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The Critical Challenges from International High-Tech and Computer-Related Crime at the Millennium
Abstract
I consider high-tech crime to be one of the most serious issues demanding my attention, and I am doing everything in my power to ensure that the United States actively responds to these challenges.
... This group has met regularly and has discussed ways of enhancing the ability of law enforcement agencies to investigate and prosecute international crime. In January 1997 it created a sub-group to look specifically at hightechnology crime and this sub-group has examined law reform, investigatory, and procedural issues to do with prosecuting cross-border computer crime (Sussmann 1999). ...
... The Convention will, however, be the first international treaty to address criminal law and procedural aspects of various types of criminal behaviour directed against computer systems, networks, or data and other types of similar misuse. As such it will hopefully provide a framework for international reform in this area (Sussmann 1999, Tan 2000. ...
... Further, due to divergences in domestic legislation and deficiencies in instruments, international cooperation is regarded as one of the most effective tools for cybercrime prevention. Nations that are willing to cooperate with other nations in conducting investigations for transnational crime feel necessary to utilise the instruments of international cooperation as well (Sussmann 1998). ...
Last few decades, technology has changed the way we communicate, live, work, and do business. Especially, technology helps businesses to become more profitable by enhancing performance and decisions, improving communications among stakeholders, and reducing costs. It also facilitates businesses to expand worldwide and become accessible to everyone everywhere. Moreover, technological attachment affects business culture, efficiency, and relations across industries. Furthermore, technology adaptation makes business faster, easier, and smarter. Importantly, technology may contribute to both—the data security of own businesses, and threats to the data security of others’ businesses. No matter how the size of a company is—technology has had inevitable effects on business operations. Hence, it can be concluded that new business models, technology, and cybersecurity are closely interconnected. Keeping that in view, this chapter explains the interrelations among business models, technology adoption, and cybersecurity. The findings of this chapter will enlighten all stakeholders regarding the prospects and problems of some emerging technologies in businesses and the possible way forward.
... Customer information has to pass through several hands; and the safety and security of a customer's personal information lies within the hands of the business. Therefore, security and privacy of the information are a major concern [1][2][3][4]. At times, people forget or do not consider the legal and ethical values of their actions. ...
Many jurisdictions encourage the adoption of electronic commerce by enacting statutes that enable contractual dealings to be conducted electronically, and also allows people to use an electronic signature to satisfy any legal requirement. Even the electronic transfer of land is covered under certain statutes as in the case of the Indian Information Technology Act, 2000. However, in the era of globalization; and in the absence of any geographical boundaries for the cyberspace, such new legislations also raise some questions: for how long will these statutes be valid? What are the boundaries of these statutes? Who should be forced to follow them? Most of these questions are unanswerable today. The exponential growth of the internet and online activity raise a number of legal questions. How does copyright apply to digital content? How can national laws apply to cyber wrongs in cyberspace? Can privacy and data protection exist on the cyber space? Can electronic commerce really be secure? Can cyberspace be regulated by one, or by many authorities? In seeking to apply the law to the Internet, problems arise owing to the fact that most laws largely apply to the pre-cyber space world. As the technology improves and ownership of home computers increases, one competently navigate his way around cyberspace, downloading information, reading and writing to newsgroups, and receiving and sending emails. Cyberspace represents the new medium of communication, electronic communication, which is fast outmoding, or even replacing, more traditional methods of communication. The present Study attempts a comprehensive definition of the term "cyberspace," traces out the evolution and growth of cyber space; and enumerates the pros and cons of information technology. In traditional and online trading environments, consumers are entitled to have their privacy respected. While shopping on the internet; most people typically do not think about what is happening in the background. In the modern era of electronic technology, people want to get their work done quickly with little effort. At times, people forget or ignore the legal and ethical values of their actions. Consequently, cyber wrongs in different forms are increasing day by day: cracking/hacking, e-mail spoofing, spamming/Denial of Services (DOS attacks), carding (making false ATM Debit and Credit cards), cheating and fraud, assault by threat, impersonation, intellectual property rights (IPR) infringements (software piracy, infringement of copyright, trademark, patents, domain names, designs and service mark violation, theft of computer source code, etc.), online gambling and other financial crimes including the use of networking sites and phone networking to attack the victim by sending bogus mails or messages through internet, forgery, URL hijacking or squatting (using the domain name of another person in bad faith), cyber vandalism (destroying or damaging the data when a network service is stopped or disrupted), virus transmission, internet time thefts, pornography, cyber terrorism etc-the list is endless. Customer information has to pass through several hands; and the safety and security of a customer's personal information lies within the hands of the business. Therefore, security and privacy of the information are a major concern. E-commerce has a tremendous impact on copyright and other intellectual property rights (IPRs).
