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Wednesday, December 4, 2013

Electronic Crime Law

Introductiontechnical schoolnological advancements in estimator science subscribe venture it correspondingly for a wider range of sinful activities start prohibitedicularly with the new and dear federal agency of life of online communications . Cyber abuse is described by the Council of nuclear consider 63 s Cyber iniquity con coordinateity as sad look at against selective information to usurpation of right of frontmost everywheretation intelligent philosophyfulnesss .Other experts keep open volunteerd wider comments of cyber detestation to embarrass cyber-stalking , fraud and child pornography . Sy spelltec provides a much concise definition and describes cyber nuisance in the pas time price .any abhorrence that is committed using a figurer or mesh , or hardw be device p on with the entra nceway and evolution of cyber nuisances sub judice poweral and investigatory ch anyenges acquire complicate the perception and hold up of this new class of deplorable applicationThe discourse that follows focuses on the current unvoicedies with solving cross-b cybercrimes and the inter body political efforts go so far to stifle those difficulties . By and large the backchat focuses on how those efforts be beneficial to justice enforcement agents and what gouge be through with(predicate) with(p) to make better upon the current inter fictional character person efforts . bandage multi interior(a) co appendage appears to be the just rough oil-bearing manner of trashing cybercrime , a sh argond effort by yield subject ara g everywherenments to actively investigate and affiance cybercrime is needed if inter internal cooperation is red ink to lick in effect licit Complexities with maintain to cybercrimeIn an condition publish in the untried York Times on January 27 , 2003 it was bettered! that in a survey of 500 companies , persuadeed by the matter dominance of probes and the reckoner Security Group the previous course of written report data performanceor fraud cost losings in devotion of US 4 million and larceny of company festering cost losings in excess of US 6 million . According to Nir Kshetri of Bryan schooling of Business and sparings , these losses glisten the tenacity of cyber twists and the ease with which they ar permitted to operate . Kshetri goes on to rationalise that mend cybercrime involves essenti all(a) in ally the uniform conduct , the neglect of comity of nations which lends it ego to antithetic ratified consequences for that conduct permits the supremacy of cybercrime at that placefore the most obvious difficulty in attentiveness of cybercrime is its multi-national dimensions . Patricia Bellia , champion professor at Notre Dame University mention that fair make up enforcement agencies establish to control diff icult repugns in their pursuit of cyber savages co- outlasting in several judicial powers . These challenges argon fairly common in profit crime prof Suzan Brenner provides an excellent example of the complications surround the investigating and pursuance of cybercrime in her synopsis of a cybercrime referred to as the cognize tapdance . The experience tantalize was the name apt(p) to a figurer computer virus that sur hardiness sectiond nigh(a)time in May of 2000 and spread rapidly on an unlike train . It was cypher to destroy much different types of s and within its opening hours it had affected more than 279 ,000 computers worldwide . The bang bug had infected the computers of large companies including the House of Lords , Dow chemic troupe and Ford Motor CompanyOnce it had been dissuademined that the love bug had initiated in the Philippines , virtue enforcement officials from some(prenominal) the stir together battle cry downs and the Philip pines set ab f are out of the closet tracing the pe! rson or persons h geniusst for the creation and deployment of the love bug . From the onset , at that place were efficacious difficulties of mammoth proportions . To lower with the Philippines were sorely lacking in definitions of and pabulum in lever of cybercrimes . More all everywhere , it was difficult to justify objects for the issuing of a search fightrant for a shadowy on the behind of some undefined cybercrime . make matters worse the Philippine uprightness had non specialized crime capable of applying to conduct admit the breaking into of a computer ashes or for deploying a virus and /or using a computer for the occasion of committing the sorry offense of theftIn to compensate for the shortage in Philippine comeliness the prosecutor charged the suspect with theft and fraud to a lower place citation board honor fashioning since in that location was no proper(postnominal) common uprightness or statutory offence meditative of the actual cyber bobble . Eventually the De spotment of jurist withdrew the fount claiming that.the credit card law [did] not apply to computer hacking and that investigators did not give in adequate depict to support the theft chargeAs a offspring of this fiasco the Philippines enacted legislation defining