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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: March 22, 20242024-03-22T13:43:55+05:30 2024-03-22T13:43:55+05:30In: Cyber Law

Discuss the concepts of ‘Technology based’ and ‘Technology neutral’ wrongs in relation to Computer wrongs.

Talk about the differences between “technology neutral” and “technology based” wrongs in regard to computer wrongs.

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    1. Himanshu Kulshreshtha Elite Author
      2024-03-22T13:44:18+05:30Added an answer on March 22, 2024 at 1:44 pm

      In the context of computer wrongs, the concepts of "technology-based" and "technology-neutral" wrongs refer to different approaches in defining and addressing offenses related to computer systems and digital technology. Here's an explanation of each concept:

      1. Technology-Based Wrongs:

        Technology-based wrongs focus on offenses that are specific to or directly facilitated by the use of digital technology. These offenses are inherently tied to the capabilities, functionalities, and vulnerabilities of computer systems, networks, and digital devices. Examples of technology-based wrongs include:

        • Unauthorized Access: This involves gaining unauthorized access to computer systems, networks, or data, often through hacking, phishing, or exploiting software vulnerabilities.

        • Malware and Cyberattacks: This includes the creation, distribution, or use of malicious software (malware) such as viruses, worms, Trojans, and ransomware to compromise computer systems, disrupt operations, or steal sensitive information.

        • Cybercrime: This encompasses a wide range of criminal activities conducted through or facilitated by digital technology, including online fraud, identity theft, cyberstalking, online harassment, and intellectual property theft.

        Technology-based wrongs are characterized by their reliance on digital technology as the primary tool or means of commission. They require specialized knowledge, skills, and tools related to computer systems and networks for perpetration. As technology evolves, new forms of technology-based wrongs may emerge, posing challenges for law enforcement, cybersecurity professionals, and policymakers.

      2. Technology-Neutral Wrongs:

        Technology-neutral wrongs refer to offenses that are not inherently tied to digital technology but can be committed using any means or methods, including traditional analog methods. These offenses do not depend on the specific capabilities or functionalities of computer systems and can be committed using a wide range of tools or techniques. Examples of technology-neutral wrongs include:

        • Fraud and Deception: This involves deceiving individuals or entities for financial gain or other illicit purposes through false representations, misrepresentations, or fraudulent schemes. While digital technology may be used to facilitate fraud (e.g., online scams), the offense itself is not exclusive to digital means.

        • Theft and Property Crimes: This includes offenses such as theft, burglary, robbery, and vandalism, which involve unlawfully taking or damaging property. While digital assets and information may be targeted in cybercrime, traditional forms of theft and property crimes are not dependent on digital technology.

        • Violence and Harassment: This encompasses offenses such as assault, harassment, extortion, and threats, which involve physical or psychological harm to individuals or entities. While cyberbullying and online harassment are prevalent in the digital age, the underlying conduct is not unique to digital platforms.

        Technology-neutral wrongs are defined based on the nature of the offense rather than the means of commission. They are applicable across different contexts and settings, including both digital and analog environments. While advances in digital technology may create new opportunities for perpetrating technology-neutral wrongs, the underlying conduct remains consistent regardless of the medium or method used.

      In summary, the concepts of technology-based and technology-neutral wrongs provide frameworks for understanding and addressing offenses related to computer systems and digital technology. While technology-based wrongs are specific to digital environments and rely on digital tools and techniques, technology-neutral wrongs encompass a broader range of offenses that can be committed using any means or methods, digital or analog. Both concepts are essential for developing effective strategies to combat cybercrime and ensure the security and integrity of digital ecosystems.

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