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Developments in the Global Law Enforcement of Cyber-Crime

NCJ Number
216379
Journal
Policing: An International Journal of Police Strategies & Management Volume: 29 Issue: 3 Dated: 2006 Pages: 408-433
Author(s)
Roderic Broadhurst
Date Published
2006
Length
26 pages
Annotation
This article discusses the potential for the development of effective global enforcement and security mechanisms, particularly forms of mutual legal assistance, for countering computer-related crime.
Abstract
Computer-related crime ("cyber-crime") committed through global online connections among vast numbers of computer users is often traditional crime (e.g., fraud, identity theft, and child pornography) committed through a medium that enhances the anonymity of the perpetrator and increases the number of victims. This often involves unauthorized access, damage, and disruption to computer systems on a global scale. The nature and scope of cyber-crime prevents it from being addressed through traditional policing methods. There is an urgent need to reform methods of mutual legal assistance among domestic jurisdictions and nations. Pressure for global instruments to guide this effort has been rewarded with the United Nations Transnational Organized Crime Convention, which came into force in September 2003, and the Council of Europe's Cyber-crime Convention, which came into force in July 2004. In addition, cooperative international enforcement efforts against cyber-crime are being promoted and implemented through the United Nations, Interpol, and other international institutions, as well as through bilateral and regional efforts. Although there is consensus about the significant threat of cyber-crime and agreement on the need to criminalize specific cyber-crimes at the global level, there is not sufficient agreement on how to prevent it. Computer-related commercial enterprises may be in a position to achieve more protection from cyber-crime than inadequately resourced and trained law enforcement agencies. Whether market forces and consumer demand will eventually drive the widespread development of sufficiently secure software remains to be seen. There are encouraging signs that the market is demanding a secure and trusted environment from software developers. 41 references