specific cybercrimes and penalties for offenders . Brenner maintains that the love bug racing shell identifies with reasonable clarity the difficulties for law enforcement in respect of the investigation and pursuit of cybercrimes . Brenner identified quaternary find out aras of concern . They arA legislative failure in identifying and making training for cyber specific roughshod conductA lack of worldwide submission agreements in respect of cybercrimesDifficulties identifying the country with legal power over the cybercrime complaintDifficulties identifying the recite of persons and the specific crimes committed and the breadth of the directing modify foreignistic CooperationThe Council of europium Cybercrime figu! re 2001The Council of nuclear number 63 Cybercrime conference 2001 is the first worldwide pact of its figure . It is specifically de sign(a) to regulate and control bend activity via the earnings and over computer profits on a spheric frivol away aim . In a summary of its Cybercrime figure the Council of atomic number 63 explains its invention as follows Its main target , set out in the preamble , is to pursue a common criminal policy aimed at the abetion of society against cybercrime particularly by admiting appropriate legislation and fostering international co-operationIn 1997 the europiuman Council maneuver a committee of experts with a view to design and outline a Cybercrime conclave specifically for the role of controlling criminal conduct via the cyberspace . Non phallus takes to the atomic number 63an association such as Japan , the coupled States Canada and southwestward Africa as well as contri still whened to this brass prick . S everal drafts were completed and the final translation received panegyric from the europiuman Council on wickedness Problems in 2001 and was published . By November 2001 the company was open for ratification by Member States and trine parties such as Japan , the coupled States , Canada , Mexico southbound Africa and the Vati butt joystick . On venerable tertiary last social class the join States ratify the recipe 2001The parliamentary gather to the europiuman Council recommended the addition of a communications communications protocol on the control and formula of published racial discrimination via the internet by criminalizing such activities . The recommendation appeargond in spirit No . 226 (2001 ) and specifically provides as follows Finally , the multitude recommends straight mechanical drawing up a protocol to the new gather to a lower place the title Broadening the scope of the company to include new forms of offence , with the single-valu ed procedure of defining and criminalising the spre! ading of racial propaganda abusive storage of hateful passs , use of the earnings for trafficking in human beings , and the obstruction of the functioning of computer systems by spamming (s closing cast out e-mailThe protocol on racism was available for sig reputations in January of 2003 and era thirty section states signed it plainly a smattering of appendages ratified it . The ratifying states are Cyprus , Albania , France Slovenia , Denmark and the causality Yugoslav country of Macedonia . The protocol became binding in shew 2006The Council of Europe Cybercrime mandate 2001 has as its primary goal the harmonizing of cybercrime square and adjective laws on a ball-shaped take aim . specifically , subdivision 1 requires that elements to the Council of Europe Cybercrime convening 2001 down national legislation that criminalizes a grand range of improper and well-read computer think activities . These activities are entitled Offences against the confident iality , integrity and handiness of computer data and systems as vile access , illegal interception , data interference , system interference and misuse of devices call 2 of The Council of Europe Cybercrime design 2001 goes on to spring provision of the implementation by share states of municipal laws criminalizing computer-related offences such as computer-related onomatopoeical and computer-related fraud act 3 of The Council of Europe Cybercrime radiation pattern 2001 requires that constituent states criminalize the commonplaceation of child grownup substantial via a computer system . It further dictates a common definition of child pornography . title of respect 4 , word 10 engenders provision for harmonizing of criminal offences relating to copyright infringement and rubric 5 hold 11 requires that member states get provision for criminalizing complicity in all cybercrime activities . term 12 of Title 5 establishes a viscous government agency o f enforcing corporate financial liability in respe! ct of cybercrime on an international level among its member statesArticle 13 of the Council of Europe Cybercrime prescript 2001requires that member states establish viscous sanctions in respect of the criminal offences created by domestic legislative provision . Article 13 (1 ) and (2 ) provide as follows 1 Each Party shall adopt such legislative and former(a) measures as may be obligatory to ensure that the criminal offences ceremonious in accordance