Comparison and Contrast of Federal and State Power over Computer Crimes - Research Paper Example

JURISDICTION Introduction In the contemporary era, the factor concerning increased level of globalization has made numerous transformations within the social structure as well as the global economy. It is evident that every business or operational sector throughout the globe has developed due to the impacts impose by the above stated factor. It is identified that people living in this modern era are experiencing wider developments in their respective daily working life. Justifiably, the living style of the people has developed with the gaining momentum of globalization. The imposition of globalization has greater level of impacts particularly on political, industrial, market structure, economic, production facilities and technological conditions (American Institute of CPAs, 2013). More specifically, amongst the aforementioned factors, the technological domain is recognized to be more significant for the overall development of business as well as industrial sectors of the world. It is strongly believed that the after the invasion of technology within the society, the global economic structure has been developed accordingly. The imposition of technology in several sectors such as educational field, banking as well as defense sectors has certainly provided more security and facilities to the respective departments. Though the technological domain is useful in offering several opportunities to the users, it possesses certain limitations that can be vulnerable for the users as well as the respective departments (National Crime Prevention Council, 2012). This technological revolution certainly imposed positive impact over the developmental aspects of transportation as well as transactional processes in huge figure of B2B and B2C businesses. However, it is apparent that technological innovation has made numerous shocks over the relevant sectors. Currently, technological innovation has raised the number of computer crimes within the globe, which has become a major concern of destruction in the global economy (ITU, 2012). With this concern, the prime intent of the research paper is to compare federal and states power over the control of technologically related computer crimes. Apart from this, proper justification would also be provided about why the federal government as well as the states should possess more control and ability to regulate along with punishes computer crimes. Compare and Contrast of Federal and State Power over Computer Crimes Computer related threats, also acknowledged as cyber crimes, are observed to get increased at an alarming rate in this present day context as compared to earlier years. More specifically, it is to be stated that people living in modern era are more vulnerable as well as familiar with the concept of cyber crime. Often, cyber crimes involve the practice of hacking in the digitalized arena. It is noted that cyber crime is similar to traditional internet crime, which mainly indicates internet frauds (National Crime Prevention Council, 2012). It is worth mentioning that the rate of cyber crime has increased in a gradual manner in this contemporary world. As per the current scenario, criminals highly rely upon advanced technologies as well as internet devices for conducting numerous cyber related crimes. Through internet medium, varied critical practices including illicit trading in drugs as well as sex trafficking are usually practiced. Moreover, a few sections of the people regard internet as a key instrument for performing majority of online as well as offline criminal activities. As per the report published by Federal Bureau of Investigation (FBI) of the US, computer crimes are denoted to be the most vulnerable threats that raise the question of security as well as stability (Finklea & Theohary, 2015). It is evident that with rapid advancements in using innovative technologies in various sectors, the rate of computer crimes has increased at large. In terms of introducing rules along and legislations for keeping greater control over computer crimes, the law enforcement agencies belonging to the US made enormous transformations in the process that imposed significant impact on the above stated context. In the year 1980, the US based law and enforcement agencies have realized about having deficiencies in introducing appropriate rules regulation with regards to fight against emerging computer crimes within the states. As per the federal government of the US, several provisions have been established for controlling the rising level of cyber crimes (Jarrett & Bailie, 2014). In the year 1984, the Congress introduced Comprehensive Crime Control Act for addressing unauthorized access along with prohibiting unlawful use of computers as well as computer networks. As per the provisions instructed in the aforementioned Act, necessary amendments have been made in the new rules under the existing criminal laws. After the establishment of such provisions, the federal government is able to investigate about several impacts of cyber crime and also evaluate several issues pertaining to computer crime. By performing this investigation, the federal law and enforcement team has determined to revise criminal legislations as per identifying the risks relating to cyber crime. In this regard, the White House as well as the Senate in the year 1985 had introduced potential computer crime bills for controlling several kinds of criminal issues relating to computer crimes (Jarrett & Bailie, 2014). Specially mentioning, with the introduction of Computer Fraud and Abuse Act (CFAA) in the year 1986, the Congress attempted to create a proper balance between federal governments’ interest in controlling cyber related criminal activities and exercising the authority of the states to punish the criminals involved in conducting such kind of offences. It is also notified that the Congress limited the power of federal