Hacking originated in the 1950s and 1960s among engineers at MIT who used it for technical experiments and learning. Over time, some began using these skills for malicious purposes. There are three main types of hackers: black hat hackers use their skills criminally for personal gain; white hat hackers test security systems ethically under contract; and gray hat hackers sometimes hack legally and illegally, but not for profit. Hacking now often refers to criminal computer attacks, though it began as harmless experiments.

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Name: Oho Solomon
ID: BU/14A/Law/1108
Topic: Hacking
Date: 07/20/2015

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Hacking first came up in the 1990’s, where skilled individuals used it to solve problems on
a system and used it to identify the codes of other hackers as a form of competition between
software companies. Most of these hackers became experts and found new ways to crack the
passwords of computers, files, and networks. As the practice continued to grow, the word
cracker and hacker were used interchangeably to describe or identify hackers. 1
Hacking is modifying the features of a system outside the original aim or purpose of the
system. Any person engaging in such activity or has taken it as a lifestyle is called a hacker.
Hacking now takes the form of computer hacking in recent days, as to software and computer
security, it also takes the form of phone hacking, brain hacking, home security hacking etc.
However, due to the attention given to hackers with the intention to cause mischief, the word
hacking is now translated with fear and caution. This has given a bad name to other types of
hackers who found this as a solution to problems. 2
In computer networking, hacking is a technical effort to manipulate and control the normal
signal or streamline of a network and connected systems. A hacker can be described as any
person who does any clever work which was not related to the main purpose of that system or
computer system. In recent days, hacking and hackers are now commonly associated with
malicious programming attacks on the internet and other networks. 3
Hacking originated in the 1990’s where M.I.T engineers in the year 1950 and 1960 made
hacking a popular term to the people starting at the model train club and later moved on to the
mainframe computer rooms. The hacks were meant to be harmless technical experiments and
fun learning I.T activities.
Later, outside M.I.T, other people began using the skill they had acquired for malicious
purposes and for purposes out of its original use. In the United States, a group of hackers
experimented with the modification of telephone lines in order to make free long distance calls
1 What is my IP Address? ‘what is hacking’(2015) <http://whatismyipaddress.com/hacking>accessed on 7/03/15
2 What is hacking? ‘whatis hacking’(2015) <http://whatishacking.org/> accessed on 7/03/15
3 Bradley,M ‘What is a hacker?’ (2015)< http://compnetworking.about.com/od/networksecurityprivacy/f/what-is-
hacking.htm> accessed 7/04/15

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over the phone which was illegal. Due to the popularity of the computer network and internet,
data networks by far became the primary target for hackers. 4
Hacker & Cracker
Hacker:
The term hacker was once a sincere name given to a person who had the skills to solve and
proffer solution to technical problems. These days, the word hacker is usually associated with
criminal activities. Hackers originally are those people who identify security flaws in order to
improve their computer systems.
Cracker:
Crackers are those who attempt to exploit those flaws in the security system to their own
advantage, crackers usually never have good intention when they find out the security flaws, so
should be associated with the word criminal. A cracker who finds a new, “zero-day” security
vulnerability would sell it to criminal organizations on the black market or use it to compromise
computer systems. 5
Phreaking:
When the word hacking is used, the first thing that comes to one’s mind is a computer
system or network, well the “phreakers” have proved that wrong and makes known to us that
hacking can also take place outside the computer system or networks. Now hackers also target
telephone lines in order to gain access to free long distance calls and extra talk hours which
makes it illegal since it is unauthorized, and outside the subscribed plan between them and the
telephone company. 6‘Phone phreaks demonstrated that the mundane telephone could become a
gateway to virtual adventures which spanned the globe, anticipating the culture of hacking today’
4 Bradley, M ’what is a hacker?’(2015), Ibid
5 Lee, M ‘what are the main differences between hackers and crackers?’(2013) <http://www.security-
faqs.com/what-are-the-main-differences-between-hackers-and-crackers.html> accessed 7/05/15
6 Chris baranuik,‘whatever happened to the phone phreaks?’(2013)
<http://www.theatlantic.com/technology/archive/2013/02/whatever-happened-to-the-phone-phreaks/273332/>
accessed 7/05/15