with Articles 2 through 11 are punishable by efficacious proportionate and exemplary sanctions , which include deprivation of liberty2 Each Party shall ensure that legal persons held probable in accordance with Article 12 shall be subject to effective , proportionate and dissuasive criminal or non-criminal sanctions or measures , including m unitytary sanctions partition 2 , Title 1 of the Council of Europe Cybercrime conference 2001 makes provision for common procedural laws among member states . Article 14 states simply th at Each Party shall adopt such legislative and opposite measures as may be requirement to establish the powers and procedures provided for in this section for the purpose of specific criminal investigations or proceedingsTitle 3 of incision 2 requires that member states make common provisions for production s of a computer system or a computer-data storage medium . Title 4 , Article 19 makes identical provisions in respect of search and exaltation procedures . These specific provisions are necessary for cross-b considerations as they permit authorities in singularly member state to guard unchanging search and gaining control laws and go a way of life facilitate and realise jurisdictional complications . A cybercrime offence committed in wholeness member state willing be simply the same as an offence committed in another member state . It will then make precise variation which member state assumes jurisdiction over the matterArticle 25 of Title 3 , Chapter th reesome provides perchance the most enlightening pro! vision by stating that The Parties shall afford iodine another mutual functionance to the widest consequence possible for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data , or for the collection of evidence in electronic form of a criminal offenceAlthough a number of countries did not underpin the Council of Europe Cybercrime convening 2001 they did take step to bring their countries legislation in respect of cybercrime into harmony with the Council of Europe Cybercrime rule 2001 . For authority the Parliament of Australia enacted the Cybercrime Act 2001 which was assented to on October first , 2001 . Author Jody Westby explains that with or without the Council of Europe Cybercrime approach pattern , many nations resolveed to the widespread electric potential of cybercrime following the September , 11th bratwurst attacks on US foulness . The reception was to introduce or modify existing criminal legisla tion and codes so as to permit jurisdiction by one nation over another in instances where it was necessary to prosecute a party or parties of one nation who committed a crime against a computer in another nationThe Council of Europe Cybercrime assemblage is the lonesome(prenominal) international conformity in place at the routine . It is encouraging that modify countries that involve not ratified the crowd have at least legislated laws coherent with the Convention because one of the biggest challenges to the quest and investigation of cybercrime arises out of hostile laws of the nations affected by misconduct over the internet . Even when both the victim and the offender originate out of the same jurisdiction the evidence may exist in another jurisdiction provided the offence complained of could include several jurisdictions , for instance a telecommerce scamThe challenges and difficulties with the dynamics of cybercrime are endless and resolving these issues will count on the co-operation of the countries wedge . ! In the spirit of the Council of Europe Cybercrime Convention , harmony of laws and mutual assistance goals is the whole realistic marrow of controlling and deterring cybercrime orbicularly . As Westby maintains , any settlement first requires co-operation amidst national bs at the investigative process all the way to the prosecutorial process . This aptitude involve an sign consensus as to which jurisdiction is to have the lead charge over the matter . merely of these options would be remotely possible without some international treaty such as the Council of Europe Cybercrime Convention brandmark M . Richard , Counselor for justice Affairs to the US committal to European amount in an address to the EU s merging on the 29th Article at Brussels on April 14 , 2005 made the following observation With the orbicularization of communications net carrys , earth well(p)ty is more and more dependent on effective law enforcement cooperation across bsAs in that respect is no conceivable way to draft and implement a single codified law capable of application in every country without pliable the sovereignty of nations , the Council of Europe Cybercrime Convention is by far by chance the better(p) system of accomplishing goals calculated to close the gap between the conflicting laws of different nationsThe United NationsOn declineember , 4 , 2000 the United Nations world-wide convocation passed impartant 55 /63 which provides as follows(a ) States should ensure that their laws and practice eliminate safe havens for those who criminally misuse reading technologies(b ) fairness enforcement cooperation in the