jurisdiction in order to make effective control as well as punishing the criminals conducting cyber offences. It has been apparently observed that in relation to control the increased level of computer crimes, the federal government provided opportunities to the CFAA in refurbishing additional computer related Acts. Justifiably, the federal government or the Congress added several small provisions for securing the criminal activities relating to computer crimes. While exercising greater amount of power as well as control towards computer crimes, the federal government is observed to limit the conduct of such crimes by establishing small provisions of penalizing the criminals who are directly engaged with the same. It is projected that the above stated provisions have been issued by the federal government to cover the increasing extent of cyber criminal activities. More specifically, the Congress included CFAA, as a provision towards controlling trafficking as well as hacking through passwords or else similar objects (Federal Bureau of Investigation, n.d.). On the other hand, it can be found that the state’s power of controlling cyber crimes has imposed few more rules along with regulations in order to prevent the offences made against the use of computers. As per the state government, the users or the individuals who get involved in performing the offences of cyber crime are often regarded as “hackers”. Though the different states have introduced small number of legislations in relation to common hacking such as unauthorized access email or computer access, the control level of the same is deemed to be quite minimal. This might be owing to the reason of shortage in effectively monitoring the aforesaid process. As per the Florida State law, the provision of cyber crime has used the term ‘offense against computer users.’ This term indicates the conduct of computer crimes relating to criminal offences that are mostly associated with unauthorized access of computers, computer systems as well as computer networks. In this regard, the Florida state government has imposed few rules in relation to prevent the rate of cyber crimes to the maximum probable extent. Specially mentioning, authorization or authorized permission given by the owners of the respective computer devices as well as networks is recognized to be one the defensive approaches of the states towards controlling computer crimes (Federal Bureau of Investigation, n.d.). The Reasons for Federal Government to Have Too Much Control over Computer Crimes It has been earlier mentioned that rapid advancements in innovative technologies have certainly brought widespread revolutions within varied nations throughout the globe. Moreover, it can be found that with greater developments in Information and Communication Technology (ICT) segment, the communication process has become much easier. Currently, a huge figure of internet and mobile phones users are available within the globe. It is evident that by the increasing rate of mobile and digital devices, the threats related to cyber crime have also been augmented at large. Thus, it is clear that the people who are regarded as the prime users of cyber or computer devices have become more technologically sound as compared to the previous years. The speedy technological advancements have certainly made the respective works more error free. Though the imposition of technologies has made the works error free, it also increased the threats related to several cyber crimes. It can be apparently noted from the previous few years that the landscape of global cyber crime has dramatically changed (May, 2004). With regards to the above context, it is evident that the modern day criminals have become technically sound, as they tend to use varied technological devices more than any other available instrument for the conduct of criminal activities. By taking into concern the recent prevailing business or operational scenario, the criminals are becoming much concern about the use of computers for performing criminal offences. With this concern, the activities including spam emails, malware as well as hacking in the corporate sites are becoming the major concern for the government of any country. Thus, the increased level of the above stated practices have certainly made the federal as well as state government to exercise much power and control over the conduct of computer crimes in this present day context as compared to the earlier years (May, 2004). Specially mentioning, through the conduct of several surveys, it can be apparently observed that by the year 2010, the federal government has improved varied law provisions and also modified different prevention Acts for controlling the gaining momentum of computer crimes. From the surveys, it was found after the year 2010, the political authority or the Federal government has become much concerned about introducing new legislations, as the cyber crime has penetrated into the global cyber space in an immense manner. Therefore, with this concern, there lay number of reasons for which too much control of the federal government over the conduct of computer related crimes is eminent. Thus, based on the above discussed aspect, the federal government has become more authoritarian after the attacks made by digital espionage over the computer networks in Lockheed Martin as well as NASA in the US (KPMG International Cooperative, 2011). By the review of several research reports that focused on controlling computer crimes, it can be ascertained that the increasing level of such crimes certainly created huge barriers in the development paths of the community members and also the nations wherein they belong to. More specifically, it must be mentioned that from the year 2010, the amount of global spam rate has raised by 1.4 % on yearly basis. Apart from the above discussed aspect, in the year 2010, the average rate of malware in email traffic remained same, which amounted 1 out of 284 