... While the spread of the Internet has distinct advantages, it has also resulted in a new type of crime called 'cybercrime,' in which digital devices and networks are the targets of or tools for illicit activities (Alkaabi et al. 2011). Online networks allow individuals to commit crime without there being a need for a physical convergence in time and space (Sussmann 1999). By being away from countries with strong cyber legislations, cybercriminals often target developing countries to commit transnational cybercrimes, resulting in them becoming 'safe havens' for cybercriminals (Gercke 2012, 78). ...
This study examined a sample of transnational computer fraud cases involving bank card fraud and phone scams investigated by the Vietnamese police between 2010 and 2018. This research used social network analysis to evaluate the relationships between computer fraud suspects. The study combined data from criminal profiles and in-depth interviews with police officials to determine the structural characteristics of sample cases. Results showed that transnational computer fraud in Vietnam occurs online and offline, with primary modus operandi including bank card fraud and phone scams. Moreover, the organizational structures of transnational computer fraud in Vietnam differ from those broadly assumed by scholars. Accordingly, this study proposes that the degree of leadership within cybercriminal networks can be used to construct a new typology with four categories: ‘swarm networks,’ ‘distributed networks,’ ‘single-directed networks,’ and ‘group-directed networks.’ As the first study of this nature conducted in Vietnam, this study contributes to the literature of cybercrime and especially, to the knowledge of transnational computer fraud in Asia and beyond.
... The boom in the ICT sector is revolutionizing criminal activity and creating problems for law enforcement. These problems which are evident in the use of networked computers and other technologies in crime commission are widespread (Sussmann, 1999). Cybercrime rely on digital technologies such as computers, communication technologies and networked services (Smith, Grabosky, and Urbas, 2004). ...
Traditionally, policing all over the world has been a boundary-bound activity. Police organizations delineate boundaries and jurisdiction within which they operate and each command knows, with high degree of accuracy, the stretch and reach of its powers and tries to work within its bounds. However, this dynamics has been dramatically altered with the growth of digital technology and the corresponding emergence of technology-enabled crimes across nations' borders. This article examines the changing dynamics of high technology crime and how this development has challenged traditional policing policies and practices. It argues that for the public police service in Nigeria to effectively combat high-tech crimes, they must be up to speed with the demands of a technology-driven world. Policing in digital Nigeria must audit and reform its strategies to accommodate the peculiarities of high-tech crime and sophistication of high-tech criminals. New tools and techniques of investigation are sine qua non to policing in this era. The paper is situated within the framework of the deterrence theory. Above all, policing must go boundary less to be able to effectively deal with the growing spate of technology enabled crime in contemporary Nigeria. Cyber security policy in Nigeria must also consider the emerging threats and explore the opportunities for paradigm shift in policing.
... However, it is still a challenge to control and prevent cybercrime in developing countries than in developed countries due to factors such as; the lack of awareness, ineffective legislation and policies, cost of anti-viruses, amongst others. Law enforcement agencies have not been able to deal with cybercrime effectively, especially in the developing countries because of the pace at which technology is changing (Sussmann, 1999). ...
