substantial assets in France which were at risk of being confiscated if they don’t claim. The sole reason why French courts were able to exercise jurisdiction over Yahoo because it is a multinational company with large presence in France. Imagine instead of France, if the action would have been taken by courts of Saudi Arabia on auctioning playboy magazines, under the Saudi Arabian Sharia law, it is illegal to view or buy pornography. Saudi Arabia court would have failed to exercise jurisdiction over Yahoo as they don’t have any presence in Saudi Arabia but it was possible to view Yahoo auctions from Saudi Arabia. The case of Yahoo is a rare example where a court was able to exercise jurisdiction over a foreign company. In majority of the cases concerning individuals, courts trying to exercise jurisdiction over foreign elements are usually ignored. In the case of Nottinghamshire County Council v. Gwatkin (UK), injunctions were issued against many journalists to prevent them from publishing disseminating a leaked report that strongly criticises [the Councils] handling of allegations of satanic abuse of children in the 1980s. Despite the injunctions, a report appeared on an American website. The website refused to respect the English jurisdiction as they argued that the report was a public document. The Nottinghamshire had no option then to drop the case. Cybercrime has an international dimension. International law is complicated area, it can be very difficult to co-operate with authorities if there is no or weak diplomatic ties, for e.g. Pakistan and Israel have no diplomatic ties, if a situation arises where Israeli citizen hacks into State bank of Pakistan steals millions of dollars from the bank, in a situation like this, one easily assume that both countries would not co-operate with each other even though both countries recognise hacking as a offence but they do not have diplomatic ties with each other, most probably the hacker would get away with the crime. A case involving Russian hackers, they hacked into Paypal and stole 53,000 credit card details. Paypal is an American company. The Russian hackers blackmailed Paypal and asked for a substantial amount of money, they threatened they would publish the details of 53,000 credit cards if they do not receive the money. Russia and American both have signed extradition treaty but still Russian authorities failed to take action, it is still not clear why they did not take appropriate action against the Russian hackers. Both nations struggled to gain jurisdiction over each other. FBI decided to take things into their own hands by setting up a secret operation, undercover agents posed as reprenstatives of a bogus security firm Invita. The bogus security firm invited the Russian hackers to US with prospects of employment. When the interview for employment by the bogus firm Invita was being carried out, the Russian hackers were asked to display there hacking skills, one of the hackers accessed his own system in Russia to show off his skills, the FBI recorded every keystroke and later arrested the Russian hackers for multiple offences such as hacking, fraud and extortion. The keystrokes recorded were later used to hack into one of the hacker’s computer in Russia to access incriminating evidence. All this took place without the knowledge of Russian authorities. When Russian authorities came to know about whole incident, they were furious and argued that US misused their authority and infringing on another sovereign nation’s jurisdiction. Lack of co-operation in relation to jurisdiction can lead to serious problems between nations, in order to avoid such conflicts, there is need to address the jurisdiction issue and come up with a mechanism which ensures that countries co-operate with each other. Where is the Jurisdiction? In the real world crime, the conduct and the effect of the conduct are easy to pin down because we can visibly see the human carrying out the conduct and the effect of the conduct is also visible. The location of the offence and the location of the perpetrator can easily be identified. Imagine a situation in which a shooter in Canada shots an American across Niagara Falls, it is clear from the example that the conduct took place in Canada and the effect of the conduct took place in Canada. Cyberspace is not real, people say that events on cyberspace occur everywhere and nowhere, a man disseminating a virus could release a virus which travel through servers of many different country before reaching the victim, for e.g. a person makes a racist website targeting Jews in Malta, uploads the website on American servers and the website is available for everyone to see, a Jewish living in Israel comes across the website and gets offended. In a situation like this where would you bring an action, should you bring an action in Malta because the perpetrator is based over there, would bring an action in America where the server is hosted or would bring the action in Israel where the victim is? There are specific laws regarding jurisdiction issues on the internet, the world is still struggling to come up with a solution which would solve the problem of jurisdiction. Positive or Negative Jurisdiction? The principle of negative jurisdiction occurs when no country is willing to exercise jurisdiction for a cybercrime. Cybercrime can have multiple victims in different countries; the ‘love bug’ caused damage in many different countries including USA, UK, France and Germany. If the damage is caused to multiple countries then who should claim jurisdiction over the cybercrime, should it by prioritised by the amount of damage suffered by each country. If the effected countries decide not to take action against the perpetrator because it is not in their best interest, the country may be occupied by other internal problems. If no country is willing to exercise jurisdiction over a cybercrime then the perpetrator would walk free. Positive jurisdiction is opposite of negative jurisdiction, how will the issue of jurisdiction be decided if more than two countries want to exercise t