emails. Moreover, it is also found that the average number of blocked malicious websites has increased from 2465 to 3188 per day from the years 2009 to 2010. Therefore, the incasing rate of cyber crime has drawn huge attention of the federal government towards the control or the prevention of criminal offences (Chung, Chen, Chang & Chou, 2004). After the introduction of relevant legislations by the federal government relating to the control of computer crimes, it can be ascertained that the federal government is recognized to remain much efficient in reducing cyber criminal activities from the country. It is worth mentioning that as per the recent scenario, the major attacks performed over the computer devices of a specific business organization have become more common in terms of modern culture. This can be justified with reference to the fact that in the year 2010, a worm Stuxnet made an attack over the computer devices, hampering the overall operations at large. Due to the emergence of this worm and considering its potential adverse impacts, the industrial areas are getting affected by a considerable extent. In precise, it can be affirmed that after the attacks, the industrial control areas are getting infected and also providing the users with false machinery instructions. This activity is subsequently regarded as most important for performing huge figure of nuclear malfunctions as well as tends to bring down the operations in reaction to gas pipelines. This attack does not get limited to national level, rather it imposes significant impact on the international level as well (Finklea & Theohary, 2015). After the attacks make my viruses in several computer appliances, it can be found that cyber criminals are not limiting their criminal activities into the respective computer devices. However, as per the recent scenario, the cyber criminals are also taking attempt to reach beyond the computer devices by accessing distinct sorts of mobile handled devices. For instance, smart phones, tablets along with personal computers are also getting affected by the cyber attacks. However, it is expected that the federal government would decide to pay more attention in preventing the increasing rate of cyber crime for reaping several significant benefits. These benefits could be measured in the form of ensuring safety along with stability for the community members, promoting innovation and making better use of advanced technologies among others (National Crime Prevention Council, 2012). Reasons for the States to Have More Control and Ability to Regulate and Punish Computer Crimes By taking into concern the current scenario, the federal government has witnessed the increasing rate of conducting cyber crimes within different states. It is worth mentioning that the increasing rate of criminal activities as well as attacks in relation to cyber crime has expanded over several departments of the US. It is also observed that cyber crime has made an impact over the economic development of the nation at large. Specially mentioning, as per the viewpoints of the American people, cyber crime is recognized to be a vital barrier in the development of world economy as well as the development of the communities of the US. It is to be affirmed in this context that after the imposition of laws against the conduct of cyber crimes by the federal government, the rate of such practices has not been reduced as per the desired level. Thus, it is evident that cyber crime also influences the state laws accordingly and is able to reach within numerous departments irrespective of statues level (May, 2004). The federal states are also identified to pay utmost attention on preventing the terror attacks as well as other major global computer crimes that are happening within the entire nation. Though the federal laws as well as initiatives incorporate number of rules as well as legislations, however, as per the recent scenario, number of states is getting engaged into developing statues as well as programs for controlling the crucial concern of cyber crime. It has been apparently found that the policy making against cyber crime as well as controlling the same is regarded as a key apprehension for the states policy makers, as this becomes mandatory for CFAA to consider for preventing cyber threats. It will be worth mentioning that from the past two decades, the federal government failed to satisfy the Congress as well as the local residents of the US in terms of preventing cyber or computer related crimes. It is ascertained that before the imposition of states law in the cyber criminal activities, the vulnerable impacts of cyber crime have augmented at large as compared to any other situation (Kshetri, 2005). It relation to the above context, as per the annual report of the year of 2006 published by the Federal Trade Commission, it can be ascertained that approximately 674,375 cases related to computers crimes took place In the US during the period of January 1, 2006 to December 31, 2006. From the evaluation of the report, it is found that amongst all the cyber crimes that have been conducted, about 36 percent of the same are related to identity theft. More specifically, the identity theft related complaints have made worsened impact over the societies prevailing within the US. As per the report analysis, it can be found that the complaint of identity theft as per 100000 populaces is recognized to be highest in the year 2006. Identifiably, the identity theft related cyber crime is becoming much common in the place of Arizona, Colorado, California, Florida, Nevada, Georgia, New York, Washington along with Texas. Apart from this, the crime relating to banking or financial sectors is noted to be much prevalent, which results in destroying the property of huge figure of people. In this regard, the complaints relating to internet as well as computer intrusion based components are coming more from a large number of states belonging to the US. More specifically, the