The proliferation of Information and Communication Technology (ICT) has resulted in the change of different aspects of human life, bringing convenience and simplicity to our lives. It has taken domain in the different business sectors inclusive of the financial institutions. However it has come with its own share of problems, which have become a major concern to business organisations. This study, which was confined to four financial institutions in Harare, was aimed at investigating the prevalence of cybercrime in financial institutions. A total of 48 respondents drawn from four commercial banks were invited to participate using stratified random sampling and purposive sampling techniques, with the questionnaire and in-depth interviews as the key research instruments. The study revealed hacking, phishing, identity theft and malware to be amongst the types of cybercrime in banks. Though financial institutions are putting cyber security systems in place to curb the scourge, the preventive measures are being out- paced by technological advancement.
DOI: 10.5901/mjss.2016.v7n3s1p135
... The author also discusses the necessity of outsourcing investigations to the private sector, as the ability to cooperate with private companies affects both the investigation process as well as outcome (success). In the same vein, [4] points out another critical factor in computer crime investigations: international cooperation. Many western countries may be at the forefront of computer crime forensics and investigations, but other nations may not, and cooperation with them is a critical and on-going challenge. ...
This paper examines the pattern of cyber threats and information security in line with the Nigerian approach to meeting these challenges in the 21 st century. Investigation was carried out on the level of awareness and compliance with the existing cyber security policies among the cyberspace users. The level of enforcement of these policies or measures by cybercafé administrators and government security agencies is also considered. The research employed primarily qualitative methods in the design and analysis. A questionnaire was designed and used in the study. Data obtained from the survey through the questionnaires administered were subjected to analysis using the Statistical Package for Social Sciences (SPSS). The results of the analysis suggest the major group of the populace that are mostly active in committing cybercrime.
... 55 Britain also plays an active part in the Lyon Group of the G8: lawenforcement specialists advising governments on issues of judicial and police cooperation and hi-tech crime. 56 Although not a treaty-based or treaty-making body, G8 is a vehicle for influencing consensus and cooperation. ...
... It has been argued that the United States needs to participate in a regional policy coordination body equivalent to the European Committee of Experts on Crime Problems [ECCP] (Zagaris 1996). The G8 Lyon Group provides an influential forum for discussion, but is not of itself an international institution concluding treaties (Sussman 1999). A coordinated multinational approach dictates a different model of mutual legal assistance. ...
Different national, regional and international political perspectives dictate the individual approaches adopted by domestic jurisdictions towards mutual legal assistance and international law enforcement cooperation. There is no common view of the purpose of international law enforcement cooperation and there are strongly divergent opinions about the most appropriate means of establishing an international legislative framework for mutual legal assistance. This paper examines different approaches in a transatlantic context and offers theoretical models of consensus, control and conflict as a means of understanding better the different positions from which national jurisdictions negotiate international law enforcement assistance.
... With the advent and the exponential growth of the Internet and computerized transactions, the modern world has witnessed not only an expansion of new means of communication and the creation of virtual communities among people in disparate geographical locales, but it has also brought about new and unprecedented opportunities for illegitimate conduct (Ditzion, Geddes, & Rhodes, 2003;Maher & Thompson, 2002;Sinrod & Reilly 2000;Sussman, 1999;Wall 2001a). Cybercrimes have become a permanent factor in the current era of the globalization of information and communications. ...
Deflem, Mathieu, and J. Eagle Shutt. 2006 “Law Enforcement and Computer Security Threats and Measures.” Pp. 200-209 in The Handbook of Information Security, Volume 2: Information Warfare; Social, Legal, and International Issues; and Security Foundations, edited by Hossein Bidgoli. Hoboken, NJ: John Wiley & Sons.
... Because everything from banks to phone systems to air traffic control to our military relies so heavily on networked computers, few individuals and institutions are impervious to this new and threatening criminal activity [transnational and domestic cyber threats]. 74 Regardless of the securitizing actor the state occupies the central role in mobilizing and/or coordinating responses to the threat. The role played by the state in responding to cyber threats is therefore central in alleviating insecurities. ...