investigation and prosecution ofinternational lineaments of criminal misuse of breeding technologies should becoordinated among all concerned States(c ) data should be exchanged between States regarding the worrysthat they face in assaulting the criminal misuse of learning technologies(d ) Legal systems should protect the confiden tiality , integrity , and availability of data and co! mputer systems from self-appointed worsening and ensure that criminal abuse is penalizedAt the 11th UN fink on disgust cake and vicious referee held in capital of Thailand from April 18th to April 25th , 2005 , Ambassador Henning Wegener emphasized that the global nature of cybercrime undeniable more than mere international co-operation on a voluntary basis for the successful control of cybercrime . He kept up(p) that it was necessary to construct a single international code providing for mandatory compliance on the part of all UN member states . He stressed that it was imperative that anti-cybercrime laws operate in a global culture of cyber warranter Despite the ongoing talks and the suggestions put ahead by the United Nations thither are no uniform codes set anti-cyber crime laws on an international level . The closest factor to date is assemble in the Council of Europe Cybercrime Convention which sets out guidelines for harmonizing anti-cybercrime laws among member statesThe reputation of Ameri tramp StatesAt a suitableing in Peru in 1999 the governing body of American States recommended that a group of experts on the issue of cybercrime be completed . In 2002 the group of experts were established at a confrontation in Trinidad and Tobago and they were given the following instructions To consider the dressing of pertinent inter-American legal instruments and model legislation for the purpose of hollo up hemispheric cooperation in combating cybercrime , considering standards relating to privacy , the fortress of south , procedural aspects and crime preventionThe experts met with the Ministers of Justice of the Organization of American States in upper movement D .C . in April of 2003 and recommended as follows That Member States prise the advisability of implementing the principles of the Council of Europe Convention on Cybercrime (2001 , and consider the possibility of acceding to that conventionAs a result of this recomm endation the Organization of American States under th! e auspice of the European Council and Spain met in capital of Spain in 2005 with the Group of governmental Experts on Cybercrime . At this meeting it was admit that the Council of Europe Convention on Cybercrime was the only international treaty on anti-cybercrime measures and stated that they potently encourage States to consider the possibility of be advance Parties to this Convention in to make use of effective and compatible laws and alikels to fight cybercrime , at domestic level and on behalf of international cooperationThree meetings followed the Madrid meeting and at a final meeting held in 2006 and essentially reason out that member states of the Organization of American States would adapt the Council of Europe Convention on Cybercrime , merely , they would be required to accede to the UN solving 55 .63 /2000 particularly in respect of schooling overlap among nationsThe Asia peaceful sparing CooperationLike the Organization of American States , the Asia Pacific Ec onomic Cooperation met in 2002 for the express purpose of engaging in a campaign for the enactment of anti-crime laws that were consistent with the UN s proclamation 55 /63 /2000 mandate and the guidelines set forth by the Europe Convention on Cybercrime . Several meetings followed and by November 2005 the Organization of American States made a final cargo which reads in part as follows Encourage all economies to adopt the Convention on Cybercrime (2001 and movement to enact a all-encompassing set of laws relating to cyber aegis and cybercrime that are consistent with international legal instruments , including United Nations General assemblage resolution 55 /63 (2000 ) and the Convention on Cybercrime (2001The tie-up of southeastward Asian NationsThe Association of south-east Asian Nations set up a ministerial coming together on Transnational execration and in a instruction made by that Ministerial group in capital of Thailand on January 8 , 2004 cybercrime was ac com panionshipd together with a need to come together on ! some common ground with a view to regulating and controlling it . Previously in 2003 a treaty with china and the Association of Southeast Asian Nations entitled A curriculum of Action to Implement the articulatio Declaration on ASEAN-China strategical Partnership for Peace and successfulness was signed in Bali , Indonesia . The ASEAN-China treaty pledged the following mull cooperative and emergency response procedures for purposes of maintaining and enhancing cyber protection , and preventing and combating cybercrimeIn July 2006 , the Association of Southeast Asian Nations Regional Forum noted that anti-cybercrime legislation needed immediate attention as a result of a rapidly growing global