Sunday, January 19, 2020

Racial Wealth Inequality

Caitlin Maltbie 009606309 Take Home Essay Question 2: Racial Wealth Gap Between Blacks and Whites After racial discrimination was made illegal in the 1960s, blatant and bigot racism has seemed to disappear, yet remaining racist attitudes have continued to put blacks at an overall disadvantage due to the progression of these attitudes into institutionalized settings and policies.The result of historical and contemporary discrimination and segregation is a widening gap of racial wealth between blacks and whites. Now, America could be argued to be a dichotomized society of black and white, proving that the Kerner Commission was correct to predict that â€Å"our nation is moving toward two societies, one black, one white, separate and unequal (Bobo & Smith 1998: 178). † Although whites didn’t necessarily intend on such a separate and unequal society, they don’t plan to change it either.The reasons behind this perpetuating, widening gap that I will discuss follow a hi story of disadvantage versus advantage dating back to the time of slavery, as well as segregation and discrimination in practices such as hiring processes, loans, residential structuring, wages, and government aid which have resulted in increases of unemployment among inner-city blacks as well as concentrated poverty. Blacks are at a disadvantage to whites because they lack human capital tracing back to equal education and job opportunity that would regularly aid to accumulate wealth as it does for whites.Starting back as far as the 16th century, slavery crippled chances for blacks to gain social and economic mobility. Now, we continue to see these crippling effects among generations of blacks. Not only do whites typically earn more annually, they have an easier time finding employment. The racialization of the state could be considered the starting point of the racial wealth gap between whites and gaps, and can be seen in policies and programs in the U. S.. Beginning during the tim es of slavery, if blacks were able to accumulate any amount of money they would spend it on the freedom of themselves and their family, whereas whites were ble to purchase assets with their money and eventually able to generate monetary inheritances for their upcoming generations. To add to the disadvantages, in the 19th century homestead laws didn’t allow African Americans to take advantage of federal land-grant programs. The core of the New Deal legislation, the Social Security Act of 1935 ultimately cut blacks out of receiving any benefits due to the fact that it exempted agricultural and domestic workers. The New Deal also exempted blacks because they fell beneath the threshold for coverage due to lower wages.After World War II, the Fair Housing Act funneled loans away from cities into the suburbs, furthering the chances of blacks to own homes. Contemporary policies such as the AFDC practically forces wanting recipients to rid themselves of any assets to pass a test in or der to receive benefits. The Internal Revenue Code and the Internal Revenue System gives tax breaks on assets such as homes, so due to the fact that blacks have less assets than whites, they again are at a disadvantage.The result has been that blacks have continuously put more into the system and have received less in return. Homeownership in America is the primary means for generating wealth, and it also serves as a pathway to community and schooling, and parental assistance in buying a first home is key to setting opportunities for their adult children and their families (Shapiro 2003: 87). However, although monetary support among whites is most likely to go from parents to adult children, elderly blacks are more likely to need help themselves from their adult children (Shapiro 2003: 87).This leaves new generations of blacks living up to a duty to provide for their elders rather than accumulating wealth for themselves and their children. Due to racialization of the state in homeow nership practices, it has been very difficult for blacks to come upon owning a home. Because government policy follows racialized attitudes, the FHA was able to follow â€Å"restrictive covenants† in which they prohibited blacks to move into white neighborhoods, claiming to â€Å"protect† these white communities.Also, the government began to help families buy homes by supporting loans, however these loans would only apply for nicer neighborhoods, where redlining, a process in which bank employees literally â€Å"redlined† bad parts of town, was absent. The result of this was that blacks couldn’t buy homes because the homes they could actually afford were