The 13 countries of ASEAN+3 are actively working towards creating a regional community in East Asia. At the same time, the regional countries have increasingly relied on web-based technologies to enable them to more efficiently use their resources. Even as this adoption of technology has assisted states, it has exposed them to new threats, with a growing number of East Asian networks and users now subject to a wide range of cyber attacks. These attacks have occurred within and across national boundaries with the transnational nature of cyber security making it difficult for governments to unilaterally securitize emergent cyber threats. As a result, it is becoming increasingly necessary for East Asian governments to protect their interests by working together. To do so effectively will require the adoption of policies and processes used to foster regional integration in other sectors and transfer them into the realm of cyberspace.
... Although there have been recent attempts to harmonise the definition of computer-related crime both nationally and int ernationally, notably the Council of Europe's Draft Convention on Cybercrime (2000) and the G-8 Countries' High-Tech Crime Group established in 1996 (Sussmann 1999), much remains to be done. McConnell International (2000), for example, recently carried out a survey of laws in 52 countries and found that thirty-three of the countries surveyed had not yet updated their laws to address any type of computer crime. ...
... Internationally, the Council of Europe's Draft Convention on Cybercrime (2000) and the G-8 Countries' High-Tech Crime Group established in 1996 (Sussmann 1999), are two examples of significant achievements in this area. ...
... 55 Britain also plays an active part in the Lyon Group of the G8: lawenforcement specialists advising governments on issues of judicial and police cooperation and hi-tech crime. 56 Although not a treaty-based or treaty-making body, G8 is a vehicle for influencing consensus and cooperation. ...
The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is considered in some quarters a threat to national security and the very fabric of society.
... The author also discusses the necessity of outsourcing investigations to the private sector, as the ability to cooperate with private companies affects both the investigation process as well as outcome (success). In the same vein, Sussmann (1999) points out another critical factor in computer crime investigations: international cooperation. Many western countries may be at the forefront of computer crime forensics and investigations, but other nations may not, and cooperation with them is a critical and on-going challenge. ...
This report focuses on how federal agencies define success in computer crime investigations and how they can facilitate the development and refinement of a comprehensive law enforcement strategy for addressing cyber threats. Through interviews with experienced computer crime investigators from the Federal Bureau of Investigation, the U.S. Secret Service, and the Air Force Office of Special Investigations, this project aims to identify how federal agencies conduct investigations related to cyber security and how they define operational success. Our findings show a clear emphasis on threat mitigation, instead of quantitative valuation of prosecutions, as the goal of the investigation. Strategies employ the use of intelligence gathering and sharing to fortify potential targets and identify prolific offenders. These observations are consistent with the current trends in traditional investigation which include the use of an intelligence-led policing model to combat the top national security risks to the United States.
... Since 9/11 it has re-emphasized the focus on inhibiting and preventing terrorist funding. The G8, through the work of the Lyon Group of law enforcement experts and the various sub-groups derived therefrom, particularly in the arena of hi-tech crime (Sussman, 1999), has worked to promote norms and active collaboration. Beside the drafting of good practice protocols, the G8 24-7 emergency response and immediate assistance network for computer crime investigation has long-since incorporated additional jurisdictions from outside the G8 and the concept of such a network has subsequently been enshrined in the Council of Europe Cybercrime Convention (Article 35), which has a global reach and has been ratified by non-European countries like the US, and signed but not yet ratified by Canada, Japan and South Africa. ...
This article reflects upon a decade of developments in the organization of organized crime policing, particularly within the international context. The review illustrates that the policing (in its widest sense) of organized crime is based on certain prerequisites. Other actors besides law enforcement agencies have key roles to play. The creation of an appropriate instrumental framework is equally as important as having competent and appropriate agencies in place. The multiplicity of interests beg questions about what is feasible in the co-ordination of organized crime policing, given that organized crime is a global phenomenon beyond the scope of any one agency or jurisdiction to deal with alone.
