Cybercrime, or computer crime, is any criminal activity carried out through a connected device such as a computer or mobile phone. The majority of cybercrimes are committed for monetary purposes, but there are also crimes that stem from political, religious and personal beliefs. Computers, medicine, and science aren`t the only things that improve over time with technology. Crime must also grow with the rise of knowledge to continue serving nefarious purposes for greater rewards. I remember the birth of the public internet and the cries of connection to the vast space of knowledge at our disposal, but criminals around the world also connected, laying the foundation for larger, more profitable operations. When will we get to a point where laws must transcend borders? Let`s see why the cybercrime law is important. Jurisdiction. There are three main branches of law in the United States: criminal law, civil law, and regulatory law. The criminal (or punitive) system deals with crimes prosecuted by the government – local, state or federal – which can be punished by fines, loss of liberty (prison or prison) or, in extreme cases, even loss of life (death penalty).
The civil system deals with disputes between persons or organizations (including, in some cases, government agencies) when the party found liable is ordered to pay damages and/or is ordered to do or not do something (injunction). Regulators have jurisdiction over specific industries or activities and may impose fines and/or revoke the authorization of a person or entity to carry out activities or engage in the regulated activity. Nature of the case. Within each system, there may be different authorities or courts to which jurisdiction is assigned for different types of cases. For example, in the criminal justice system, some courts deal exclusively with traffic offences and others with domestic violence and other family law cases. Some law enforcement agencies only have jurisdiction over offences that violate the state`s Liquor Act, or investigate and prosecute only offences that fall under the Parks and Wildlife Act. In the civil system, some courts deal only with divorce cases, others deal only with probate matters, and so on. Degree of offence. In the criminal justice system, different courts have jurisdiction over different crimes, depending on their severity. District courts can only try violations of municipal ordinances and/or certain administrative offences.
District courts may deal with more serious offenses, while district courts deal with felonies. Financial damages. In the civil system, various courts deal with cases based on financial damages. For example, courts may have jurisdiction over small claims actions or justices of the peace may have jurisdiction over claims up to a few thousand dollars. Government. The United States has separate laws, law enforcement agencies, and court systems for different levels of government. In the criminal justice system, there are municipal police officers, county sheriffs (and in some states police officers and/or field marshals), state police officers or soldiers, and many federal agencies such as the FBI, DEA, BATF, etc. who enforce laws passed by governing bodies at the appropriate levels (city and county ordinances passed by city councils and county commissioners, B. Federal Laws Passed by State Legislatures, and Federal Acts Passed by the United States Congress).
Instead of developing new special laws against cybercrime, some countries have amended their national laws or codes and added specific paragraphs to combat cybercrime. An interesting consequence of this practice has been that some countries have decided to criminalize separately the illegal use of information and communication technologies to commit crimes. Thus, if the perpetrator used the illegal access to commit counterfeiting or fraud, such conduct would constitute two crimes at the same time. The laws are good, but doubts remain about whether they will be enforced as effectively as possible, Ghosh says. Consultations between federal and state police commissioners and legislators eventually culminated in the 2001 Electronic Crime Strategy, which identified high-tech crime as a priority for Australian law enforcement agencies and created a separate organization to lead the work. But there`s good news: the tide is turning, slowly. Here we present three organizations that illustrate what can be done to combat cybercrime. Conclusion: The most effective tool in the fight against cybercriminals is not sophisticated equipment or inflated budgets, but cooperation. Procedural law defines the procedures and procedures to be followed for the application of substantive law, as well as the rules that allow the application of substantive law. An important part of procedural law is criminal procedure law, which contains detailed rules and guidelines on how suspects, accused and convicted persons should be treated and treated by the criminal justice system and its agents (Maras, forthcoming, 2020; for general information on criminal proceedings, see LaFave et al., 2015; for information on international criminal procedure, see Boas et al., 2011).
Finally, cybercrime procedural law includes provisions on jurisdiction and investigative powers, rules of evidence and criminal procedure relating to data collection, interception, search and seizure, data retention and retention (set out in Module 4 on Introduction to Digital Forensics, Module 5 on Cybercrime Investigations, Module 6 on Practical Aspects of Cybercrime Investigations, and Digital Forensics can be discussed in more detail). and Cybercrime Module 10 on privacy and data protection; see also UNODC, 2013, pp. xxii-xxiii). Cybercrime presents some unique challenges in terms of procedures, including jurisdiction, investigations, and digital evidence. Jurisdiction. Law enforcement authorities can only investigate cybercrime, and national courts can only adjudicate cybercrime cases if the State concerned has jurisdiction. Jurisdiction refers to the power and authority of a State to enforce laws and punish non-compliance with laws (this topic is discussed in more detail in Module 7 on international cooperation in combating cybercrime). Jurisdiction is linked to state sovereignty, which is the right of a country to exercise its authority over its own territory (UNODC, 2013, p.
55). Jurisdiction is usually associated with the geographical territory or locus commissi deliciti (the place where the crime was committed), with States claiming jurisdiction and prosecuting crimes committed on their territory (principle of territoriality). Since there are no geographic boundaries and territories in cyberspace, location cannot be used to determine jurisdiction. For this reason, states rely on a variety of other factors to determine their jurisdiction (Brenner and Koops, 2004; Rahman, 2012; Maras, forthcoming, 2020): One of these factors is the nationality of the author (nationality principle, active personality principle). This principle states that States have the power to prosecute their nationals even if those nationals are outside their territory. To a lesser extent (in its use), the nationality of the victim may be used to assert jurisdiction over a crime (nationality principle, passive personality principle). A State may also establish jurisdiction because offences committed in another State (e.g. treason or espionage) have adversely affected the interests and security of the State requesting jurisdiction over the case (principle of protection).