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7The first case that was reported of hacking was in 1961and was published in a popular
magazine called esquire, at that time; phreaking was only practiced by the disabled, blind men
mostly who used the telephone to breaking their lagging. In 1972, the man who goes by the
name of john draper later known as captain crunch after discovering that a plastic whistle in a
cereal box produces a 2600-hertz tone which unlocks the telephone network and allows free calls
and manipulation of the network. This gradually opened a new frontier for hackers to explore
the full functionalities of the network.
Types of hackers
According to hacker’s online club, there are three (3) types of hackers which are: white hat
hackers, grey hat hackers, and black hat hackers.
The black hat hackers:
The black hat hackers are known as crackers, this type of hacker uses his computer
knowledge in criminal activities in order to obtain personal benefits, which is using his skills as
an advantage or taking advantage of the system or network in order to gain or benefit from the
flaw or weakness of that system. For example, a person ho exploits the flaws of a financial
institution for the purpose of getting some money for his benefit. 8
Black hat hackers are the type of hackers that seem to get the most public attention due to
the ways in which they operate and affect others and the system as whole, black hat hackers
usually violate computer security for personal gain and exploit such as stealing money from
peoples credit cards which have been stored online or for malicious purposes such as using a
DDOS (distributed denial of service attacks) on websites they don’t like or have interests in.
These types of hackers are the criminals that perform illegal activities for personal gains and
attacking others. They are the computer criminals. 9 “Black hats fit the widely-held stereotype
7 Ashaolu & Oduwole. Policing cyberspace in Nigeria(Lagos:life gate publishingco ltd 2009)p.88-89
8 Priyan Shu, ‘Hackers Types: black hathackers’hackers onlineclub (2009)
<http://www.hackersonlineclub.com/hackers-types> accessed 7/05/15
9 Chris Hoffman, ‘hacker hat colors explained:Black hat,white hat, and gray hats’how to geek (2013)
<http://www.howtogeek.com/157460/hacker-hat-colors-explained-black-hats-white-hats-and-gray-hats/>
accessed on 7/08/15

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that hackers are criminals performing illegal activities for personal gain and attacking others.
They’re the computer criminals.”10
White hat hackers:
A white hat hacker has no criminal intentions either to cause mischief or for personal gains or
exploits. A white hat hacker contracts with software companies when they need to test the
strength of their network or system, the white hat hackers will point out the flaws in the system,
these form of hackers do not have malicious intentions or participate in illegal activities, and
their intentions are for good use.
White hat hackers are like the opposite of the black hat hackers in the sense that white hat
hackers, are the ‘ethical hackers’, who compromise computer security systems for good, ethical
and legal purposes instead of using their skills for bad, unethical and criminal purposes. Most
companies employ these white hat hackers to test their computer security system, in which the
organization authorizes the white hat hacker to find flaws in their security system in order to
improve or work on those flaws, however when these flaws are found, the white hat hackers
unlike black hat hackers would notify the organization and get them to improve certain areas of
the security system that are weak.
In fact, these days where there seem to have been some kind of digital or computerized
generation where every business, both big and small now require some sort of computing or
networking system for more flexibility and wider range of market, many companies now pay
bounties, or prizes to those white hat hackers who can detect the flaws in their security system. 11
Gray Hat Hackers:
These types of hackers are very rare and are caught in the middle of white hat hackers and
black hat hackers in the sense that they use their skills for both legal and illegal acts, but not for
their own personal gain. These hackers use their skills to prove to themselves that they can
accomplish determined feat, and they never do it for a price tag or for something in return. Grey
10 Ibid
11 chris Hoffman,‘‘hacker hatcolors explained:Black hat,white hat, and gray hats’how to geek (2013)’
<http://www.howtogeek.com/157460/hacker-hat-colors-explained-black-hats-white-hats-and-gray-hats/>
accessed 7/08/15 Ibid