... Law enforcement agencies in many jurisdictions have been unable to respond effectively to cybercrime and even in the most advanced nations, 'play catch-up' with cyber savvy criminals (Sussmann, 1999, Council for Security Cooperation Asia and Pacific, 2004). Web-page 'jacking', considered fanciful only a few years ago, is an effective way to steal a customer's identification. ...
Purpose
Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.
Design/methodology/approach
International efforts to combat cyber‐crime are reviewed by evaluating the forms of mutual legal assistance (MLA) now in place.
Findings
Cyber‐crime is often traditional crime (e.g. fraud, identify theft, child pornography) albeit executed swiftly and to vast numbers of potential victims, as well as unauthorised access, damage and interference to computer systems. Most detrimental are malicious and exploit codes that interrupt computer operations on a global scale and along with other cyber‐crimes threaten e‐commerce. The cross‐national nature of most computer‐related crimes have rendered many time‐honoured methods of policing both domestically and in cross‐border situations ineffective even in advanced nations, while the “digital divide” provides “safe havens” for cyber‐criminals. In response to the threat of cyber‐crime there is an urgent need to reform methods of MLA and to develop trans‐national policing capability.
Practical implications
The international response is briefly outlined in the context of the United Nations (UN) Transnational Organised Crime Convention (in force from September 2003) and the Council of Europe's innovative Cyber‐crime Convention (in force from July 2004). In addition, the role of the UN, Interpol, other institutions and bi‐lateral, regional and other efforts aimed a creating a seamless web of enforcement against cyber‐criminals are described.
Originality/value
The potential for potent global enforcement mechanisms are discussed.
The study concentrated on the impact of small entrepreneurship on rural poor women in Bangladesh. It was executed by considering their participation in income generating activities to improved livelihood assets. The study comprised of a sample of 300 women household entrepreneurs selected randomly. Practically, tabular and statistical techniques were used to analyze the results. The results indicated that the impact on poultry and livestock rearing, fishing, homestead gardening was positive. Accordingly, distribution of household expenditure revealed both farm and non-farm entrepreneurs spent more money on food, cloth, health care, and housing than they did before involvement in entrepreneurship. Of concern also, most of the respondent household had brought positive changes in different types of livelihood assets, such as financial capital, natural capital, physical capital, human capital, and social capital. The study employed the sustainable livelihood analysis framework as an analytical tool to identify ways to advance the livelihood of small entrepreneurs. However, lack of institutional support, and poor government facilities are identified as constraints to developed women entrepreneurship.
Pencucian uang lintas negara sudah menjadi masalah internasional yang memerlukan solusi internasional. Globalisasi telah menimbulkan berkembangnya kejahatan ini dan memudahkan para pelaku melarikan diri ke jurisdiksi asing untuk menghindari tuntutan hukum. Realitas ini dapat menimbulkan impunitas dan ketidakadilan. Oleh karena itu, saatnya penegakan hukum terhadap pelaku kejahatan ini direkonstruksi melalui Mutual Legal Assistance sebagai alternatif terhadap ekstradisi menyusul berlakukannya ASEAN Treaty on Mutual Legal Assistance 2004 in Criminal Matters 2004. Penelitian ini bersifat doktrinal dan diperkuat dengan penelitian lapangan yang ternyata menunjukkan bahwa implementasi MLAT 2004 ini banyak dipengaruhi politik dan ekonomi, sehingga konsep “free-movement of judgement” diharapkan sebagai suatu solusi.
