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Constitutional Challenges Associated With Investigating Cybercrimes - Term Paper Example

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Technological developments especially in respect to cyberspace have been inarguably beneficial to human beings and have positively impacted on how they conduct business and how they live (Ditzion, et al., 2003). …
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Constitutional Challenges Associated With Investigating Cybercrimes
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Download file to see previous pages However, these developments have presented the world with new types of threats that can potentially compromise security, privacy, and safety of the internet users. As a result, there have emerged modern systems of law enforcement that are aimed at providing security and order and at the same time maintaining liberty and freedom in an open society. Rapid technological developments have called for intense policing of cyberspace as these developments have threatened to cyber security not just in individual countries, but has also transcended individual countries boundaries (Walden, 2005). Cyber security has been threatened by the new methods of communications and increasing freedom and anonymity in communications. There has been increasing need to balance between providing order and security in the cyberspace and maintaining freedom and liberty in the society.
Cybercrime is the term that is being in describing security challenges and threats that the cyberspace is facing in the face of rapid technological developments. In simple terms, cybercrimes are defined as any criminal acts which deal with computer networks and computers. Also, cybercrimes are defined as the criminal acts or offences which are committed against groups of individuals or individuals with a criminal intentions aimed at harming the reputation and status of the victims or to cause mental or physical harm to the victim either indirectly or directly, through the use of modern networks of telecommunications such as the mobile phones and the internet. Cybercrimes not only threatens individuals’ security, but also threatens national and international security. Issues that surround cybercrimes include copyright infringement, child grooming, financial theft, privacy, cracking, espionage, cyber terrorism and child pornography among others (Hinde, 2003). It is agreeable that cybercrimes is one of the most serious crimes that the world is facing currently as it threatens not only individuals’ security but also national and international security. The serious nature of these crimes is evident by the intense measures that have been put in place to counter them both at the national and international levels (Taylor and Morgan, 2002). There are concerted efforts among all the telecommunications players, national governments, and the international community to counter cybercrimes and the threats that such crimes present. However, whereas there is the desire to counter cyber crimes at all levels, this desire and efforts are hampered by the various challenges associated with investigation and prosecution of cybercrimes. One of the main challenges that face efforts to counter cybercrimes is constitutional challenges. In particular, constitutional challenges greatly hamper the efforts to investigate cybercrimes (Walden, 2005). In order to have a deeper understanding of how constitutional challenges affect cybercrimes investigation, this paper will seek to analyze the constitutional challenges and how they are associated with investigating cybercrimes. In the United States, just like in most countries of the world, all the laws and procedures and practices such as investigation and prosecution should be consistent with the constitutio ...Download file to see next pagesRead More
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