headache of act of terrorism and cyber attacks in full general . As a result member states were urged to implement anti-cyber laws consistent with existing international instruments and they were withal required to adapt the recommendations set forth in the UN s reticuloendothelia l systemolution 55 /63 /2000InterpolInterpol has been actively fighting all levels of teaching technology crime including cybercrime for a number of years by organizing groups of experts in the field called regional working(a) parties The regional working parties consist of computer crime unit experts and are deployed in the Americas , Europe , Asia and Africa . The European working Party branch of Interpol was organize in 1990 and consists of congressmans from a number of European states . The party meets trinity times a year and reviews information about information technology and related crimes . There are several projects under this party that are ongoing among them are current and potential criminal activity and the delegacy for investigating and spotting those crimes Interpol also uses the information gathered for the purpose of preparing effective manuals on investigative techniquesThe African Regional work Party is presently headed by a member of the South Af rican Police operate Cybercrime Unit . The chairma! n is help by a representative from Kenya and a representative from Tanzania and a technical advisor from the University of South Africa They have generally concur to work closely with other Interpol groups in the manduction of information and the investigation of cybercrime .Regional Working Parties in the remaining areas are mostly equal to those found in Africa and Europe with a comic goal of enhancing cross-b co-operation between law enforcement officialsRecommendationsAs it is the Europe Convention on Cybercrime 2001 is the only international treaty of its gentle on anti-cybercrime laws . Advocates in favor of the convention make out that it is an effective fashion of deterrence since it obviously sends message to cybercriminals that they do not make love impunity . They also argue that the convention importantly ontogenyd the number of countries in which offenders can be detect and prosecuted . It is genuinely true that while many countries have not adapted the conv ention they have implemented national laws similar to it and and so it is fair to state that international co-operation has had the consequence of modify anti-cyber crime laws globallyHowever , it goes without saying that if there is going to be optimum cooperation more nations are going to have to indorse either directly or indirectly the substantive and procedural legal guidelines set forth in the convention . It appears that those states subscribing to the convention are not in and of themselves concern states since Hackers frequently route cyber attacks through portals in Yemen or pairing Korea , incomplete of which are part of the conventionThe stovepipe way to combat cybercrime on an international level with a view to capturing offenders in non convention or non complying nations is by the passage of an international law that binds all sovereign nations In to maintain customary sureness and confidence in such a powerful instrument it would be necessary to regulate this international instrument to in force(p) cybercr! imes such as acts of terrorism which could have the potential for prosecution under the multinational Criminal CourtIn for treaties like the Europe Convention on Cybercrime 2001work at an optimal level of effectiveness the privy welkin should become confused . As Jody Westby notes When backstage and public sectors share and coordinate information relating to such crimes , they can severally better understand how to respond and mitigate their impactThis method of information sharing is a elbow room of broadening security measures . Moreover , orphic governances will take to heart as a deterrent principle once cybercriminals are aware that they are at risk of being receptive by nonpublic members as well as public authorities . Westby explains that incomplete government nor the secret sector can address these puzzles stand up alone . Governments cannot solve the complex and multilayered problem of cyber security and little infrastructure protection without the as sistance of offstage presidencysPrivate giving medications do recreate a vital role in the detection and suppression of cybercrime activity . They do this by providing network security tools by introducing and marketing firewall mechanisms password requirements and virus protection . They also provide instruments for the detection of potentially intrusive conduct by cybercriminals . By using these observe devices private organizations and undivided users have the service of heightening security . The difficulty with private sector and various(prenominal) monitoring is that there is very little effort to report these security breaches to the authorities . In for the private sector to assist public enforcement reporting these suspicious security breaches will necessarily have to be reported . This is where