ARTICLE INFO ABSTRACT In traditional and online trading environments, consumers are entitled to have their privacy respected. While shopping on the internet; most people typically do not think background. In the modern era of electronic technology, people want to get their work done quickly with little effort. At times, people forget or ignore the legal and ethical values of their actions. Consequently, cyber wrong spoofing, spamming/Denial of Services (DOS attacks), carding (making false ATM Debit and Credit cards), cheating and fraud, assault by threat, impersonation, intellectual property rig infringements (software piracy, infringement of copyright, trademark, patents, domain names, designs and service mark violation, theft of computer source code, etc.), online gambling and other financial crimes including the use of networking site bogus mails or messages through internet, forgery, URL hijacking or squatting (using the domain name of another person in bad faith), cyber vandalism (destroying or damaging the data when a network service is stopped or disrupted), virus transmission, internet time thefts, pornography, cyber terrorism etc-the list is endless. Customer information has to pass through several hands; and the safety and security of a customer's personal information lies wi and privacy of the information are a major concern. E and other intellectual property rights (IPRs). The issues related to copyrights on digital content also unaddressed. From one perspective, the internet has been described as "the world's biggest copy machine." Generally, a trade mark can be owned by an individual, a company, or any sort of legal entity. When someone else tries to use that trademark with illegal dilution of the distinctive trademark. If someone uses a trademark in such a way as to dilute the distinctive quality of the mark or trade on the owner's reputation, the trademark owner may seek damages. intends to address the pitfalls in the present legal system and to evolve a strategy to regulate cyber crimes in India.
Money laundering has developed into a trans-national crime which unsettles international community. The advancement of technology facilitates the money laundering into a transnational crime and high-tech crime. This cross-border crime is a common enemy, since it brings overwhelming and opposite economic consequences among countries in the world. Given the cross-border nature of this crime, the effectiveness of law enforcement in prosecuting the perpetrators or fugitives in other countries is questionable. The customary legal framework between two states in handling such criminal lies in extradition treaty. However, concluding extradition treaty is a difficult task, in particular among countries in Southeast Asia. Moreover, the execution of extradition treaty has always been crammed by obstacles which arose from different interest between requesting and receiving country. In this regard, the need to reconstruct the law enforcement framework and mechanism in eradicating this crime is paramount. In Southeast Asia, strengthening law enforcement among countries in tackling this trans-national crime is imperative, especially in ensuring legal cooperation would enhance the economic development of ASEAN member states in the midst of ASEAN Community. While agreement on the extradition treaty between or amongst Southeast Asia seems difficult to progress, ASEAN member states have agreed on a mutual legal assistance treaty in 2004 (MLA). This study is aimed to show the use of MLA as an alternative instrument to enforce money laundering crime. This research is conducted through a Doctrinal approach to answer money laundering's configuration in Indonesia and ASEAN and the possibility of using MLA as an alternative instrument for the extradition treaty.
Research from a Fulbright Police Fellowship conducted in summer 2001 studying US attitudes and policies to international law enforcement cooperation is presented. Differences between UK police and the multitude of US federal agencies in approaches to investigating transnational organised crime are identified, along with the implications for conducting evidence-gathering abroad and joint operations. No one approach is either right or wrong: the key to successful investigations lies in accommodating, rather than bemoaning, political and cultural differences in attitudes to law enforcement. This article alerts investigators to some of the issues they may encounter in transatlantic cooperation. Although researched and largely written prior to 11 September 2001, the aftermath of those events has not materially affected the conclusions drawn here. Positive attitudes to cooperation have been promoted, but some differences in approach have also been enhanced.
This chapter aims to scrutinize cybercrime as one of the security threat types of transnational organized crime (TOC) in East and Southeast Asia region in the era of globalization. This chapter examines the nature of cybercrime and how it has evolved in the Asia-Pacific region in the era of globalization. Following the booming economy in East and Southeast Asia, the internet has been used as a terrain to conduct transnational crimes, and the criminals try to utilize the loopholes between legal and judicial systems among the countries in the region. This chapter examines the threats that have been posted by cybercrime, which is different from the “traditional” organized crime activities. This chapter uses Taiwan (the official name is the Republic of China, R.O.C.) as a case study. Following globalization and technological development, Taiwan’s underworld went into a new stage of development, penetrating political, economic and other aspects in the society. Thus, many organized crime groups vigorously expand their organizations oversees into East and Southeast Asia. As a result, Taiwan exported many masterminds of telecommunication and internet fraud crime and those criminals form organized crime groups in the third countries. The whole region is affected by the telecommunication frauds conducted by transnational criminal groups that are in many cases headed by Taiwanese. This phenomenon has become a security threat to the region that requires cross-border cooperation and joint effort.