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hat hackers do not hack into any system for money or personal gains, they do this to prove a
point or to break or set new records within themselves although they might be breaking the law
and committing a federal crime if they are caught.12
According to the U.S legal, a grey hat hacker is a skilled hacker who acts sometimes for
offensive purposes, in good will, and for defensive purposes. Grey hat hackers do not hack for
personal gains, or malicious intentions. Grey hat hackers may however commit crimes as they
carry out their technological exploitation. A grey hat does not let the company know that there
has been a hack into their admin system and gets what he wants without causing damage to the
system or exploiting their system for money or useful data. Grey hat hackers often do this to
bring out flaws and loop holes in the company’s security systems in order for them to have a
chance to correct those flaws and prevent attacks from black haters.13 “If a gray-hat hacker
discovers a security flaw in a piece of software or on a website, they may disclose the flaw
publically instead of privately disclosing the flaw to the organization and giving them time to fix
it. They wouldn’t take advantage of the flaw for their own personal gain.”14
Hacktivist:
Hacktivism is the use of computers and computer networks to promote political interests,
free speech, human rights, and information ethics; there are still some questions as to hacktivisim
for good or for bad intentions. Over the years, most of the sophisticated hacks have been carried
out by groups of hackers or nation states, rather than individuals.15
Hacktivism is the combination of two words; hacker and activists; this was first put together
in 1996 which was used to describe hackers with political interests. This gave a distinction
between those who did it for personal gains and those who did it for political interests.
Hacktivists usually aim at exposing the governments or launching mass attacks on the
12 Priyan Shu, ‘Hackers Types: Gray hat hacker’ hackers onlineclub (2009)
<http://www.hackersonlineclub.com/hackers-types> accessed 7/08/15
13 U.s legal.com, ‘grey-hat hacker law& legal definition’(2001),<http://definitions.uslegal.com/g/grey-hat-
hacker/> accessed 7/09/15
15 Dai Davis,‘Hacktivism:good or evil?’(2014) <http://www.computerweekly.com/opinion/Hacktivism-Good-or-
Evil>accessed 07/09/15

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government for situations which they feel the government did not do justice to or if the
government is trying to hide or cover up some information from the public.
Hacktivists, normally use the Distributed denial of service (DDOS) attack, this sends the
target servers with thousands of page request disturbing the servers and denying other users
access to the site but not causing damage to the site. This was what happened in the year 2000
where high profile sites such as e-bay, amazon, yahoo, Datek and other sites suffered from this
attack which was caused by a group of hackers in the University of California, Santa Barbara.16
Script kiddie:
17‘A script kiddie is basically an amateur or non-expert hacker wannabe who breaks into people's
computer systems not through his knowledge in IT security and the ins and outs of a given
website, but through the prepackaged automated scripts (hence the name), tools, and software
written by people who are real hackers, unlike him. He usually has little to know knowledge of
the underlying concept behind how those scripts he has on hand works.’
Hacking as Trespass & Crime:
Hacking in its simplest definition can be compared to the perception of trespass; however,
the legal scope of trespass in Nigeria does not provide or cover data information stored on
electronic devices or computers. A hacker hacks into the system of other persons or
organizations were useful information I stored therefore having unauthorized access since the
owner or person is not aware of the hackers presence or acts in his system were information is
stored. This unauthorized access into a computer system is usually done to commit further crime
such as fraud, getting copyrights, and getting a hold of the person’s financial details to exploit
from. 18
Firstly, hacking as a crime or as trespass in Nigeria would generally be classified under the
criminal code and penal code, the provisions which come closest to address hacking as a form of
trespass was that of “criminal trespass” in section 342 of the penal code, and sections 442, 451 of
16 Martyn Casserly,‘whatis hacktivism? a shorthistory of anonymous, lulzsec and the Arab spring’(2012)
<http://www.pcadvisor.co.uk/feature/internet/what-is-hacktivism-short-history-anonymous-lulzsec-arab-spring-
3414409/>accessed 07/10/15
17 Sec point, ‘types of hackers’(1999) <https://www.secpoint.com/types-of-hacker.html>accessed 07/11/15
18 Ashaolu & Oduwole. Policing cyberspace in Nigeria(Lagos: lifegate publishingco ltd 2009) ‘Ibidp.89

