Identification And Analysis Of Constitutional Challenges Aimed At Preventing Governmental Abuse In The Policing Of Cyber-crimes

Cyber Terrorism, Critical Infrastructure Protection and Information Warfare

Cyber Crime – An Introduction

1. Identification and analysis of constitutional challenges aimed at preventing governmental abuse in the policing of cyber-crimes?

2. Negative Effects of Constitutional Challenges?

3. Three examples of cyber-crimes committed recently?

In today’s time Cyber crime is one of the fastest growing crimes globally. For committing a diverse range of criminal actions, criminals are exploiting the convenience, speed and anonymity of internet. Earlier these cyber crimes were committed by a group or individual but now it has been seen that large organizations are working behind this with criminal minded professionals, using advanced technology. Increasingly these organizations are turning to Internet, to smooth the progress of their activities and make the most of the profits within a very short period of time (Eggers, 2005). These cyber crimes engage a network and a system. A system is used to commit crimes but sometimes a computer itself becomes target. Cyber crimes have different types, some of them are mentioned below:

• Hacking: In this type of crime personal and private data & information are accessed from a remote site by breaking the PCs.A variety of advanced software’s and technology are used to enter a person’s system and he /she may not aware of this activity.
   
• Theft: Violating the copyrights and downloading the movies, software, games and music, falls under this type of category. Today there are numbers of websites which encourages the piracy (Google Books, 2015).
   
• Cyber Stalking:In this category firstly stalkers used to stalk the victims using Internet instead of offline stalking by online emails and messages.
   
• Identity Theft:In the identity theft category victims may have to suffer with major financial losses. Here the criminals are able to access the private data and information of a victim’s such as details of bank account, debit and credit cards etc and use to siphon money in the name of victim.
   
• Malicious Software: Program or software used to disturb a network to steal the sensitive data and information.
   
• Child soliciting & abuse: In this type of cyber crime, minors are solicited for the intention of pornography via chats.

Cyber crimes are categorized mainly into three types:

1. Individual

2. Property

3. Government

Individual:  Cyber stalking, trafficking & pornography distribution is types of the cyber crime which fall under this category. Various forces are joining the Law Enforcement agencies and taking actions strictly to minimize the rates of such crimes (Jaishankar, 2011).

Property: In this case siphon of money, misusing the by just stealing and robbing the person’s very sensitive data and information such as bank details, credit & debit cards details. Malicious programs and software are used to make these kinds of crimes.

Government:  This cyber crime category is not as similar as the other two.  Crimes against the government, is known as cyber terrorism. This category may cause chaos and terror among the civilian population. In this category criminals used to hack the websites of government, military or spread misinformation (Kundi, 2014). The perpetrators may be anyone; they may be terrorists or unfriendly government of other nations.

Today Cyber crimes have increased exponentially, which lead to rise of several different new issues & challenges for law & its enforcement (Liang & Lu, 2010). As proper legislation is base of cyber crime and prosecution, it is necessary to implement the proper legislation to control such crimes. Some of the major constitutional challenges are mentioned below:

• One of the most major challenges that are the recognition of possible network abuses of latest technologies and essential amendments. With each passing day the technology will accelerates its speed, this topic will remains relevant. Most of the

• Adjustments of national law: with the development of new technology adjusting the national law must begin with the recognition of an abuse. For investigation of potential cyber crime specific departments are required along with the law enforcement agencies (Liu, Xiao, Li, Liang & Chen, 2012). With the developments of computer emergency response team, situation is now under control. In future it is expected that this measure may be proved very helpful in controlling the cyber crime.
   
• Gaps in the penal code should be identified: it is important to compare the present status of criminal legal provisions with necessities arising from latest criminal offences, to ensure that legislatives bases are effectual. In most of the e     cases the new offences are covered by the existing laws. The requirement of the legislative foundations is only needed for those offences which are not covered by the national laws (McCusker, 2007). So, it is very important for important to eliminate or at least tried to minimize the gaps between the penal code to avoid these types of issues.
   