The article deals with the indicators used when making investment decisions in situations when it is necessary to invest different amounts of money in alternative real assets for different periods of time. The author suggests two new indicators: “the indicator of the speed of specific increment in value” (IS) and “conditional bank deposit” (CBD). The first indicator is used to choose the best investments that bring some profit. The second indicator is used to choose the best investments that do not directly bring profit, but are required for the operation of the company.
Society increasingly depends upon technological means of controlling access to digital files and systems, whether they are military computers, bank records, academic records, copyrighted works or something else entirely. There are far too many who, given any opportunity, will bypass those security measures, some for the sheer joy of doing it, some for innocuous reasons, and others for more malevolent purposes. Given the virtually instantaneous and worldwide dissemination widely available via the Internet, the only rational assumption is that once a computer program capable of bypassing such an access control system is disseminated, it will be used.
Cyberspace and thus cybercrime know no boundaries. This chapter reviews some of the basic forms of cybercrime, draws specific attention to the issues that arise when offences occur across borders and in relation to organised criminal groupings, and provides illustrations based on some of the more celebrated cases of the past few years. The borderless nature of cyberspace and the exponential take-up of digital technology throughout the world guarantee that transnational cybercrime will remain a challenge. Fortunately, many nations are rising to this challenge, individually and collectively, but the web of international cooperation does have its holes and those nations that lag behind the leaders risk becoming havens for cybercriminals of the future.
This chapter focuses on how federal agencies define success in computer crime investigations and how they can facilitate the development and refinement of a comprehensive law enforcement strategy for addressing cyber threats. Through case study and interviews with experienced computer crime investigators from the Federal Bureau of Investigation, the U.S. Secret Service, and the Air Force Office of Special Investigations, this chapter aims to understand how federal agencies conduct investigations related to cyber security and determine if the use of intelligence plays a role in leading the investigative process. Our findings show a clear emphasis on threat mitigation, instead of quantitative valuation of prosecutions, as the goal of the investigation. Despite the fact that investigation process includes intelligence gathering, law enforcement agencies do not use it in a proactive fashion. Our results show that investigations on cyber threats lack of strategic planning and are not systematically guided by intelligence.
Purpose – The global wave of information and communication technologies (ICT) development has become a strong driving force in almost every aspect of development. This paper aims to explore the impact of internet crime on individuals, organisations, businesses and government agencies in both developed and developing countries with special reference to developing countries. Design/methodology/approach – The analysis in this paper is based on extensive review of published research works, which provide theoretical and empirical evidence on the effects and impact of the internet on development. Findings – The paper generally concludes that the internet is overwhelmingly a powerful tool for development. Paradoxically, the internet is a “double-edged sword”, providing many opportunities for individuals and organisations to develop but at the same time, has brought with it new opportunities to commit crime. The paper argues that the internet presents new challenges to law enforcement in both developed and developing countries. However, developing countries suffer greatly from the activities of internet crime than their developed counterparts as developing countries have inadequate technology, infrastructure and insufficient law enforcement expertise. Practical implications – This paper reminds individuals, organisations and policy makers alike that internet crime has become a global issue that requires the full participation and cooperation of both developed and developing countries at the international level, as internet crime investigations often require that evidence be traced and collected in more that one country. ICT industries should focus now in designing products that are resistant to crime and can facilitate detection and investigation of crime. Originality/value – A major novelty of this paper is that it traces the historical evolution of the internet and then sketches out some of the innovations the internet has brought as well as considering the negative effects associated with this technology and its impact on development.