urban areas of the US including New Jersey, Maryland, New York, California as well as Virginia are recognized to be most infected states due to the conduct of more computer crime related frauds. The governmental states of the US have become much concerned after the increasing rate of cyber crimes in the domain of financial services, industry and defense departments of the country. It is worth mentioning that the tax-refund related fraud is becoming a major concern for several people residing within the US. It can be apparently observed that in the year 2012, there are approximately 5000 false tax returns, which are generating greater level of threats to the social security of the nation. Apart from the tax return frauds, the corporate account takeover is also duly considered to be another financial theft related offence, which imposes huge level of impact over the financial structure of every company. It is also a cyber crime relating to financial fraud, resulting in imposing adverse impact over the financial banking facilities of the country. Due to this kind of fraud, several entities became scared to use the financial banking facilities within the business procedures. More specifically, the theft of financial data with trade secrets, source code, customer information and employee records are recognized to be more vital for destroying the security of the national criminal activities. This leads to the destruction or the hampering of foreign businesses as well as internal security systems of several companies (Federal Bureau of Investigation, n.d.). There lay certain reasons based on which it can be affirmed that the states possess more control as well as capability to regulate and more importantly punishing computer crimes. In this regard, one of such reasons could be ascertained as the failure of addressing along with mitigating the increased level of evidences concerning computer associated crimes. More importantly, easy access to the required services and availability of potential resources are also regarded as the other major reasons for which the fact can be supported that the states bear more control along with ability towards regulating the conduct of computer crimes as per the desired level. There exist certain special attributes that clearly explain about greater control and ability of the states to regulate as well as punish computer crimes as compared to that of the activities perform by the federal government, In this similar context, the major attributes can be reckoned as making deliberate efforts towards obtaining relevant information concerning national security relevant to computer crimes and possessing the capability towards accessing pertinent information about the stated concern. Apart from these, the other attributes could be identified as accessing toward obtaining greater value, protecting of systems towards getting damaged to vulnerable threats and forming effective communication with the responsible authorities (May, 2004). Conclusion By reviewing the study, it has been ascertained that people living within the US are expected to be the major victims of the computer related cyber criminal activities. Based on the analysis conducted, it can be found that how much the people belonging to the US are technologically sound and also regained to be vulnerable for the development of the technological devices. It is worth mentioning that the adverse impacts of cybercrime have increased over the states as well as global base. Thus, both the governmental states as well as the federal government are identified to pay utmost attention towards the development of newly amended rules for preventing the cyber related criminal activities. It has been depicted that the cyber related frauds and criminal activities are imposing major impact over the economic development of the US. From the above analysis, it is evident that there lays certain notable differences between the activities perform by the federal and the state government in controlling the conduct of computer crimes. With this concern, it is often noted that there exist potential reasons for which the states are expected to possess more control in regulating computer crimes. In this regard, one of such reasons is identified to be the failure of the federal government in regulating the conduct of computer crimes within the entire nation. Thus, in conclusion, it can be affirmed that the conduct of cyber crimes is becoming one of the crucial criminal activities, impacting several important domains including technological and societal perspectives among others within the nation. References American Institute of CPAs. (2013). The top 5 cybercrimes. Electronic Data Analysis, 1-14. Chung, W., Chen, H., Chang, W., & Chou, S. (2004). Fighting cybercrime: a review and the Taiwan experience. Decision Support Systems, pp. 1-14. Finklea, K., & Theohary, C. A. (2015). Cybercrime: conceptual issues for congress and U.S. law enforcement. Congressional Research Service, pp. 1-27. Federal Bureau of Investigation. (n.d.). Law enforcement cyber incident reporting. A Unified Message for State, Local, Tribal, and Territorial Law Enforcement, 1-2. ITU. (2012). Understanding cybercrime: phenomena, challenges and legal response. Telecommunication Development Sector, 1-280. Jarrett, H. M., & Bailie, M. W. (2014). Prosecuting computer crimes. Computer Crime and Intellectual Property Section Criminal Division,1-201. KPMG International Cooperative. (2011). Cyber crime – a growing challenge for governments. Issues Monitor,8,1-24. Kshetri, N. (2005). Pattern of global cyber war and crime: a conceptual framework. Journal of International Management, 11, 541-562. Lewis, J. A. (2002). Assessing the risks of cyber terrorism, cyber war and other cyber threats. Center for Strategic and International Studies,1-12. May, M. (2004). Federal computer crime laws. White Papers, 1-12. National Crime Prevention Council. (2012). Cybercrimes. Internet Safety, 1-5. Read More