Cyber Crime Foundations for Cyber Security

Question: 1.Identification and analysis of at least three constitutional challenges aimed at preventing governmental abuse in the policing of cyber-crimes. 2.Analysis of potential negative effects of these constitutional challenges, including how it gives the criminal the advantage over the prosecution. 3.Analysis of three examples of cyber-crimes committed recently where these constitutional challenges affected the prosecution of the criminal, and the ultimate outcome of the cases. Answer: Introduction Cyber Crime is an illegal activity in which computer can be used as a primary source of commission (Yar, 2013). Cyber Crime includes crimes that are only possible by using computers such as dissemination of computer viruses, network intrusion as well as existing computer crimes such as stalking, terrorism, and bullying. In this report, the researcher discusses the constitutional challenges that aimed at preventing governmental abuse in the policing of cyber-crimes. The researcher also discusses Potential negative effect of constitutional challenges including three cases of Cyber Crime Identification and analysis of three constitutional challenges Investigating and prosecuting cases of cybercrime involves number of disputes for law enforcement agencies. It is not only necessary to educate the people about cybercrime, but it is very much important to implement effective and proper legislation (Clough, 2014). The researcher discusses constitutional challenges in this section. The constitutional challenges include: Challenges in drafting national criminal laws Effective legislation became the foundation for investigating and prosecuting number of cases of cybercrime. It is the task of the lawmakers that they must response to the development of internet for monitoring the effectiveness of provisions.. New forms of crimes are raised due to the introduction of new Internet and computer related services. Prosecution of new forms of cybercrime requires time for updating the national criminal law (Gray et al., 2013). It is important to review and updated those offenses that are under the national criminal law. Violations cannot be prosecuted without integrating the cybercrime offenses. The delay between the recognition of potential abuses of new technologies and important modifications is the most important challenge before the national criminal legal system. With the accelerating speed of the network innovation, the challenge remains relevant and tropical (Elmaghraby Losavio, 2014). Many countries are operating effectively in order to catch up with the regulations that are related with the legislative New offences Mostly crimes that are committed by using ICT's are not new crimes but they are scams which are modified for committing online. Fraud can be considered as one example. There is not much difference between a letter that is sent for misleading an individual or an email that is used for the same intention (Randhawa Singh, 2016). If fraud was considered as a criminal offense, then adjustment is not required from the national law to prosecute such acts. Previously, some countries have provisions for fraud cases, but they don't have provisions for those offenses that arise due to development in computer system. It is very much necessary for those countries to adopt new provisions in order to deal with offenses that arise due to computer system (Yar, 2013). For ensuring effective criminalization, it is the task of the lawmakers to develop and analyze different types of offenses that are related with cybercrime. Theft and fraud cases related with computer games are yet not criminalized. New criminal activities are discovered every day (Hazelwood Koon-Magnin, 2013).Some virtual currencies provide crime a real dimension as they have the same value in terms of real currency. Such cases are not prosecuted in every country. For preventing this type of offenses, it is very much important for the offenders to monitor development properly. Increasing use of ICTs ICTs are used by offenders in preparation and execution of offenses. Adequate instruments are required by the law enforcement agencies in order to investigate criminal acts. Some of the instruments can interfere with the innocent users of the internet (Jones Choo, 2014). The use of instrument is unjustified if the harshness of the illegal cases are out of fraction with the power of interference. Hence, numbers of such gadgets that can make the investigation easier are yet not developed by many countries. The implementation of new investigative gadgets is introduced due to the results of a trade-off. The trade-off is mostly between the parliamentary agencies and with the rights of innocent users of the internet (Haase, 2015). It is very much important to examine the present actions of the criminals. This must be done in order to evaluate the changes of threat level. Analyzing negative effects of constitutional challenges The negative effects of constitutional challenges that provide criminal the advantage over prosecution are: Negative Effect of Challenges in drafting national criminal laws Effective legislation is the base for investigating cases that are related with cyber crime. New forms of crimes are rising every day due to the development of technologies. The national criminal law of the country is not updated for reviewing those offenses that are under the national criminal law (Choucri et al., 2014). The delay between the recognition of potential abuses of new technologies and important modifications is the most important challenge before the national criminal legal system is advantageous for criminals. This is because as the national criminal laws of the many countries are not updated with the new cases that are occurring, the court cannot prosecute a criminal (Ruan, K. (2013). Proper legislative foundation is required for comparing the status of criminal provisions with the requirements that are arising due to new criminal cases. Negative Use of New Offences Due to the development of computer systems, theft and fraud cases are increasing at a rapid rate. Many countries do not have provisions for new offenses that are occurring due to the development in computer and internet technologies (Gray et al., 2013). New criminal activities are discovering every day. It has a negative effect on the constitutional rules of a country, and it provides criminal the advantage over prosecution. New criminal activities are discovering every day, but the constitutions are not implementing new provisions against the offenses that are occurring due to development of internet. It is very much necessary for those countries to adopt new provisions in order to deal with offenses that arise due to computer system (Elmaghraby Losavio, 2014). New type of offenses are not analyzed and developed by the lawmakers. The court cannot prosecute a criminal based on such provisions that are not under the constitutional