in the redlined areas. The redlined areas often became their homes, where public housing was built after many blacks were condemned to live in their houses after the Urban Renewal Program intended to decrease inner-city slums by pushing them out.Also, construction of new freeways and highways through citi es during the 1950s forced blacks out of their homes (Wilson 1996: 194). Whites now were concentrated in the suburbs, and blacks were left trapped in public housing areas where these structures acted to form concentrations of urban ghettos, where unemployment rates were two-and-one half times as high as whites and annual wages 11 percent lower due to deindustrialization and the migration of jobs to the suburbs (Bobo & Smith 1998: 180).On top of this, the Reagan and Bush administration decreased spending to subsidize cities, proving the shift in the federal government’s support for basic urban programs which had exaggerated the rates of unemployment and social organization in the inner-city neighborhoods (Wilson 1996: 194). Even after racial discrimination became illegal in the 1960s, suburbs diversified among race rather than class, as zoning laws and discriminatory land-use kept blacks out of suburbs because they didn’t allow the construction of apartment buildings or low-income housing (Wilson 1996: 193).Economic detour can be traced back to the fact that blacks have never been in control of the means of production. For blacks wanting to start their own businesses, which would in turn make them able to generate more assets, it has been hard. Even while other people of color have been able to successfully own and run their own businesses, people fail to patronize black businesses. On top of not being able to own their own businesses, blacks have also had to face to the employers who still maintain negative racial attitudes towards blacks during hiring processes, especially involving inner-city residents (Oliver & Shapiro 1995: 198).More than nine-tenths of white parents (91 percent) surveyed hold assets compared to fewer than two-thirds of black parents (94 percent (Shapiro 2003: 81). Among families with positive assets, the financial capacities of the parents of white families are four times greater than those of the parents of black families ( Shapiro 2003: 83). Half of all whites come from families with the ability to deliver head-start assistance versus only a fifth of blacks (Shapiro 2003: 84).Cultural capital is yet another form of inheritance that allows families with ample assets to pass along nonmonetary benefits to their children that give them a competitive edge in school, the job market, and other areas. Cultural capital is typically found where wealth is high (Shapiro 2003: 85). Over the lifetime, whites’ inheritances are on average seven times larger than blacks’ inheritances. Black boomers will inherit 13 cents for every dollar inherited by white boomers.The legacy of grandparents of black baby boomers, who lived and toiled under harsh discrimination and glaringly different conditions, did not include financial resources. We see a glimpse of the racial reality of two generations ago continuing to impose and structure differences onto the present generation of young adults and a generation of chi ldren still coming up. Post World War II economic prosperity benefited whites substantially, whereas blacks still faced discrimination in the work place, therefore they were unable to really save any money.Deindustrialization in the post-World War II period had a profound effect on people living these cities. Many who had worked in manufacturing plants lost their jobs as plants closed and moved their operations in the South, overseas, or elsewhere. These people were forced to find other types of employments, and some became poor (Iceland 2003: 109). Building of low-income projects in already poor inner-city neighborhoods in the post-World War II period, contributed to poverty concentration. Residential segregation interacting with economic change and social alienation, played a key role in the perpetuation of concentrated poverty.National black unemployment is officially above 15 percent and rising while white unemployment is 7. 6 percent (Wright 2012: 142). Because the tactics for maintaining systemic white privilege changed in the 1960s, the rationalizations for explaining racial inequality changed, too. Whereas Jim Crow racism explained blacks’ social standing as the product of their imputed biological and moral inferiority, color-blind racism explains it as the product of market dynamics, naturally occurring phenomena, and presumed cultural deficiencies (Bonilla-Silva 170).

