--- The Challenges to Enforcement of Cybercrimes Laws and Policy
Author(s): EFG, Ajayi
Author(s) keywords: challenges, cyber criminals, cybercrimes, economic losses, enforcement
Reference keywords: cybercrime, cybercrime law
Abstract:
Cybercrime, a concept which to date has defied a globally accepted definition appears to be the latest scourge plaguing man and same has occupied the cynosure of attention. The word “cybercrime” is on the lips of almost everyone involved in the use of the computer and Internet be it individual, corporate, organization, national, multinational or international. The attention accorded cybercrimes is not far-fetched, on one hand, it is partly rooted in its unavoidable nature as a result of the fact that telecommunications via the cyberspace, is the veritable means by which social interaction, global trade and commerce are transacted; and on the other, the economic losses to which all citizens are exposed whether now or in the nearest future. Aside economic losses, other consequences of cybercrimes includes but not limited to setback to the brand image and company reputation otherwise known as goodwill, loss of intellectual property and sensitive data, opportunity costs which includes but not limited to service and employment disruptions, penalties and compensatory payments to affected clienteles, contractual compensation for delays, cost of countermeasures and insurance, cost of mitigation strategies and recovery from cyber-attacks, the loss of trade and competitiveness, distortion of trade and job loss. This paper argues that it is not as if relevant laws and regulations are not in place because some advanced nations in the world have in one form or another, laws against cybercrimes, yet, the challenge of cybercrimes remains intractable and bewildering. As nations across the globe strives to curb cybercrimes through the instrumentality of the law, so are the cyber criminals devising new and sophisticated techniques to further their trade thereby rendering impotent, the extant legal measures. This Article intends to bring to the fore, a comprehensive account of why cybercrimes remains an albatross in order showcase the enormity of the challenge faced by humanity, in the hope that, when the extent of the problem is known, may be, a global solution would timeously be fashioned out, to stem the tide of cybercrimes.
References:
[1]. M. McGuire and Samantha Dowling, Cyber-crime: A review of the evidence Summary of key findings and implications Home Office, Research Report 75, Home Office, United Kingdom, October 2013.
[2]. Electronic Communications and Trans-actions Amendment Bill, South Africa, 2012.
[3]. Centre for Strategic and International Studies (CSIS): Net Losses - Estimating the global cost of cybercrime. Economic impact of cybercrime II, p.1, June 2014.
[4]. J. Hawes, 2013 An Epic Year for data breaches with over 800 Million records lost, Naked Security, February 19, 2014.
[5]. P. Paganini, Cost of cybercrimes, InfoSec Institute, 2013.
[6]. C. Weiping, C. Wingyan, C. Hsinchun, and C. Shihchieh, An International Perspective on Fighting Cybercrime，ISI'03 Proceedings of the 1st NSF/NIJ conference on Intelligence and security informatics, 2003.
[7]. Cybercrime (2015, May 18), [Online]. Available:
www.ictparliamnet.org/legislationlibrary/Cybercrime.html
[8]. N. Cowdery, Emerging Trends in Cyber Crime, 13th Annual Conference - New Technologies in Crime and Prosecution: Challenges and Opportunities, International Association of Prosecutors, Singapore, 2008.
[9]. Georgia Tech Information Security Centre, Emerging Cyber Threats Report for 2009, 2008.
[10]. Cybersecurity Strategy (2015, May 19), [Online]. Available:
https://ccdcoe.org/sites/.../files/.../APEC-020823-CyberSecurityStrategy
[11]. ITU Telecommunication Development Sector, Understanding Cybercrime: A Guide for Developing Countries, 2009.
[12]. N. Cowdery, Emerging Trends in Cyber Crime, 13th Annual Conference – New Technologies in Crime and Prosecution: Challenges and Opportunities, International Association of Prosecutors, Singapore, 2008.
[13]. Leflar, Jurisdiction and Conflict of Laws, pp. 223, 2010.
[14]. U. Sieber, Memorandum On A European Penal Code, in Juris-tenzeitung, 1997.
[15]. M.F. Miquelon-Weismann, The Convention on Cybercrime: A Harmonized International Penal Law: What Prospects for Procedural Due Process?, J Marshal J Computer & Info L, 2005.
[16]. *** Criminal Code Law of Australia
[17]. *** Computer Misuse Act 1990 Laws of United Kingdom
[18]. *** Police and Justice Act 2006 Laws of United Kingdom
[19]. *** Electronic Communications and Transactions Amendment Bill, 2012 South Africa
[20]. *** Austrian Extradition and Legal Assistance Act
[21]. *** Brazilian Constitution of 1988
[22]. *** Criminal procedure code of the Republic of Belarus
[23]. *** Code of criminal procedure (legislative part), France
[24]. *** Basic Law for the Federal Republic of Germany
[25]. *** Law of Extradition Japan
[26]. *** Charter of fundamental rights and freedoms
[27]. *** Geneva Conventions
[28]. *** The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or The Convention for the Protection of Cultural Property in the Event of an Armed Conflict The U.N. Convention Against Corruption
[29]. Alade v Alemuloke. (1988) 1 N. W. L. R. (pt. 69) 207
[30]. Cheng v Governor of Pentonville Prison (1973) A.C. 931, 945 H.L
[31]. Madukolu & Ors. V Mkemdilim (1962) 1 All N. L. R. 587
[32]. Matter of Doherty, 599 F. Supp 270 (SDNY 1984)
[33]. Oloba v. Akereja (1962) 1 All N. L. R. 587
[34]. Othman (Abu Qatada) v. United Kingdom 8139/09 (2012) ECHR 56
[35]. Quinn v Robinson 783 F.2d 776 (9th Cir. 1971)
[36]. R v Governor of Brixton Prison, Ex Parte Schtraks (1964) AC 556, at 583 HL
[37]. Re Ezeta, 62 F. 972, at 978 (ND Cal)
[38]. Schtraks v Government of Israel (1964) AC 556, 582-584
[39]. Soering V. The United Kingdom (1989) EHRC
[40]. UAC V Mc Foy (1962) AC 152
Article Title: The Challenges to Enforcement of Cybercrimes Laws and Policy
Author(s): EFG, Ajayi
Date of Publication: 2015-12-29
Publication: International Journal of Information Security and Cybercrime
ISSN: 2285-9225 e-ISSN: 2286-0096
Digital Object Identifier: 10.19107/IJISC.2015.02.04
Issue: Volume 4, Issue 2, Year 2015
Section: Studies and Analysis of Cybercrime Phenomenon
Page Range: 33-48 (16 pages)
Copyright ©2012-2024
The International Journal of Information Security and Cybercrime (IJISC)
All rights reserved
The International Journal of Information Security and Cybercrime is a trademark of the Romanian Association for Information Security Assurance (RAISA).
No part of this publication may be reproduced, stored in a retrieval system, photocopied, recorded or archived, without the written permission from RAISA. When authors submit their papers for publication, they agree that the copyright for their article be transferred to the Romanian Association for Information Security Assurance, if the articles are accepted for publication. The copyright covers the exclusive rights to reproduce and distribute the article, including reprints and translations.