Combating Cyber Crime

Cyber laws help people sue culprits and help enforcement agencies prosecute criminals. Different countries have different laws and systems for punishment. However, almost all countries take into consideration the amount of damage caused to the victim for assessing the severity of the crime and determining the punishment. If the act of the accused leads to minor losses to users and their systems, it is considered a misdemeanor and the accused is let go with penalties. The criminals whose acts have led to huge losses undergo felony convictions and are imprisoned for several years depending on the degree of guilt.

In a survey conducted by McConell International, it was revealed that most countries do not have comprehensive laws to deal with multifarious cyber crimes. The laws in most countries seek to protect the computer systems of government but not of private institutions. Even if proper laws do exist, the governments are facing problems in their implementation. Philippines is considered to have the most comprehensive cyber law but it is not able to enforce them effectively because of loopholes in the legal system. Most crimes in cyber space go unnoticed and the crimes (and the criminals) that are detected are not punished appropriately. Corruption within law enforcement bodies presents a considerable challenge in tackling organized cyber crime.

To deal with law enforcement problems, businesses and governments should work collaboratively, develop policies to curb internal corruption and implement them effectively. They may enter into information sharing agreements with industry trade associations and law enforcement officials, and integrate their defensive hardware and software systems for better cooperation and coordination in crime detection and punishment. The cooperation should not be limited to a country or a group of countries but should extend to countries across the globe. The cyber laws of countries across the world should be harmonized to form international cyber laws that can be implemented globally.

It is essential to distinguish criminal activities from the means through which they are committed. The Internet, by itself does not distinguish between criminal activities and Internet trading. It enhances the efficiency of commercial activities and also facilitates criminal activities.

Criminal activities can be divided into the following categories:

Leveraging technology to improve the efficiency of existing crimes: Criminals are using computers to create, store and distribute information. If the existing laws in a country are not amended to recognize information stored in electronic form to use them as evidence for prosecution, criminals can easily escape from the law.

Leveraging technology to create new forms of cyber crime: Some people copy information in electronic form without authorization. Criminals may even steal the identity of people, make huge purchases on their name or withdraw money from their bank and escape. Governments and businesses need to work together on improving security systems to prevent identity theft.

Designing crimes to attack security systems of computers in the network: Some criminals and antisocial agencies may prevent the legitimate access to information systems by initiating denial of attacks on web sites. The laws need to be updated to impose severe punishment on the people responsible for such attacks.

The criminal investigation of e crime requires law enforcement officials to acquire special skills. They should be able to capture reliable evidence from computer systems such as the presence of certain suspicious files, e mails, newsletters and web sites. The local police forces and the judiciary also need to be trained to handle cyber crime. Governments should assume the responsibility of educating the public from the primary level to the PG level in an understanding of how to be good cyber citizens.

Governments across the world are under pressure to control public expenditure. Cyber crime investigation demands additional resources for governments to train personnel across the criminal justice systems and educate people. Governments may collaborate with large commercial organizations and share the costs of training personnel in the skills and techniques needed to combat e crime. They can also share intelligence on e crime and develop standard methods to measure the intensity of cyber crime. The IT industry should take on the responsibility of developing products and business solutions that are immune to criminal activities.

Some proposals have been put forward by industry experts to the UK government to deal with cyber crime:

The government should develop a national strategy for combating e crime, after discussion with users and industry players.

The law commission should revise legislation to facilitate effective investigation and prosecution of cyber crimes.

The national crime investigation agencies should look for ways and means to impart required skills and training to investigation personnel without putting the burden on public funds.

The government should form an association involving all the stakeholders in cyber space, and participate in international efforts to combat e crime. (The National Hi Tech Crime Unit formed in the UK is already working to set common standards and practices for computer systems in the network.)

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