A Critical Discussion on the legality of hacking

Introduction
New advances particularly in the field of cybersecurity have bought so many
benefits to protect our data but it should be noted that entry of new will always have issues in the
aspect of cybercrime, this leads to misunderstanding about the definition of hacking. In this
Discussion, I will argue about crime and proves that hacking is not a criminal activity.
Computer Crime

“Activity that affects information/Programs or any type of digital data by using

a computer as a weapon.”
Crime can be illustrated in different ways but if we linked with the computer it
can be defined in 4 ways.

• Theft of information.
• The integrity of information.
• Defacing information.
• Trespass information.

Theft of information
Digital Data stolen, blackmailed intentionally to affect
organizations/neighbors in which computer is the target. (e.g., Personal information, Business
plans).
Integrity of information
Modifying/creating information by unauthorized access (e.g., Modifying
warrant information, creating Passport).
Defacing information
Accessing a computer without permission to damage files or programs.
Trespass information
Exploring the files but not modifying any data by violating the owner’s
Privacy.
 In all these types of crimes offender using the computer to perform criminal
activities intentionally. Computer crime is also known as cybercrime but refers to online which
intruders execute illegal activities by connecting to the internet.

Relating Computer crime with Conventional crime

Computer Crime Conventional Crime

Theft of Information Embezzlement

Integrity of information Fraud
Defacing information Theft / Fraud /Vandalism
Trespass information Petty theft /joyriding

Criminal Activity

Moreover, Cybercrime not relates to computers it relates to behavioral science.it

depends on how an individual takes an action from their beliefs and Knowledge.

Belief Emotion Behavior Habit

According to Behavioral Science individual Belief leads to Emotion and it leads to

Behavior of person and behavior overtime leads to habit. This flow effect on intruder as well as
victim side.
“Hacking is not an illegal Activity”

Hacking is a valuable skill to manipulate a computer, it’s not a criminal activity. The illegal
Activity condition will be true only depending on the intent of the individual behind the
computer.
Is it a crime for Army men to hold a gun? but using the gun on the street
like an online game then it is a crime and it is not illegal if he killed an enemy soldier, The same
logic applies in Computer hacking because you are having permission to do
Who are Criminals?
Intruders who will not have authorization and intentionally perform
activities. This brings different types of hackers like grey, white, black hat hackers, script
kiddies, and hacktivists.
Primarily these all groups describe how hackers behave but logically we have only
Positive and negative intention to execute an activity. To make clear that what type of intentions
will come under criminal activity we have concepts called actus Reus and Mens rea.

Mens Rea
The intent a person has behind committing a crime including recklessness and
negligence
Cyber Crime
• Known that the intended access was unauthorized.
• Have been an intention to secure information on the computer.
Actus Reus
The action the person takes to perform criminal activity.
Cyber Crime
• An unauthorized act to the computer.
• Gaining access or trying to gain access to data stored on the computer.
• Gaining Access by using the internet as media.
Hacking
“Hacking is a technical skill to manipulate, identify weakness, gain access to
digital devices or networks.”

Nowadays hacking defines that it is an illegal activity by cybercriminals to

gain money. But During the 1990’s the term ‘hacker’ means a skilled programmer in machine
code and computer operating system. Gradually hackers became experts in cracking passwords
and getting access to files and networks, so people started calling with categorized names using a
word called Threat agent.
Threat agent
A threat agent is a group or individual having the capability to perform one or
more types of attacks against digital devices or network infrastructures.

Threat Agents
Natural

Intentional

Unintentional

Natural: Fire, Floods, Power failure, earthquakes etc.

Intentional : insider ,outsider , hostile ,non- hostile.
Unintentional: insider, outsider, primarily hostile.

Generally, Threat agents are classified as hackers, crackers, Script Kiddies

Hackers: Professional and have the knowledge to Secure and damage but they will follow
ethics.
Crackers: Professional and unethical, they opted to crack the computer infrastructure.
Script Kiddies: Compared to Hackers and crackers they didn’t have enough knowledge, but
they can do damage by using the internet and borrowed tools.

Vulnerability Tree Structure:

To analyze the way followed to exploit a vulnerability by Threat

agents, the Tree structure is been used.
 Server

IDS/IPS

Softwares Files Programs

According to tree structures, threat agents have to exploit the vulnerabilities in

structure. Exploitation of vulnerabilities is a combination of capabilities, motivations, and
opportunities. Threat agents may have different ways to approach and it explained in below table.

Hackers Crackers Script Kiddies

Capabilities Professional Professional Un professional
Motivations Ethical Unethical Show off
Opportunities Sophisticated tools Unlimited resources Depends on their
knowledge.

According to the table, threat agents will follow their way to hack the structure by using
their tools, experience, and logic they applied to break the structure.

Critical Discussion

This main purpose of this discussion is to prove that Hacking isn’t illegal,
while development in technology, it’s been a wrong statement that hacking is an illegal activity,
As stated how the cybercriminals categorized, I Strongly accept that Hacking is not an illegal
activity.
It Proves that the behavior of an individual depends on how valuable
tech knowledge was used. Hacking a device defines to improve security measures, in my
opinion, Hacking is doing clever stuff with knowledge and individuals performing illegal
activities called by name crackers. Hacking can be justified by a recent hacker group called LulZ
accessed all passwords and personal details, they gained access by using SQL injection then
Lulsec press release said “Sonypictures.com was owned by very simple SQL injection, one of
the most primitive and common vulnerabilities, as we should all know by now” and, they
claimed that user information is unencrypted. Hackers will explain these kinds of vulnerabilities
in the security of large organizations and for even Governments to protect data. Everyone must
accept the fact that hackers are necessary to ensure the security of data.
According to law If any individual engaged in criminal activity
and if society thinks it’s, not a crime then it will be circulated as not a crime because it is
lack of understanding of law or we can say as its lack of knowledge by relating the same
to cybercrime, it was stated that hacking is an illegal activity but in my justification it’s the
best knowledge that we can learn.

Conclusion
As the research demonstrated cybercrime, computer crime, hacking is not illegal
activities until it is done with intention. Learning the best knowledge is not a mistake or
crime.” Hacking is not illegal”.

References

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• Russell smith, Peter Grabosky & Gregor urbas. 2008. Cyber criminals on trial.
• Saad Abdulghani shawailah. Computer crimes & Abuse.
• Stillianos vidalis, Andrew Jones. Analyzing Threat agents and their attributes.
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Threat Assessment.
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• https://www.cps.gov.uk/legal-guidance/computer-misuse