What are cybercrimes?

This article aims to alert the reader about so-called cybercrimes and how to maintain good online practices to effectively protect oneself in a connected world.

The emergence of new technologies brings progress to humanity, facilitating work and creating new mechanisms of social conduct. It was no different, and should not be, with the emergence of the Internet as we know it today.

Globalization of information, constant exchange of content, and, in a way, an opening of borders previously restricted to the physical world. However, it must be noted that new technologies also bring new problems.

The technological revolution of recent years has brought with it countless opportunities and conveniences for society, but it has also opened the door to a new category of crimes: cybercrimes.

These crimes, which occur in cyberspace, encompass a wide range of criminal activities that exploit vulnerabilities and flaws in digital security.

Cybercrimes, also known as digital crimes or electronic crimes, are criminal activities that occur in the digital environment, using information technology as a means or target.

In this sense, it encompasses all illicit activities committed by criminals using electronic devices, such as computers and cell phones, connected to a computer network, targeting entities such as companies, governments, or individuals, whether or not they are connected to a network.

They can range from targeted attacks on computer systems to online fraud, social media hacks, and even the theft of personal and financial information.

Therefore, everyone is subject to the effects of this practice.

These crimes are usually committed by hackers, ranging from novices to cybercriminal organizations specializing in mass attacks, and can be motivated by money, political, religious, or purely personal reasons.

They are inherently characterized by their transnational nature, meaning that criminals can operate from anywhere in the world, making investigation and prosecution more complex. 

Furthermore, the speed at which information circulates on the internet allows criminals to act quickly and often anonymously.

What are the most common cybercrimes?

Cybercrimes encompass a wide variety of criminal activities, but some are more common than others. Among the most frequent cybercrimes, we can highlight:

Phishing

Phishing is one of the most insidious and widely used tactics in the vast realm of cybercrime. This technique involves the psychological manipulation of victims to obtain confidential information, such as passwords, credit card numbers, and other sensitive data.

The attacker creates an attractive lure, usually in the form of an email, text message, or even a social media post. The lure may promise prizes, fake security alerts, or important information to attract the victim.

The email or message is designed to appear legitimate, often including logos and information from trusted companies. A very common example is receiving emails, supposedly from your bank, informing you that your account has been hacked and that you must click and access a certain link to protect yourself or download files.

Social engineering is key here; criminals strive to create convincing messages that deceive the victim.

The victim is then asked to enter confidential information, such as passwords, credit card numbers, bank details, or other personal data. Criminals capture this data and use it for malicious purposes, such as identity theft, financial fraud, or even more targeted attacks.

Ransomware

Ransomware attacks are a type of virus that involves hijacking data or computer systems, with criminals demanding a ransom in exchange for restoring access. This can cause significant financial losses for businesses and individuals.

They begin with the infection of a computer system. This can occur in several ways, including downloading malicious email attachments through phishing , visiting compromised websites, or exploiting vulnerabilities in outdated systems.

Once inside the system, the virus begins encrypting the computer's files, making them inaccessible to the owner. An encryption key is generated and maintained by the criminals.

From this point on, the victim will be threatened with data loss if they do not pay a ransom.

A famous case in Brazil is the attack on the Superior Court of Justice (STJ), which occurred in November 2020. The system was infected by ransomware that encrypted the entire collection of court cases. Fortunately, or due to good practices, the STJ reported that the backup was not affected, allowing the files to be restored.

Cyberbullying

Cyberbullying is a form of harassment and abuse that occurs in the digital environment. This harmful practice involves the use of the internet, social media, and other technologies to harass, threaten, defame, or humiliate another person.

This crime can take many forms:

• Offensive messages, hate speech, insults, name-calling, and threats;
• Online defamation: how to spread false information and compromising photos;
• Online Stalking (stalking)

• Social Exclusion and Isolation: Perpetrators isolate the victim online, excluding them from groups, chats, or communities;
• Image Manipulation: This involves manipulating photos or videos of the victim to humiliate or compromise them in front of others.

How does Brazilian legislation address cybercrimes?

Brazilian legislation has evolved to address the challenges of cybercrime. One of the laws that addresses this issue is the "Carolina Dieckmann Law" (Law 12.737/2012) , which criminalizes the invasion of devices and the violation of personal data.

Furthermore, the Brazilian Penal Code, as amended by Law No. 14.155/2021, also includes provisions that can be applied to cybercrimes, such as fraud, defamation, and slander.

Brazil is also a signatory to the Budapest Convention, an international treaty that establishes guidelines for the prevention and combating of cybercrime. This convention seeks to promote international cooperation in the investigation and prosecution of these crimes.

The approval of the Brazilian Internet Bill of Rights ( Marco Civil da Internet – MCI) was largely influenced by the occurrence of these crimes. In particular, we can cite its urgent vote after Edward Snowden, a former employee of the NSA – the United States National Security Agency, revealed that his country possessed digital espionage capabilities in Brazil, including on the president of the republic herself.

Also within the MCI (Brazilian Internet Law), we had the inclusion of article 21, which deals with the liability of application providers for not removing intimate content from their platforms after notification from victims.

The inclusion was mainly due to the repercussions of the suicide of two teenage girls, who at the time had nude images of themselves published on social media as part of revenge porn.

Ways to protect yourself from Cybercrime

Prevention is key to protecting yourself against cybercrime. Here are some measures that can help:

• Hire a specialized lawyer

It is clear that even when taking measures to mitigate the inherent risks of internet access, everyone can still fall victim to cybercrime and find themselves in precarious situations.

In these cases, the best course of action is to contact a lawyer specializing in digital law. Professor Manassés, in his article "How to become a lawyer specializing in digital law?" , describes the role of this professional well.

• Keep with updated

Keeping your computer or mobile operating system and applications updated with the latest security patches can help close vulnerabilities that cybercriminals exploit.

• Strengthen passwords

Use complex and unique passwords for each account. Using two-factor authentication whenever possible is another important layer of protection.

• Be aware of the Phishing

Be cautious with suspicious emails and messages. Do not click on links or download attachments from unknown sources.

• Be backup regularly

Keep backups of your important data in secure locations to prevent data loss in case of ransomware attacks.

• Digital Education

Stay informed about the latest cyber threats and teach good digital security practices to colleagues and family members.

At IDP, with the Postgraduate Program in Digital Law, you can also prepare to defend your clients in the online environment, in addition to various other topics relevant to today's world.

In conclusion, cybercrime represents an increasingly real threat in our digital world. However, with awareness, education, and the adoption of appropriate security measures, we can mitigate these threats and protect our data and identities online.

Furthermore, international cooperation and the effective enforcement of legislation are fundamental to combating and punishing cybercriminals.

References

CYBER ATTACK ON THE SUPERIOR COURT OF JUSTICE. In: WIKIPEDIA, the free encyclopedia. Florida: Wikimedia Foundation, 2021. Available here . Accessed on: May 4, 2021.

BRAZIL. LAW No. 12.737, OF NOVEMBER 30, 2012. Available at: Accessed on: September 29, 2023.

Brazil. Federal Law No. 14.155, of May 27, 2021. Available at: Accessed on: September 29, 2023.

Brazil. Federal Law No. 12.965, of April 23, 2014. Marco Civil da Internet (Brazilian Internet Bill of Rights). Available at: Accessed on: September 29, 2023.

SOUZA, CARLOS AFFONSO. LEMOS, RONALDO. Marco civil da Internet: construção e aplicação. 1st ed. Juiz de Fora: Editar Editora Associada Ltda, 2016.