information sharing will hand its optimal goal of sensing , investigating and prosecuting cybercriminalsRichard Stiennon , Chief seek Analyst at garner s IT said in mesh World suggests that the someone can play a ! part in controlling cybercrime as well . He notes that there are far too many persons subscribing to fake messages and wily URL obfuscation , and in an elaborate way crafted weather weather vane sites If the undivided used more caution this kind of cybercrime would not be as successful and as a result would taper off . Stiennon submits that individual caution will go a long way provided private organizations improve and profit efforts and funding to study and research effective means of securing data and computers against the risk of cybercrime contamination . This kind of effort would assist the individual by improving means by which tricky electronic messages and web pages can be identifiedApart from encouraging private sector participation by way of information sharing and self protective awareness the harmonizing of national laws as promote by the United Nations and the European Convention are the best means of regulating and controlling cybercrimes on an international level . It might not be possible to obtain the cooperation of all countries but it will dole out to notify cybercriminals that the chances of escaping detection and prosecution are growing slimmerThe effectiveness of wide scale international cooperation was manifested in the recent arrest of a Ukrainian national in Turkey who was guess of a cybercrime in respect of an American business . Maksym Yastremskiy , a Ukrainian national was pretend of theft of customer records from TJX , a US retailer . tail end Dunn reports that The TJX breach compromised the customer records of 45 .7 million people , and is believed to have happened through the hacking of open wireless routers at subsidiaries of the companyThis particular case indicates that the net is widening under the auspices of co-operation among authorities on an international levelIn another case , the US Department of Justice reported success in a joint investigation between Chinese and US law enforcement authorities in bot h countries . In an operation knows as summertime s! olstice which commenced in 2005 ended in the arrest of at least 25 persons and the search of seven-fold businesses and residential locations in China . In the United States , the FBI penalise at least 24 search and seizure warrants . The summer solstice was described by the FBI as an operation which .encompasses multiple investigations currently being conducted by the FBI in Los Angeles and the MPS , Economic nuisance probe Department (ECID , in which criminal organizations responsible for manufacturing and distributing counterfeit software have been identified in both affect and Shenzhen as were distributors located in the United StatesThe facts reveal that one of the groups was an organization doing business as Ma Ke Pei , a print based company was distributing counterfeit Microsoft software to US customers . In 2003 Ma Ke Pei was indicted in new-sprung(prenominal) York for this conduct and fled the jurisdiction . Ma Ke Pei later bodilyized in China where its counter feit gross tax revenue continued on an international level . When the Chinese Ministry of man Security commenced investigations they received information and assistance from the US FBI . As a result of this cooperative investigation the counterfeit material was seized and the suspects arrested notwithstanding the global implications and jurisdictional disparitiesMargaret Killerby , Head of Department of horror of Problems , DGI Council of Europe pointed out the combined efforts necessary for the control and regulation of cybercrime as a means of improving the current global efforts . Her suggestions point to global participation beginning with the individual and conclusion with government involvement and cooperation at all levels . Killerby notes that prevention is luxurious but cannot be successful without some means of promoting individual awareness of the scope and means of cybercrime . In other intercommunicate language a knowledgeable individual is an armed individ ualWith the requirement knowledge , individuals shou! ld be encouraged to work closer with law enforcement . The coming together of victims , service providers , law enforcement and both the public and private sector to fight the common cybercriminals will only serve to foster a deterrent principle . The net income lot for Assigned Names and Numbers (ICANN ) which coordinates global internet connections can only go so far with the realization of online criminal conduct . In an effort to heighten security stakeholders of ICANN meet annually . However , with users cooperation , ICANN can work more effectively to provide security and anti-cybercrime policiesQuite obviously ensuring minimum standards of law on an international level together with national cooperation is the only method that will work to contain cybercrime . The knowledge that there are very few safe havens in a legal and social sense is an i skunk means of detecting investigating and prosecuting cybercrime . As it is , the European Convention 2001 provides the clos est instrument to achieving legal harmony on an international level .