• Drafting of new legislation: It has been noticed that sometimes for a national authorities there may be difficulty in executing the drafting procedure without international cooperation. This is because of the rapid development and advancement of network technologies and in the complex structure of those technologies (Sciencedirect.com, 2015). So for drafting a new legislation cooperation of each country need the cooperation of other countries which results in the better introduction of law in country & also help the other country to adopt the same for eradication of cyber crime problems.

• New Offences: Sometimes committed crime may not be offence but the scams modified more or less it is an offence. One of is its example is “Fraud”. In some countries computer is more influencing rather than the human. So it is necessary especially for these countries, computer related fraud should be criminalized with new laws.
   
• New Investigations Instruments are needed: Information & communication technologies are used by wrongdoer in various ways for grounding and implementing their offences. For investigating those offences law enforcement agencies require sufficient instruments. If the austerity of illegal offences is beyond the ratio with the strength of interference then the utilization of analytical instruments will be baseless and illicit (Singh, 2007). To evaluate the changes in level of threat, it is important to observe ongoing criminal activities. On the foundation of “fight against terrorism” the justifications of new instruments will be done (Egele et al., 2011).  There is need of some very effective measures to take care of wrongdoer.

Hurdles to Effective Law Enforcement: there are numbers of factors which are responsible for lack of effectual law enforcement. Sometimes due to inadequate financial support for law enforcement of cybercrime, due not to which the effective measures are not taken to overcome these problems. There is need of trained cyber experts which will be helpful in taking some valuable actions to minimize the cyber crimes. During the drafting procedure due to not have the full and effective international cooperation it assist toward the cybercrime. Some other reasons are also responsible for deficiency in the effectual law enforcement (Heinonline.org, 2015). Some other reasons are also responsible for deficiency in the effectual law enforcement some of them are shortfall of universality of laws, statutory minimums etc. There is need to enrichment and refinement in the current laws to ensure that the new law will be helpful to conquer issues related to cyber crime.

However there are also negative aspects of constitutional challenges on the society and it also allow the criminals to prosecute their bad intentions to harm an individual or society or and country. Here are few negative effects of legal challenges which are mentioned below:

• First, sometimes value of authoritative standards are professed, on a moral value of particular. It enforce its demands and claims the authority how to live, hat to do or what to not. Due to this reason sometimes moral values of person’s get affected. This led the criminals to implement their bad intentions and thoughts on an individual or group.
   
• Secondly the legal law ‘steals conflicts’ from the person to whom it belongs to. Peoples get themselves surrounded by conflicts with one another. Such conflicts need to be resolved for both i.e. sufferer and the law breaker (Sheng, Chan, Li, Xianzhong & Xiangjun, 2007). And in this case the belonging not goes to the victim or offender. This helps the criminals to mislead or misguide both the party giving their consolation and make them do the wrong thing according to their wish.
   
• Third is the legal law dealing with the process of punishments? Most of the times the punishment is so harsh because the harm caused is to be compensate instead of what is needed. These harsh punishments are not going to result to appropriate ends. This makes feel the backward-looking concern (‘The effect of law enforcement stress on organizational commitment: Policing: An International Journal of Police Strategies & Management: Vol 28, No 2’, 2015).

Some examples are mentioned here which shows the effect of cyber crime and the how rapidly it is growing with the advancement of technology. Various cyber crimes are committed recently which shows the growing intensity of such crime and most importantly its harsh consequences.

• In Pune, India one cyber crime took place in the year of 2011. According to police in this case consumer credit card details misused for booking of air-tickets through online means. It has been found that earlier culprits used to misuse those details belongings to 150 other peoples.

The booking of tickets was done online. Police logged the details and it was found that a private institute is master mind of this crime. After the long investigation of police this is came in light that details were discovered from the State Bank of India. One of the employees of this bank working in the department of credit card, given his customers details to his friend named ‘Lukkad’. Lukkad used this information and booked the air tickets using online means. This crime leads the consumers to face huge financial losses (Egele et al., 2011)..

• In UK 17 suspected users are arrested by the police. These suspects designed the Black Shades malware to retrieve the information from the other computer. After the investigation of police it was found that the Black Shades was designed and sold online. It is basically the malware which enters into other computers and steals the private data g the and those data are misused for other purposes. In this case a 33 and 30 year men respectively are arrested (Watney, 2009).
   