Friday, January 10, 2020

Why California is considered a hazard hotspot and how it copes

A disaster hotspot is somewhere where there is a threat of two or more hazards to the area, ranging from geophysical to hydro-meteorological hazards. This is certainly the case in California, where there are an abundance of hazards which threaten the safety of the population. These hazards include earthquakes, bushfires, landslides, flooding, drought and fog. A major threat to the 40million strong population of California is earthquakes, which are caused by a network of active faults which run under the coastline of the state, including the San Andreas Fault and the Garlock Fault. The San Andreas Fault is a conservative boundary, which can give rise to powerful earthquakes. The 1906 San Francisco earthquake was caused by a rupture on the San Andreas Fault, which is a strike-slip fault meaning it is a crack between two plates sliding past each other. This 7. 7 magnitude earthquake caused a lot of destruction in the San Francisco area, killing an estimated 3000 people and leaving an expensive bill of damage ($9. 5 billion in 2009 dollars). Much of the damage and death toll came as a result of the devastating fires which followed the earthquake, which lasted for four days. The people of California are vulnerable to earthquakes as the faults directly underlie the area and the earthquake events cannot be predicted. As California is part of one of the largest economies in the world, it can afford preventive measures such as an annual earthquake drill and building earthquake proof buildings. Drought is another prevalent threat in California, which also gives rise to wildfires due to dry grounds and air. Droughts are caused by a lack of rainfall, heightened by the onset of La Nina. A particularly bad example of a drought in California was in 1976-77 where they only had half the rainfall compared to a normal year, causing a major crop fail, which in less economically developed countries often leads to a famine disaster. Droughts lead to health problems, particularly for the young and old who are at risk of malnutrition and heatstroke. 2007 was a bad year for wildfires. Prior to these fires the area was experiencing a drought, meaning the land was dry which created good conditions for fires to spread. Across the 19 days of burning, there were 9 deaths, over 500,000 acres of land burned, along with 1500 homes. There had been a build up in bushes in the previous decades of no fires which added to the reason the fires were so destructive as they had a lot of fuel to burn on. California is also at risk of flooding, both coastal and from rivers. These events are largely caused by excessive rainfall. In 1964 the Alaskan earthquake caused a tsunami which devastated parts of California, killing 14 residents. A more recent example of flooding was in December 2010 when hundreds of people were evacuated due to more than 12 inches of torrential rain falling, causing flooding and mudslides. This again caused a lot of economic damage. Other mudslides have occurred across the recent decades, often caused by earthquakes or flooding and erosion. In La Conchita there have been two major mudslides, one in 1995 the other in 2005. The more recent event was far more destructive, burying 15 homes and killing 10 people and was caused by excessive rainfall. In conclusion California is considered a disaster hotspot because its population is vulnerable to a variety of hazards which occur quite frequently and sometimes lead on from one another, for example if there is an earthquake landslides could occur as well as the initial destruction caused by the earthquake itself. As a developed state it has invested money and time to ensure the safety of its residents as much as is possible when the events are unpredictable.

Thursday, January 2, 2020

Sensorimotor and Pre-Operational Stages of Cognitive...