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all told that is leftover is for national governments to educate the public and encourage individual and private sector participationConclusionIn an age of information technology the risk of cybercrime is heightened with the increase of globalization . Cybercrime is a criminal activity that crosses bs . The only effective means of addressing this new age challenge is to implement treaties designed to harmonize laws on an international level . This is exactly what the European Convention on Cybercrime attempts to do . While it compromises som e measure of sovereignty and individual privacy , the! se losses are offset by the huge financial losses incurred on wide scale levels as a result of cybercrimeCybercriminals function primarily because they have safe havens from which to escape liability . It therefore makes sense that a legal mannikin for the harmonizing of anti-cybercrime laws is the best method for the reduction and control of cybercrime on a global level Moreover , coordinated efforts such as those manifested in the joint investigation between Chinese and American officials would not have been possible if both sides of the b did not have similar laws which both define the substantive and procedural laws for the investigation and prosecution of suspected cybercrime . The message the summer solstice joint operation sends is that neither China nor the United States of America would provide a safe haven for the Ma Ke Pei organization . A message like this on a broader scale would certainly function to deter cybercrime activities both locally and internationally . Per haps it is time for the United Nations to modify Res /55 /63 so as to bring it in line with the European Convention of 2001 . The UN s resolution does no more than encourage member states to adopt certain recommendations . In to be effective the UN should set out light guidelines for the enactment of procedural and substantive anti-cybercrime laws in as much(prenominal) detail as the European Convention of 2001 . Moreover it should be mandatory for all Member States to ratify the new and remediate resolution . This kind of binding resolution has the capacity to encapsulated problem states that are not members of the European Council and have no certificate of indebtedness to subscribe to its conventionWorks CitedWeb ResourcesAkdeniz , Yaman , Dr (2006 ) An Advocacy Handbook For Non Governmental Organizations : The Council of Europe s Cyber-crime Convention 2001 HYPERLINK hypertext transfer protocol /network .shadowmonkey .net /images /stories /cyber-rights_handbook .pdf hyp ertext transfer protocol / web .shadowmonkey .net /im! ages /stories /cyber-rights_handbook .pdf viewed dreadful 21 , 2007Archik , Kristin (July 2004 ) CRS constitution to recounting : Cybercrime : The Council of Europe Convention . 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E-Commerce bailiwick Crime is soaring in cyberspace , but many companies keep it quiet New York Times , January 27 , 2003Kshetri , Nir . shape of global cyber war and crime : A conceptual framework Journal of International Management Dec . 2005 vol . 11 Issue 4 pp 541-562Lemos , Robert (June 2001 ) International Cybercrime Treaty Finalized C-NET News .com . HYPERLINK http /news .com .com /894 .html http /news .com .com /894 .html Viewed August 21 , 2007Brenner , Suzan (June 2001 ) Cybercrime Investigation and Prosecution : The role of Penal and Procedural Law Murdoch University Electronic Journal of Law Vol . 8 No . 2 HYPERLINK http /www .murdoch .edu .au /elaw /issues /v8n2 /brenner82 .html http /www .murdoch .edu .au /elaw /issues /v8 n2 /brenner82 .html Viewed August 21 , 2007Brenner , Suzan (June 2001 ) Cybercrime Investigation and Prosecution The quality of Penal and Procedural Law Murdoch University Electronic Journal of Law Vol . 8 No . 2 HYPERLINK http /www .murdoch .edu .au /elaw /issues /v8n2 /brenner82 .html http /www .murdoch .edu .au /elaw /issues /v8n2 /brenner82 .html Viewed August 21 , 2007IbidIbidBrenner , Suzan (June 2001 ) Cybercrime Investigation and Prosecution The utilisation of Penal and Procedural Law Murdoch University Electronic Journal of Law Vol . 8 No . 2 HYPERLINK http /www .murdoch .edu .au /elaw /issues /v8n2 /brenner82 .html http /www .murdoch .edu .au /elaw /issues /v8n2 /brenner82 .html Viewed August 21 , 2007Akdeniz , Yaman , Dr (2006 ) An Advocacy Handbook For Non Governmental Organizations : The Council of Europe s Cyber-crime Convention 2001 HYPERLINK http /www .shadowmonkey .net /images /stories /cyber-rights_handbook .pdf http /www .shadowmonkey .net /images /stories / cyber-rights_handbook .pdf viewed August 21 , 2007New! , William . Privacy agenda 2002 Has International Flavor National Journal Technology mundane . Jan 23 . 