Cyber-Crime Article Analysis
June 12, 2013
Cyber-Crime Article Analysis
Cyber-crime is an increasing type of crime locally and globally. Cyber-crime is defined as, “criminal activity or a crime that involves the Internet, a computer system, or computer technology,” ("Cyber-crime," 2012). Law enforcement, courts, and corrections are affected in different ways by cyber-crimes. Law enforcement faces issues with cyber-crime, such as privacy, confidentiality, determining the location the crime initiated, and locating the perpetrator(s). Courts face issues, such as loss of evidence and loop holes in laws. Correctional ...view middle of the document...
It is rarely clear at the outset of an investigation as to the ultimate purpose behind a computer intrusion. However, our investigations have developed evidence that in a majority of cases, the purpose of intrusions is to facilitate ongoing criminal activity and seek financial gain. (fbi.gov)”
To improve the global fight against cyber-crime, law enforcement officers should be trained rigorously and continued training should be implemented. Because new computer and high-technology crimes arise frequently, they need to be trained and educated on what is going on and ways to combat it. To enforce substantive laws that apply to online conduct effectively, law enforcement authorities need appropriate tools for detecting and investigating unlawful conduct involving the Internet. To the extent that existing investigative authority is tied to a particular technology, for example, it may need to be modified or clarified so that it also applies to the Internet (Schmalleger, Hall, Dolatowski, 2010). One of the more specific challenges the criminal justice system faces in regard to cyber-crimes is jurisdiction along with deciding the laws that may have been violated. To improve the effectiveness of combating cyber-crimes, it is important for government agencies and the criminal justice system to cooperate with each other.
Cyber-Crime and Courts
Cyber-crime has a definite impact on the India court system. Jurisdictional issues affect the India court system because it can be hard to determine where the crime originated; making it hard to determine which court system will try the perpetrator(s). Loss of evidence is another concern for India’s courts when trying cyber-crimes because data can be easily destroyed (Dashora, 2011). Although The Information Technology Act was enacted in 2000, the Act left many loopholes in legislation against cyber-crime (Dashora, 2011). The Information Technology Act 2000 focuses on aiding ecommerce instead of combating cyber-crime and lacks to define and include some cyber-crimes (Dashora, 2011).
Combating Court Issues
Cooperation between national jurisdictions and countries is necessary to combat cyber-crime. It will be hard to preserve evidence because cyber-crimes can take place without notice and data can be destroyed before the crime is reported. Immediate action by the victim(s) is necessary to preserve evidence. Educating the public on protective software and steps to take when a person does become a victim of a cyber-crime would also be beneficial to the courts prosecution of the perpetrator(s). The most important measures that can be taken to assist courts in prosecuting cyber-criminals is increased technology to stay up-to-date on cyber-crimes and redefining laws to eliminate the loopholes. If cyber-crime is currently too advanced to be eliminated, laws need to improve to ensure prosecution once a cyber-crime has been committed.
Cyber-Crime and Corrections