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the criminal code.19 The problem these statutes are faced with is proving if the website is a
property or better yet if the computer networks or online hosting computer is a property for
trespass to be established or admissible in the court of law.
20In establishing hacking as trespass or crime, one has to look at property as defined in the
criminal code, property is defined as “animate and inanimate” objects. This puts things like data
stored on a computer system will not qualify as property and no legal action can arise from it.
21‘According to article 2 of the model legislation on cybercrime, provides that whoever
intentionally, and without authorization, beyond authorization or without reasonable
authorization, intercepts, downloads, copies or extracts by technical means, any non-public
transmission of computer data, including electromagnetic emissions, in whole or in part from or
within a computer, computer program, computer system, or computer network is guilty of an
offence.’
This article provides for the necessary elements that have to be present for the act of hacking
or trespass to be a crime and offence, therefore should be punishable by law, the elements are the
actus reus, which is the physical element and the mensrea which is the mental element that has
to be established for there to be crime. 22
This article has covered the concept of hacking as trespass and crime to a large extent, but
however, there are currently no laws in Nigeria that have been enacted to establish hacking as a
crime or as trespass due to the development and the system of the laws in Nigeria, the closest
laws that do not directly provide for hacking as an offence are in the criminal code and penal
code, even as of that, hacking would likely be treated under “criminal trespass.”
‘Fighting cybercrime requires not just IT knowledge but IT intelligence on the part of the
security agencies. In this clime, there is an IT security divide - a serious shortage of skills to deal
with the threats associated with IT. Shouting and moaning about cybercrime isn't enough. All the
talk is meaningless unless the gap is closed. Security agencies need to be equipped with the
skills, the know-how and the insight necessary to fight cybercrime effectively.’23
19 Section 342 of the penal code; see also sections 442 and 451 of the criminal code.
20 Section 2 criminal code
21 Ashaolu & Oduwole. Policing cyberspace in Nigeria(Lagos: lifegate publishingco ltd 2009)’Ibid p.91
22 Article13.2 of the model legislation on cybercrime
23 Jide Awe, ‘fighting cybercrimein Nigeria’(1989) <http://www.jidaw.com/itsolutions/security7.html> accessed
07/12/15

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Solutions to hacking in Nigeria:
 The law makers need to keep up with e-crime, especially as it becomes more prevalent
and sophisticated. Apart from awareness, security measures (technical and non-
technical) will need to be put in place and enforced, as part of the solutions.
 Raising penalties and increasing the seriousness of e-offences. The right culture should
create a high level of awareness amongst stakeholders.
 There is a need to create a security-aware culture involving the public, the ISPs,
cybercafés, government, security agencies and Internet users. There must be education
about the problems, risks and solutions. Existing and potential victims need to be
considered. Greed and unrealistic expectations are major problems.
 To fight cybercrime, those involved have to spend time to learn how cybercrime operates
and then devise strategies to fight the menace.
 A special task force which would consist of IT skilled graduates who have acquired skills
on hacking and detecting potential hackers after all, ‘to catch a criminal, one has to think
like a criminal.’24
 The internet service providers need to keep a record of its subscribers and who are
currently using their services and also devise a means to prevent hackers from using their
services and blocking every form of threat they pose.
In conclusion, hacking is modifying or intercepting computer systems or networks in
order to gain access to its information, or data stored in it. The term hacking when used is often
associated with criminal activities by the public; however as evaluated in this essay, there are
different types of hackers with different intentions which vary from criminal intentions, to
political interests like the hacktivists. Hacking being a cybercrime by virtue of international
conventions such as the model conventions on cybercrime Have faced problems establishing it as
a crime because for there to be an offence, such crime must have been written down and
prescribed punishment for in the criminal code or in the penal code in Nigeria. This brings more
problems as to establishing hacking as a crime in Nigeria in the face of the law. No particular
measure would be enough and sufficient to curb the activities of hackers that have evil or
24 ‘emphasis added’

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criminal intention, the best solution would be to combine series of solutions and make sure there
is strict and proper enforcements of the solutions or the laws in order to reduce the risks of being
a victim to hacking and protect the people and to protect the use and importance of the internet to
the world.