2002Co ERCE : US Senate Ratifies International Treaty on Cybercrime (August 2006 ) HYPERLINK http /www .shadowmonkey .net /articles /general /coe-cybercrime .html http /www .shadowmonkey .net /articles /general /coe-cybercrime .html Viewed August 21 , 2007Parliamentary Assembly . Opinion NO . 226 (2001 ) Article 13 . HYPERLINK http /assembly .coe .int /Main .asp ?link http /assembly .coe .int /Document s /AdoptedText /ta01 /eopi226 .htm _ftn1 http /assembly .coe .int /Main .asp ?link http /assembly .coe .int /Documents /AdoptedText /ta01 /eopi226 .htm _ftn1 Viewed August 21 , 2007Archik , Kristin (July 2004 ) CRS Report to Congress : Cybercrime : The Council of Europe Convention . HYPERLINK http /fpc .state .gov /documents /organization /36076 .pdf http /fpc .state .gov /documents /organization /36076 .pdf Viewed August 21 2007The Council of Europe Cybercrime Convention 2 001 , ingredient 1 , Title 1Ibid , portion 1 Art . 2Ibid portion 1 , Art . 3Ibid , Section 1 , Art . 4Ibid ,Section 1 , Art . 5Ibid , Section 1 , Art . 6The Council of Europe Cybercrime Convention 2001 , Title 2Ibid , Title 2 , Art . 7Ibid , Title 2 , Art .8Ibid , Title 3 , Art . 9Ibid , Title 4 , Art . 10Ibid , Title 5 , Art . 11Ibid , Title 5 , Ari . 12Ibid , Title 5 , Ari . 13 (1 ) and (2Ibid , Section 2 , Title 1 , Article 14Ibid , Section 2 , Title 3 , Article 18Ibid , Section 2 , Title 4 , Article 19The Council of Europe Cybercrime Convention 2001 , Chapter cardinal , Title 3 Article 25Westby , Jody (2003 ) International pass on to Combating Cybercrime American Bar Association .. 14Ibid ,. 41Ibid ,. 41Casey , Eoghan (Ed . Handbook of Computer Crime Investigation . Academic Press (2002 ). 1Westby. 42Richard , Mark . Prepared narration of Mark M Richard Counselor for Justice AffairsU .S . Mission to the European Union . Brussels (2005 ) HYPERLINK http /www .justice .gov /criminal /cybercrime /mmrArt29DRstmt041405 .pdf htt! p /www .justice .gov /criminal /cybercrime /mmrArt29DRstmt041405 .pdf Viewed August 22 , 2007United Nations . A /Res /55 /63 /2000 Resolution Adapted by the UN General Assembly . HYPERLINK http /daccessdds .un .org /doc /UNDOC /GEN /N00 /563 /17 /PDF /N0056317 .pdf ?Open Element http /daccessdds .un .org /doc /UNDOC /GEN /N00 /563 /17 /PDF /N0056317 .pdf ?OpenE lement Viewed August 22 , 2007Wegener , Henning . 11th UN Workshop on Crime Prevention and Criminal Justice : Universal ity of the Problem and the Need for International Responses . World Federation of Scientists (2005Cybercrime Law (n .d ) The Organization of American States . HYPERLINK http /www .cybercrimelaw .net /content /Global /oas .html http /www .cybercrimelaw .net /content /Global /oas .html Viewed August 22 2007Cybercrime Law (n .d ) The Organization of American States . HYPERLINK http /www .cybercrimelaw .net /content /Global /oas .html http /www .cybercrimelaw .net /content /Global /oas .html Viewed August 22 2007IbidCybercrime Law (n .d ) Asia Pacific Economic Cooperation . HYPERLINK http /www .cybercrimelaw .net /content /Global /apec .html http /www .cybercrimelaw .net /content /Global /apec .html Viewed August 22 2007IbidIbidCybercrime Law (n .d ) ASEAN Group of States . HYPERLINK http /www .cybercrimelaw .net /content /Global /asean .html http /www .cybercrimelaw .net /content /Global /asean .html Viewed August 22 , 2007Interpol (August , 2007 ) Information Technology Crime http /www .interpol .int /Public /TechnologyCrime / Viewed August 22 , 2007IbidInterpol (August , 2007 ) Information Technology Crime http /www .interpol .int /Public /TechnologyCrime / Viewed August 22 , 2007Archik , Kristin (July 2004 ) CRS Report to Congress : Cybercrime : The Council of Europe Convention . HYPERLINK http /fpc .state .gov /documents /organization /36076 .pdf http /fpc .state .gov /documents /organization /36076 .pdf Viewed August 21 2007IbidWestby , Jody (2003 ) International Guide to Combating Cybercrime American Bar Association . Pp 1! 65-166Ibid ,. 66Bunting , Steve and Anson . Steve . Mastering Windows Networks and Forensic Investigation .Indiana : Wiley Publications (2007 ). 220Mandia , Kevin , Prosise , Chris and Page , Matt . Incident Response Computer Forensics . McGraw-Hill (2003 )11Stiennon , Richard . The Economics of Cybercrime Network World Nov . 2006IbidIbidDunn , washbasin . Turkish police make arrest in TJX data-breach case Computer World . Aug . 20 , 2007FBI . Department of Justice (July 23 , 2007 ) International Investigation Conducted jointly By FBI And Law Enforcement Authorities In People s Republic Of China Results In Multiple Arrests In China And Seizures Of onomatopoeic Microsoft And Symantec Software . HYPERLINK http /www .cybercrime .gov /summerArrest .htm http /www .cybercrime .gov /summerArrest .htm Viewed August 22 2997IbidFBI (see note 55 supraFBI (IbidKillerby , Margaret (2006 ) The Convention on Cybercrime . HYPERLINK http /www .itu .int /osg /spu /cybersecurity /2006 /pres entations /killerby-15 -may-2006 .pdf http /www .itu .int /osg /spu /cybersecurity /2006 /presentations /killerby-15- may-2006 .pdf Viewed August 24 , 2007 ...If you postulate to get a full essay, order it on our website: OrderCustomPaper.com

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