This Article is nothing but an exercise in boldness…It touches upon modern Information Warfare Operations, which are now taking place entirely in Cyberspace, with the following – twofold – purpose. First, to offer a brief as well as accurate inroad into their very individual characteristics and the actual threat they represent to international peace and security. Second, to emphasize in the most practical terms possible the need for the creation of a “jus novum”, specifically tailored to regulate this newly emerged and constantly growing threat.
Digital technology has transformed organizational life. Developments in communications, and in information storage and retrieval,
to name just two areas, have greatly enhanced the efficiency with which legitimate organizations operate. Unfortunately, the
benefits of digital technology are not lost on criminal organizations, which exploit digital technology to enhance the efficiency and effectiveness of their own operations. This
paper will discuss the organized criminal exploitation of digital technology, by looking at a number of illustrative cases
from Asia and around the world. It will discuss the various types of “conventional” organized crime that can be facilitated
by digital technology, as well as terrorism, which itself can be regarded as a special kind of organized criminal activity.
One fundamental question that the paper will seek to address is whether the activities of Asian organized crime have become
substantively different as a result of technology, or whether traditional organized criminal activities in Asia are merely
being conducted on a more efficient and effective basis. The paper will note the transnational nature of much organized criminal
activity, and will discuss mechanisms for the control of organized crime in the digital age.
Amidst the sensationalist claims about the dangers of the Internet, Virtually Criminal provides an empirically grounded criminological analysis of deviance and regulation within an online community. It integrates theory and empiricism to forge an explanation of cybercrime whilst offering new insights into online regulation. One of the first studies to further our understanding of the causes of cyber deviance, crime and its control, this groundbreaking study from Matthew Williams takes the Internet as a site of social and cultural (re)production, and acknowledges the importance of online social/cultural formations in the genesis and regulation of cyber deviance and crime. A blend of criminological, sociological and linguistic theory, this book provides a unique understanding of the aetiology of cybercrime and deviance. Focus group and offence data are analyzed and an interrelationship between online community, deviance and regulation is established. The subject matter of the book is inherently transnational. It makes extensive use of a number of international case studies, ensuring it is relevant to readers in multiple countries (especially the US, the UK and Australasia). Pioneering and innovative, this fascinating book will be of interest to students and researchers across the disciplines of sociology, criminology, law and media and communication studies.
at 186; Recommendation No. R (95) 13 of the Committee of Ministers to Member States Concerning Problems of Criminal Procedure Law Connected with Information Technology (last modified
- Id
Id. at 186; Recommendation No. R (95) 13 of the Committee of Ministers to Member
States Concerning Problems of Criminal Procedure Law Connected with Information Technology (last modified Dec. 3, 1998) <http://www.usdoj.gov/criminal/cybercrime/crycoe.htm>
(adopted Sept. 11, 1995).
Japan, and the United States may attend meetings, but may not vote on any matter. See Council of Europe's Fight Against Corruption and Organised Crime (last modified
While membership of the PC-CY is limited to experts from fourteen European countries, representatives from the Canada, Japan, and the United States may attend meetings, but
may not vote on any matter. See Council of Europe's Fight Against Corruption and Organised
Crime (last modified June 10, 1997) <http://www.coe.fr/corrupt/epccy.htm> (Specific Terms of
Reference, Committee of Experts on Crime in Cyberspace, 583rd Meeting, Feb. 4, 1997).
103. See id.; Telephone Interview with Drew C. Arena, supra note 29.
- The White See
- House
See THE WHITE HOUSE, INTERNATIONAL CRIME CONTROL STRATEGY 69 (May
1998).
Rich Leaders Turn Eye to Crime and Debt
- See Id Richard
- W Stevenson
See id.; Richard W. Stevenson, Rich Leaders Turn Eye to Crime and Debt, N.Y. TIMES,
May 17, 1998, at A11.