When a parent is knowledgeable about the stages of development their child goes through, they are better able to address the child’s needs, help them the child in their physical as well as cognitive development. help them to grow into healthy and successful adults, and to identify any needs they may have. In terms of childcare, when choosing the quality care their infant and toddler should receive, parents will know the right questions to ask when deciding on where to place their child and be able to discuss any problems or delays the toddler may have with the caretaker. Piaget’s theory of cognitive development helps us to understand the developmental stages of a child from birth to 7 years of age. According to Jean Piaget,†¦show more content†¦This will encourage their creative expression and concept development. 5. Tertiary Circular Reactions or â€Å"Let me try† (12-18 months) is a period of trial-and-error where the child purposefully explores new possibilities and testing the results (Santrock, 2013). For example, the child may try different sounds or actions to get attention. 6. Internalizations of Schemes or â€Å"Copycat† (18-24 months) is where children develop internal sensory images or words (symbols) to represent events or objects in their world (Santrock, 2013). Example: a child sees a box open and then close. Child mimics this action by opening and closing her mouth. *One activity you can try with your child is finger puppets where you encourage role playing and imagination. *Please note that all of these activities can be found on Productive Parenting.com (Rempe, 2013). The beginning of what is known as â€Å"object permanence† is learned. Object Permanence is when the child understands that objects continue to exist even though they cannot be seen or heard. For example, in the game peek-a-boo, a young infant will believe that the other person has actually vanished and act shocked when the person comes back. Older infants understand that the person still exist, even when they can’t be seen. At the end of the sensorimotor stage, the child is beginning to form simpleShow MoreRelatedJean Piagets Four Stages Of Cognitive Development1326 Words   |  6 PagesOverview Jean Piaget’s theory of cognitive development proposes that the developmental process of a child is the result of their brains maturity, their nervous system, and environmental factors. He believes the foundation of a childs ability to learn is through discovery learning (Gordon Browne, 2016). Piaget suggests that a child’s logic of thinking is different from that of an adults. Children’s cognitive performance is directly related to the stage of development that they are in currently. AdditionallyRead MoreJean Piaget s Theory Of Cognitive Development895 Words   |  4 Pagesstudy of Psychology. One of these great contributors is Jean Piaget, a Swiss psychologist. He is mostly known for his theory of cognitive development. Jean Piaget used his own life as well of the lives of his own children to develop this theory. He believed that the thought process between children and adults were different and thus that began the process of Cognitive Development. Jean Piaget is a Swiss psychologist who was born on August 9, 1986. He is one of the most influential figures in theRead MorePiaget s Theory Of Cognitive Development1660 Words   |  7 Pagesis because of the four cognitive development stages. Each stage signifies a certain level of development and understanding based on the age of a child. Jean Piaget is a scientist and philosopher who eventually created the cognitive development theories. â€Å"Piaget’s first intellectual interest were the study of nature and epistemology. These interests shaped his views of cognitive development† (Ed Psych Modules, 2012, p. 119). Cognitive Development is defined as a development in a child’s perceptualRead MoreJean Piaget s Theory Of Cognitive Development998 Words   |  4 Pages contributed to our understanding of the minds of children by introducing his theory of cognitive development. This theory shows us how children come to understand the world in four different stage s: the sensorimotor stage, the pre operational stage, the concrete operational stage and the formal operational stage. According to Piaget, each one of these stages is the foundation for the next, so missing a stage is impossible. He compares it to building the second story of a house, without buildingRead MoreCritically examine the contribution of Jean Piaget to our understanding of child development.1321 Words   |  6 Pagescontribution of Jean Piaget to our understanding of child development. Until the mid 1900 s psychologists had no useful theory for explaining how children s minds change as they age. Psychologists interested in this field either has to study it in relation to behaviourism, which emphasises that children merely receive information from the environment, or in relation to the IQ testing approach, which emphasises individual differences in children s development. However developmental psychologist Jean PiagetRead MoreCognitive And Moral Developmental Stages1115 W ords   |  5 PagesThanks you for this opportunity to apply for Position at your school, I understand you have a student centred philosophy, so I’ve done some research on cognitive and moral development in primary age students. Awareness of the cognitive and moral developmental stages of the students is fundamental in structuring lesson plans to facilitate the ease of learning and the potential of each student. The emergence of the ability to think and understand moves from being dependent on Actions and perceptionsRead MoreDevelopmental Theory Essay1726 Words   |  7 Pagescontributions and shortcomings of the Cognitive-Developmental theory and firstly explore the background and key concept’s of Piaget’s work behind child development. Secondly Piaget’s ideas about cognitive change and the four stages of development from birth which are the sensorimotor stage, the pre-operational stage, the concrete operational stage and the formal operational stage and how this impacts development. Thirdly the main weaknesses of the cognitive theory and why, and look at whether anyRead MorePiaget s Theory Of Cognitive Development1325 Words   |  6 Pagessystematic study of cognitive development. He conducted a theory that all children are born with a basic mental structure. He felt that their mental structure is genetically inherited and their learning evolved from subsequent lear ning and knowledge. Piaget’s theory is different from other theories and he was the first to study a child’s learning by using a systematic study of cognitive development. His theory was only concerning the learning of children, their development and not how they learnRead MoreThe Development Of Knowing : Cognitive And Moral Changes Essay832 Words   |  4 PagesThe Development of Knowing: Cognitive and Moral Changes The development of a person is complex and occurs on many levels. Although developmental models differ, they all tend to suggest that development has the following characteristics (Neukrug, 2017, 2013): 1- Continual- goes on and on 2- Orderly, Sequential, builds upon itself- like steps 3- A change process - moving in different phases 4- Painful, yet growth producing- let go to grow 5- Hopeful - optimistic 6- Preventive and wellness oriented-Read MoreSocial Psychology1703 Words   |  7 Pagesavoidance of pain (Greenwood, 2009). Cognitive psychology represents the distinction amongst the human mind and a computer that suggest that humans have the ability to process information from around the world just as computer. Cognitive psychology is not old but the newest part of psychology where the information we receive through our senses is then administered through the brain. Cognitive psychologists try to develop explanations of cognitive development, memory, attention, artificial intelligence