law. Negative effect of ICTs Misuse of ICTs can occur in government or private sector. Mostly human rights principles are directed in order to identify and prevent abuses from government sectors. The technologies that are relevant to infringement of humans right are the DNA analysis, mobile phone camera, biometric identification, networked data based, voice recognition system, etc. (Hazelwood Koon-Magnin, 2013). Anyone having access to a computer can post anything by using an internet on a website. Sometimes the post is not reliable. The increasing use of ICTs provides advantage to criminals instead of prosecution. This is because nowadays people misuse internet and the computer technology. For example CCTV cameras are used for prosecuting criminals and for providing undeniable evidence but images are not always clear which sometimes mislead police, and this is sometimes advantageous for criminals (Fidler et al., 2016). CCTVs can be damaged very easily which sometimes act as a positive point for criminals in order to avoid prosecution. Three recent cyber crimes with respect to Constitutional challenges The constitutional challenges to the punishment of Cyber crime activities and the criminals have some examples where the accusation was spared from severe punishment. Teenager was spared jail even after hacking governments worldwide A teenage hacker hacked a government networks from all over the world. He even sent threats of bombs attacks to the US airlines. In addition, he did all these while sitting in his bedroom by using the knowledge of hacking. The teenager was merely 16-year-old from Plympton, Devon (NJ.com, 2016).He had been hacking many local sites and organizational sites from the age of 14. He had disagreed to the accusations when he was accused of the hacking the government sites before. He used his laptop for causing chaos in Iraq, Thailand, and China. He targeted the foreign ministers of Iraq, Agriculture Minister of Thailand and Security minister of China with the threat messages. He was also responsible for crashing computers at Taiji, Japan and launching a cyber attack at the Sea World Park of Florida (Ruan, K. (2013). All these accusations were denied by the accused using the legal challenge of new offense to cyber crime. He even sent bomb hoaxes to Delta Airlines, American Airlines, and White House. However, the Plymouth Youth Court denied sentencing him to jail. He was just sent to the Custodial Services. Even the FBI deemed the threats issued by the teenager as non-credible. Celebrity hacker receives leniency in punishment for hacking A renowned hacker from the Portland acknowledged that he had hacked hundreds of Google and Apple accounts. He stole the personal photos and information of many celebrities form the hacked account. Andrew Helton had been pleaded accused of hacking charge in the federal court of law. However, due to the constitutional challenges of cyber crime in the court of law, he was provided leniency in punishment of this offensive cyber crime (optechnews.com, 2016). The criminal lawyer rose the point of national cyber crime and stated that his client had not done any crime that could lead to national security. Neither had he done any financial drain of resources from anyone Elmaghraby Losavio, 2014). Hence, he was merely punished with 6 months imprisonment and a fine of just 3000$ for his cyber crime activity. Filipino man ran $9m global credit cards using cybercrime A man from Filipino was alleged for running over credit cards of worth $9million from all over the globe. The person was recognized as Angelo Virtucio, a resident of Quezon City in the Philippines. He has purchased the stolen debit cards and credit cards and encoded new cards with the stolen data. The theft was possible because of the increased use of Information and Communication Technology (Evans, 2016). The legal challenge is due to the increased use of the information and communication technology. He used the information of the debit and credit cards for making new cards and did transactions of approx $9 million for the theft information. Due to the legislation challenges to the law prohibiting strict punishment to cyber criminals, the man was just fined a sum of money. Conclusion It is concluded from the report that constitution faces various types of challenges that provide criminal the advantage over prosecution. Investigating and prosecuting cases of cybercrime involves number of disputes for law enforcement agencies. It is not only necessary to educate the people about cybercrime, but it is very much important to implement effective and proper legislation. New type of offenses are not analyzed and developed by the lawmakers. The court cannot prosecute a criminal based on such provisions that are not under the constitutional law. Therefore, it is very much important to implement proper legislation against the various challenges that the constitution is facing. References Choucri, N., Madnick, S. E., Ferwerda, J. (2014). Institutional Foundations for Cyber Security: Current Responses and New Challenges. Clough, J. (2014). A world of difference: The Budapest convention on Cybercrime and the challenges of Harmonisation. Elmaghraby, A. S., Losavio, M. M. (2014). Cyber security challenges in Smart Cities: Safety, security and privacy.Journal of advanced research,5(4), 491-497. Evans, M. (2016).Teenager who hacked governments worldwide is spared jail.. Retrieved 28 July 2016, from https://www.telegraph.co.uk/news/2016/07/20/teenage-hacker/ Fidler, D. P., Pregent, R., Vandurme, A. (2016). NATO, Cyber Defense, and International Law.Journal of International and Comparative Law,4(1), 1. Gray, D. C., Citron, D. K., Rinehart, L. C. (2013). Fighting Cyber-Crime After United States v. Jones.Journal of Criminal Law and Criminology,103(3). Haase, A. (2015, November). Harmonizing substantive cybercrime law through European union directive 2013/40/EU From European legislation to international model law?. InAnti-Cybercrime (ICACC), 2015 First International Conference on(pp. 1-6). IEEE. Hazelwood, S. D., Koon-Magnin, S. (2013). Cyber stalking and cyber harassment legislation in the United States: A qualitative analysis.International Journal of Cyber Criminology,7(2), 155. Jones, D., Choo, K. K. R. (2014). Should There Be a New Body of Law for Cyber Space?.Jones D and Choo KK R. NJ.com.,. (2016).Filipino man admits running $9M global credit card cybercrime ring. Retrieved 28 July 2016, from https://www.nj.com/news/index.ssf/2016/07/filipino_man_admits_to_running_9m_crime_ring_using.html optechnews.com,. (2016).Celebrity Hacker Gets Six Months in Prison. Retrieved 28 July 2016, from https://www.toptechnews.com/article/index.php?story_id=113003J9R6CC Randhawa, G. S., Singh, D. J. (2016). Analysis of Challenges Faced by Indian Prosecution System.International Journal,1. Ruan, K. (2013). Cybercrime and Cloud Forensics: Applications for Investigation. Yar, M. (2013).Cybercrime and society. Sage.