The
development of the Internet and the proliferation of computer technology has
created new opportunities for those who would engage in illegal activity. The
rise of technology and online communication has not only produced a dramatic
increase in the incidence of criminal activity, it has also resulted in the
emergence of what appear to be some new varieties of criminal activity. Both
the increase in the incidence of criminal activity and the possible emergence
of new varieties of criminal activity pose challenges for legal systems, as
well as for law enforcement. Cyber crime has the following characteristics-
(1)
Crossing of Jurisdictional Boundaries-Cyber
crimes transcend jurisdictional boundaries, often involving multiple victims
from different communities, states, and countries. The geographic location is
not a primary concern for perpetrators who target victims over the Internet.
Often, perpetrators travel hundreds of miles to different states and countries
to engage in sexual acts with children they met over the Internet, Many of
these cases involve local, state, federal, and international law enforcement
entities in multiple jurisdictions.
(2)
Victims not disclosing victimization-Many
victims of Internet crimes do not disclose their victimization or even realize
that they have been victims of a crime. Whereas children who experience
physical or sexual abuse may disclose the abuse to a friend, teacher, or
parent, many victims of Internet crimes remain anonymous until pictures or
image are discovered by law enforcement during an investigation. The presumed
anonymity of Internet activities often provides a false sense of security and
secrecy for both the perpetrator and the victim.
(3)
Severe Impacts- Cyber crimes are
becoming increasingly pervasive and sophisticated and have more severe economic
impacts than many conventional crimes.
(4)
Structurally Unique- Cyber crimes
are structurally unique in three main ways-they are technologically and
skill-intensive; they have a higher degree of globalization than conventional
crimes; and they are relatively new.
(5)
Vicious Circle of Cyber Crime- The
characteristics of cyber criminals, cyber crime 'victims, and law enforcement
agencies have created a vicious circle of cyber crime Law enforcement agencies
such as police forces are inexperienced with these new forms of crimes. In
fact, localized police forces in most countries aren't equipped to deal with
global nature of cyber crimes.
(6)
Rarely Reported- Cyber crimes are
also among the most unreported forms of criminality. Many victims are
unwilling to report cyber crimes because they think that going to law
enforcement won't stop an attack. According to the Computer Crime and Security
Survey, 70 percent of those not reporting cyber crimes cited negative publicity
as a reason. Difficulties related to documentation and proof further discourages
businesses from reporting cyber crimes.
(7)
Low rates of Arrest- Among reported
cyber crimes, arrest rates are very low. Arrest entails identifying the pool of
potential suspects and narrowing it down by eliminating innocents. The
structure of cyber crimes makes it difficult to identify this pool, however.
(8)
Low rate of Conviction-The
conviction of cyber crimes, which requires proof beyond reasonable doubt, is
equally complex. Difficulties related to furnishing documentation and proof to
establish that a cyber crime has been committed compound the problem.
Additionally, newness of cyber crimes presents a challenge to the court system.
Courtesy :- Legal Point Foundation
No comments:
Post a Comment