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A. Shatalov , A. Parhomenko
Cybercrimes' Criminalistics Charakteristic
The science-technical progress gradually carry out the modern society to total computerization of public life mostly important fields. Computer information presence connected with it leaking potentially, destroying, risk of unlawful removing or not objective information supplement. The automation of information polishing processes, it perfect securing absence, widespread use of personal electronic-calculating machines and some other objective factors, make it vulnerable for crime manipulations. By new Russian Federation criminal legislation the computer information has became of many juridical sciences researching object, including crime detection. But cyber crimes mechanism not studied yet.
Cyber crimes have collected by legislative into separate chapter 28 of the RF Criminal Code, called “ Crimes in the computer information area”: par.272-unlawful accessing to computer information; par.273-harmful ECM programs creating, use and spreading; par.274-ECM, ECM system or their network exploitation rules breaking. By this paragraphs of the law the criminal responsibility comes for offences which made during creating, polishing, collecting, keeping, finding, spreading and allowing the computer information to the user.
Legislator has extracted, that connecting to cyber crimes there is extremely about information, which collected on the magnetic transmitter, in the separate electronic-calculating machines and also in their network or system. “ Cyber crimes”-is the more meaningful conception, also it cover that offences, which is the logical continuation of the crimes, listed in the paragraph 28 of the RF CC. It is relevantly to remember that yet more then fifteen years ago there were proposed by international experts of information technologies to understand under cyber crimes any unlawful behaving, connected with dates automatic polishing and transmitting. The object of criminal attempt during cyber crimes committing, listed in the paragraph 28 of RF CC, may be: computer information and its protection meanings; program provision; computer technologies.
When they accompanied by committing of other crimes, which accompany to them, with other subject of crime attempt, the criminal responsibility come under ideal combination rules. The range of cyber crimes committing ways is quite wide. Majority of them, by any way, connected with no sanctioning accessing to computer information, e.g. with unlawful information receiving and feeding in or influencing to its polishing.
Conditionally they could be separated into four groups:
1.The ways which impede of information normal polishing:
- unlawful accessing to computer information
- braking of electronic-calculating machine work
- ECM, system or they network exploitation rules braking
- use of program traps.
2. The ways which directed on no sanctioning reading, coping and spreading of computer information:
- unlawful program usage
- unlawful spreading of program provision
- interception of electronic radiations
- dates reading from other users arrays
- information reading which was left in the system memory after sanctioning requirements making
- information coping with protection ways overcoming.
3. The ways, which changed the computer information:
- computer information modification
- disguising under system requirements (hoax)
4. The ways, which destroy the computer information:
- computer information deleting
- computer information blocking
- creating, using and spreading of harmful for computers programs
- destroying of protection mechanisms.
Listed ways of cyber crimes committing close connected with certain signal actions which look like any commands giving from the computer terminal control panel. Many connected to crimes operations could be made not depending where the criminal situated, be single or repeated periodically.
Tracing picture of this criminals group has its own specific, which expressed in that usual material traces (traces of hands, steps and so) more often have secondary meaning, although they presence. The most important cyber crime traces remain in the kind of different information on the magnetic transmitters. These are: special programs (for example for protection overcoming), lie requirements algorithms, selected passwords, codes, identification types and so. The present time computer users identification by the traces on the magnetic transmitters in many cases is difficult or even impossible. The expert methods of work with this traces group developing is the actual direction of science researches in the crime detection.
Quite often cyber crimes not connected with causing of serious and very serious loss, very long remained unnoticed. It is because their commitment ways realize through computer, and, therefore, allow not to leave traces in usual meaning (for example during coping) or disguise them carefully. So to avoid possible loosing of cyber crimes traces and also for their timely uncovering, fixing and removing during urgent investigation actions it is necessary to coax of specialist in the information technology field. The important element of the crime detection characteristic of the cyber crimes is the criminal personality.
By available dates, the most persons who have committed cyber crimes are:
- having any training and access to computer network computer users
- operators, system programmers, persons who produce maintenance and repair of computer networks and systems;
- administrative-managing staff (including high and middle head, accountants, economists and others).
The next factors promote to cyber crimes commitment:
- inter-machine information exchange automation, including on the far distances
- low level of application program provision
- presence of no sanctioning access possibility or computer information modification
- concentration of different appointment and belonging computer information in the united databases
- absence of perfect inspection for access to information
- computer users carelessness, precautionary measures non observance
- constant information streams increasing, which collected, kept and polished with help of computers and other automation measures
- wide range of users who have access to computer information accumulators and others.
We’ll add at last that in the Russian Federation the import computers and communication measures are used on the whole. These and some other objective circumstances make us depending from the international cyber crime.