The Problem of Cybercrime Globally - Coursework Example

Running Header: Cyber Crime Student’s Name: Instructor’s Name: Course code: Date of Submission: CYBERCRIME Abstract Cybercrime has serious implications that cut across territorial borders. With this offence, realization of new realm of illegal human activity,destabilizationof the legitimacy of applying laws based on cybercrime cases is inevitable. Laws enforcers across the globe find cybercrime quite threatening. Cybercrime subjectsa country to unprecedented challenges regarding its sovereignty and efficacy. Nonetheless,operational territorial law-enforcers may yet learn to defer to the self-regulatory methods of reducing cybercrime. Separated from doctrine tied to territorial jurisdictions, new and effective legislations will emerge, in a variety of online channels to deal with a wide range of new challenges of cybercrime that has no specific parallel in the real world. Introduction In the global stage, cybercrime is a major concern. The introduction, utilizations, and developments in information and communication technology (ICT) sectorcame with increased criminal activities (Brenner, S., 2007). The internet serves as the primary tool for conducting cybercrimes. This kind of crime is among other forms of international crime fuelledby the global revolution in ICT. By large extend, cybercrimes differ from other forms of crimes in four ways: “Easy to learn and commit; require few resources; committed in a jurisdiction without individual’s physical presence; in most cases not clearly illegal.” Based on these four reasons for difference, the unique nature of cybercrime presents high challenges to law enforcers, institutions, and lawmakers across the globe. This calls for the existence of effective supra nationaland domestic policies to monitor ICT crimes committed on cyberspace. In many cases, crimes referred to as cybercrimes by laws enforcers are just the ‘same old stuff’, except for the involvement of computer network. Criminals take advantage of computer networks to commit crimes anywhere within the globe. Existing laws and policies that govern cybercrime acts are applicable to people who use a computer to commit such crimes as well as to those who commit them without necessarily using a computer or computer network.Consequently, this form of crime is unique and existedafter the development and revolution of ICT and computer networks (Brenner, S., 2007). Explain the problem of cybercrime globally Broadly speaking, cybercrime in the global perspective refers to internet-mediated activities deemed illegal. These activities often take place through electronic networks available globally. In most cases, cybercrime is either international or transnational as there are no predeterminedcyber-borders between nations. Cybercrimes across the globe often challenge law and law enforcement efforts in line to theireffectiveness to domestic and international information communication technology. Due to poor tailoring of existing laws among many countries, dealing with cybercrime is becoming a serious issue as criminals keep conducting crimes through the available electronic media. This is because of the prior knowledge of taking advantage of the less severe punishments that come with the offence or difficulties that entail tracing international criminals. Furthermore, governments and industries in both developed and developing countriesgradually realize the colossal threats and disadvantages that come with cybercrime on economic and political security as well as public interests. However, complexity in various forms of cybercrime increases the difficulty of fight back the menace. In this case, fighting cybercrime calls for well-informed policies and laws to reduce the impacts of such a crime on economic, social, and political arenas. To be more specific, cybercrime bases its driving force on various reasons on economic benefits, power, revenge, adventure, ideology, and lust. In summary, global cybercrime is the fastest growing crime committed currently across the globe with its devastating impacts affecting millions of people every day. The effects of any given successful attack on a corporation has the possibility of causing far-reaching implications that include financial losses at the corporate level to international stock losses.It is therefore necessary to put laws and policies into place to halt any form and type of cybercrime attacks. However, criminals find haven in countries and regions with lax cybercrime policies and regulations. Comparison and contrast between laws and policies of cybercrime in Saudi Arabia and Australia Australia has several policies, laws, and amendments aimed at curbing and reducing the impacts of cybercrime within its territories. Notably, the CLAB of 2011 and the TCA of 2001 generally acknowledges the fact that cybercrime continues to be a growing menace to the Australian people and its economy. They also play a great deal in corresponding with the effectiveness and significance of communications through electronic communications as the most effective and efficient form of communication, dynamic and prolific global approach for social, economic, professional and commercial communications (Moore, R., 2005). The bill continues to offer provisions for coordinating approach to cybercrime by requiring other nations to criminalize four forms of cybercrimes that include illegal access to computer systems, computer-related offences such as forgery, content-related offences such as pornography, and infringement of copyrights. TCA section 1 has regulations on unauthorized modification of data that is likely to cause impairment, penalties for over 10 years imprisonment for absolute liability to its paragraph (1)(d) , unauthorized impairment of data held a computer disk, unauthorized access to, or modification of, restricted data, and possession or control of data with intent to commit a computer offence. On the other hand, Saudi Arabia has policies and laws aimed at curbing cybercrime and related offences. Saudi Arabia has passed laws covering cybercrime. The Shoura Council enacted provisions on illegal access, data interference, and any cyber-related crimes. Furthermore, the ACCL issued under the Council of Ministers Decision No. 79, dated 7/3/1428 H, and approved by Royal Decree No. M/17, dated 8/3/1428H. The Act was published in the Issue No (4144) of the Official Gazette (Um Al Qura) on 13/04/1428H andthe TTA issued under the Council of Ministers resolution No. (74), dated 27/05/2001, approved pursuant to the Royal Decree No. (M/12), dated 03/06/2001 play a very crucial role in combating cybercrime issues in Saudi Arabia. Comparing anti-cybercrime polices and laws between Saudi Arabia and Australia indicates great differences between the two countries. While Australian government policies on cybercrime seem more polished, effective, and international, Saudi Arabia’s policies and laws seem to contain quite some laxity with the controversy that underlie most Muslim countries. Saudi Arabia’s ACCL of 2007 lacks privacy articles, denies citizens their freedom of speech, and contains no specific procedures to investigate crimes related to cyber. Furthermore, the laws and policies do not include any clear and precise definition of cybercrime and cyber related crimes. Finally, the article also has many inconsistencies between its various articles. In fact, the law assumes that many online activities as cybercrime due to intensive dilemma in its definitions. Analyses and evaluation the effectiveness of traffic laws and policies of Saudi government and Australia government In comparison, the two countries still lag behind in enforcing laws and policies to curb cybercrimes. However, this similarity comes with different degrees and levels with Australia having fairly enforced and regulated laws that seem more effective than in the case with Saudi Arabia’s policies. The rate of cybercrimes in Australia for instance rose from 2007 and 2011 according to statistics made by Australia Bureau of Statistics (ABS). The statistics indicate that 25% of Australian population with access to ICT services reported cases of cybercrimes in 2008 and 29% did the same in the year 2011. The most notable cybercrime in Australia is the Norton cybercrime that claimed $4.6 billion per year and $1.8 billion indirect costs (ABS, 2011).The latest incidents of cybercrimes in Saudi Arabia from Stuxnet to Saudi Aramco companies prove beyond any reasonable doubt that Saudi Arabia’s policies and laws on cybercrime are not quite effective. Although Australia performed since 2008 when it appeared as world’s number one country with the highest rate of cybercrime through research conducted by software security vendor, AVG, there is still the need to polish more effective policies and laws to reduce the rate further. Likewise, Saudi Australian government seems not to be fully committed to ensure zero tolerance to cybercrimes. This is because the government lacks responsibility in the sense that there is no specific authority judged with the responsibility of formulating policies for curbing E-signature, E-commerce, copyright and IP, cyber espionage, and cyber terrorism (Wall, D.S., 2007). Conclusion In conclusion, the developments and improvement of ICT has ensured that human capacity is unfathomable. This paper proves that it is not easy to eradicate cybercrime in cyberspace. This type of crime comes with devastating impacts in the global stage. Such impacts include loss of finances, increased terrorist attacks, forging documents and messages, and identity theft. By comparing regulations for cybercrime in Australia and Saudi Arabia, the paper indicates that no legislation is effectivein eliminating crime across the globe. Undoubtedly, most Australian policies are far much effective than those of Saudi Arabia. This is evident with the prevalence of cybercrimes reported in the two countries. However, both countries still lag behind in formulating policies that will go a greater step in combating the crimes. Glossary ABS- Australia Bureau of Statistics ACCL- Anti-Cyber Crime Law TCA- The Cybercrime Act CLAB- Cybercrime Legislation Amendment Bill Annotated Bibliography Australian Bureau of Statistics. (2004). Cybercrime Statistics of 2008-2011, Canberra: Author ABS provides statistics of all cybercrimes conducted and reported in Australia. In this paper, the Bureau was useful in providing the statistics of cybercrimes committed and their implications and costs between 2008 and 2011. Brenner, S. (2007).Law in an Era of Smart Technology, Oxford: Oxford University Press This is an article presenting general information on international laws for cybercrimes at a global perspective. Moore, R. (2005). Cybercrime: Investigating High-Technology Computer Crime.Cleveland, Mississippi: Anderson Publishing This is a report commissioned by the Australian government to investigate on the impacts of cybercrime and measures aimed at reducing it. Wall, D.S. (2007).Cybercrimes: The transformation of crime in the information age, Cambridge: Polity. A report on general cybercrimes conducted across the globe. Wall describes the laxity in Saudi Arabia’s policies to curb cybercrimes. Saudi Arabia Cybercrime Law (2001) http://www.cybercrimelaw.net/Saudi_Arabia.html (23/11/2012) A public article on cybercrime laws and acts utilized in Australia. In this research paper, the article was useful in providing insights to the Saudi Arabian laws on cybercrime. Read More