• Law enforcement agencies arrested 17 people. These people are involved in halting the sale of illegal items including al and harmful products. Supply and endorsement of this sale was synchronized from Europol’s European Cybercrime Centre. In this sale the harmful weapons, arms, drugs were included and the promotions were done through dark market place. After the hard working of 6 months Police were able to find out those culprits who were involved in this crime.

Conclusion

According to different reports and above discussion, it can be concluded that with the huge influence of technologies in our daily lives there is also a great impact of cyber crime in today in every one’s life. So it is required to be aware as well as to work for the adoption of new advanced measures to get rid out of these types of cyber crime issues. These online crimes can only be resolved by the awareness and contribution of individual on its own level and actions to be taken by the working government of the nation.

References:

• Egele, M., Caillat, B., Stringhini, G., Yakin, G., Zand, A., Cavedon, L., & Vigna, G. (2011). Hit ’em where it hurts: a live security exercise on cyber situational awareness. Proceedings Of The 27Th Annual Computer Security Applications Conference, 51-61. doi:10.1145/2076732.2076740
• Eggers, W. (2005). Government 2.0. Lanham, Md.: Rowman & Littlefield.
• Google Books,. (2015). Cyber Security. Retrieved 29 July 2015, from https://books.google.co.in/books?hl=en&lr=&id=rn4iHxIJ9hwC&oi=fnd&pg=PR7&dq=hurdles+of+cyber+security+fraud&ots=i667uIiAQV&sig=v-ZAoPzHZVWEf0GJCPFEYrtmzjc#v=onepage&q&f=false
• Jaishankar, K. (2011). Cyber criminology. Boca Raton, FL: CRC Press.
• Kundi, G. (2014). Digital Revolution, Cyber-Crimes And Cyber Legislation: A Challenge To Governments In Developing Countries. Journal Of Information Engineering And Applications,4(4), 61-70. Retrieved from https://www.iiste.org/Journals/index.php/JIEA/article/view/12430
• Liang, B., & Lu, H. (2010). Internet Development, Censorship, and Cyber Crimes in China. Journal Of Contemporary Criminal Justice, 26(1), 103-120. doi:10.1177/1043986209350437
• Liu, J., Xiao, Y., Li, S., Liang, W., & Chen, C. (2012). Cyber Security and Privacy Issues in Smart Grids. Communications Surveys &Amp; Tutorials, IEEE, 14(4), 981-997. doi:10.1109/SURV.2011.122111.00145
• McCusker, R. (2007). Transnational organised cyber crime: distinguishing threat from reality. Crime, Law And Social Change, 46(4-5), 257-273. doi:10.1007/s10611-007-9059-3
• Sciencedirect.com,. (2015). Measures of retaining digital evidence to prosecute computer-based cyber-crimes. Retrieved 29 July 2015, from https://www.sciencedirect.com/science/article/pii/S0920548906000456
• Singh, P. (2007). Laws on cyber crimes. Jaipur, India: Book Enclave.
• The effect of law enforcement stress on organizational commitment: Policing: An International Journal of Police Strategies & Management: Vol 28, No 2. (2015). Policing: An International Journal Of Police Strategies & Management. Retrieved from https://www.emeraldinsight.com/doi/abs/10.1108/13639510510597933
• Watney, M. (2009). Governmental Control of the Internet in addressing Law Enforcement and National Security. Vieweg+Teubner, 108-118. doi:10.1007/978-3-8348-9283-6_11

• Heinonline.org,. (2015). 18 Berkeley Technology Law Journal 2003 Cybercrime & (and) Misdemeanors: A Reevaluation of the Computer Fraud and Abuse Act. Retrieved 29 July 2015, from https://heinonline.org/HOL/LandingPage?handle=hein.journals/berktech18&div=50&id=&page=
• Sheng, S., Chan, W., Li, K., Xianzhong, D., & Xiangjun, Z. (2007). Context Information-Based Cyber Security Defense of Protection System. Power Delivery, IEEE Transactions On, 22(3), 1477-1481. doi:10.1109/TPWRD.2006.886775