While breaching privacy to detect cybercrime works well when the crimes involve the theft and misuse of information, ranging from credit card numbers and personal data to file sharing of various commodities—music, video, or child pornography—what of crimes that attempt to wreak havoc on the very workings of the machines that make up the network? The story of hacking actually goes back to the 1950s, when a group of phreaks (short for “phone freaks”) began to hijack portions of the world’s telephone networks, making unauthorized long-distance calls and setting up special “party lines” for fellow phreaks. With the proliferation of computer bulletin board systems (BBSs) in the late 1970s, the informal phreaking culture began to coalesce into quasi-organized groups of individuals who graduated from the telephone network to “hacking” corporate and government computer network systems.

Although the term hacker predates computers and was used as early as the mid-1950s in connection with electronic hobbyists, the first recorded instance of its use in connection with computer programmers who were adept at writing, or “hacking,” computer code seems to have been in a 1963 article in a student newspaper at the Massachusetts Institute of Technology (MIT). After the first computer systems were linked to multiple users through telephone lines in the early 1960s, hacker came to refer to individuals who gained unauthorized access to computer networks, whether from another computer network or, as personal computers became available, from their own computer systems. Although it is outside the scope of this article to discuss hacker culture, most hackers have not been criminals in the sense of being vandals or of seeking illicit financial rewards. Instead, most have been young people driven by intellectual curiosity; many of these people have gone on to become computer security architects. However, as some hackers sought notoriety among their peers, their exploits led to clear-cut crimes. In particular, hackers began breaking into computer systems and then bragging to one another about their exploits, sharing pilfered documents as trophies to prove their boasts. These exploits grew as hackers not only broke into but sometimes took control of government and corporate computer networks.

One such criminal was Kevin Mitnick, the first hacker to make the “most wanted list” of the U.S. Federal Bureau of Investigation (FBI). He allegedly broke into the North American Aerospace Defense Command (NORAD) computer in 1981, when he was 17 years old, a feat that brought to the fore the gravity of the threat posed by such security breaches. Concern with hacking contributed first to an overhaul of federal sentencing in the United States, with the 1984 Comprehensive Crime Control Act and then with the Computer Fraud and Abuse Act of 1986.

The scale of hacking crimes is among the most difficult to assess because the victims often prefer not to report the crimes—sometimes out of embarrassment or fear of further security breaches. Officials estimate, however, that hacking costs the world economy billions of dollars annually. Hacking is not always an outside job—a related criminal endeavour involves individuals within corporations or government bureaucracies deliberately altering database records for either profit or political objectives. The greatest losses stem from the theft of proprietary information, sometimes followed up by the extortion of money from the original owner for the data’s return. In this sense, hacking is old-fashioned industrial espionage by other means.

One of the largest known case of computer hacking was discovered in late March 2009. It involved government and private computers in at least 103 countries. The worldwide spy network known as GhostNet was discovered by researchers at the University of Toronto, who had been asked by representatives of the Dalai Lama to investigate the exiled Tibetan leader’s computers for possible malware. In addition to finding out that the Dalai Lama’s computers were compromised, the researchers discovered that GhostNet had infiltrated more than a thousand computers around the world. The highest concentration of compromised systems were within embassies and foreign affairs bureaus of or located in South Asian and Southeast Asian countries. Reportedly, the computers were infected by users who opened e-mail attachments or clicked on Web page links. Once infected with the GhostNet malware, the computers began “phishing” for files throughout the local network—even turning on cameras and video-recording devices for remote monitoring. Three control servers that ran the malware were located in Hainan, Guangdong, and Sichuan provinces in China, and a fourth server was located in California.

Computer viruses

The deliberate release of damaging computer viruses is yet another type of cybercrime. In fact, this was the crime of choice of the first person to be convicted in the United States under the Computer Fraud and Abuse Act of 1986. On November 2, 1988, a computer science student at Cornell University named Robert Morris released a software “worm” onto the Internet from MIT (as a guest on the campus, he hoped to remain anonymous). The worm was an experimental self-propagating and replicating computer program that took advantage of flaws in certain e-mail protocols. Due to a mistake in its programming, rather than just sending copies of itself to other computers, this software kept replicating itself on each infected system, filling all the available computer memory. Before a fix was found, the worm had brought some 6,000 computers (one-tenth of the Internet) to a halt. Although Morris’s worm cost time and millions of dollars to fix, the event had few commercial consequences, for the Internet had not yet become a fixture of economic affairs. That Morris’s father was the head of computer security for the U.S. National Security Agency led the press to treat the event more as a high-tech Oedipal drama than as a foreshadowing of things to come. Since then, ever more harmful viruses have been cooked up by anarchists and misfits from locations as diverse as the United States, Bulgaria, Pakistan, and the Philippines.

Denial of service attacks

Compare the Morris worm with the events of the week of February 7, 2000, when “mafiaboy,” a 15-year-old Canadian hacker, orchestrated a series of denial of service attacks (DoS) against several e-commerce sites, including Amazon.com and eBay.com. These attacks used computers at multiple locations to overwhelm the vendors’ computers and shut down their World Wide Web (WWW) sites to legitimate commercial traffic. The attacks crippled Internet commerce, with the FBI estimating that the affected sites suffered $1.7 billion in damages. In 1988 the Internet played a role only in the lives of researchers and academics; by 2000 it had become essential to the workings of the U.S. government and economy. Cybercrime had moved from being an issue of individual wrongdoing to being a matter of national security.

Distributed DoS attacks are a special kind of hacking. A criminal salts an array of computers with computer programs that can be triggered by an external computer user. These programs are known as Trojan horses since they enter the unknowing users’ computers as something benign, such as a photo or document attached to an e-mail. At a predesignated time, this Trojan horse program begins to send messages to a predetermined site. If enough computers have been compromised, it is likely that the selected site can be tied up so effectively that little if any legitimate traffic can reach it. One important insight offered by these events has been that much software is insecure, making it easy for even an unskilled hacker to compromise a vast number of machines. Although software companies regularly offer patches to fix software vulnerabilities, not all users implement the updates, and their computers remain vulnerable to criminals wanting to launch DoS attacks. In 2003 the Internet service provider PSINet Europe connected an unprotected server to the Internet. Within 24 hours the server had been attacked 467 times, and after three weeks more than 600 attacks had been recorded. Only vigorous security regimes can protect against such an environment. Despite the claims about the pacific nature of the Internet, it is best to think of it as a modern example of the Wild West of American lore—with the sheriff far away.