Prosecution Of Cybercrimes Research Articles

Tweets and Reactions: Revealing the Geographies of Cybercrime Perpetrators and the North-South Divide.

How do tweets reflect the long-standing disparities between the northern and southern regions of Nigeria? This study presents a qualitative analysis of Twitter users' responses (n = 101,518) to the tweets of the Economic and Financial Crimes Commission (EFCC) regarding the production and prosecution of cybercrime. The article uses postcolonial perspectives to shed light on the legacies of British colonial efforts in Nigeria, such as the amalgamation of the northern and southern protectorates in 1914. The results revealed significant discrepancies between Nigeria's northern and southern regions regarding cybercriminal arrest, conviction, and sentencing. Specifically, the results showed that the EFCC's criminalization of Southerners differs substantially from that of Northerners. The contemporary manifestation of inequalities concerning the production and prosecution of cybercrime on Twitter reflects long-standing contestations (e.g., economic, political, cultural, geological) between the northern and southern parts of Nigerian society. Therefore, since the North-South divide in present-day Nigeria originated from British colonization, colonialism is the base that shaped the superstructure comprising political, religious, historical, geological (e.g., crude oil), and economic factors. In turn, the article spotlights that regional differences in educational attainment, originating from differing experiences of Christianization and colonization, interact with regional disparities in the production of cybercrime. More research is required to better understand how these contextual disparities in society interact with the production and prosecution of cybercrime, given that Nigerian cybercriminals defraud victims all over the world.

The prosecution of cybercrime – why transnational and extraterritorial jurisdiction should be resisted

ABSTRACT Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been increased recourse to transnational and extraterritorial jurisdiction. This is misplaced. There are a number of factors militating against it. The foundations of international law, human rights, the interests of justice, complexity and cost and the underlying purposes of criminalisation conspire to demand a reconsideration of the use of transnational and extraterritorial jurisdiction in the fight against cybercrime. While there are undoubted difficulties attendant to the alternative, enhanced subjective territorial regulation and enforcement, it is undoubtedly the most effective long-term means of fighting cybercrime. The normalisation of transnational and extraterritorial cybercrime jurisdiction should be resisted.

Shariah Assessment Toward the Prosecution of Cybercrime in Indonesia

This research aims to uncover how Islamic criminal acts towards social media crimes. This study also elaborates on how Islam assesses Indonesian criminal prosecution against social media crimes. The approach used is a juridical normative to assess the criminal law system in force in Indonesia with the Islamic criminal perspective as grand theory. The results found that crime through social media was adapted with the crime in Islamic law namely Hudūd, qisas diyat and tazir. This research also found that the Indonesian legal system provides legal rewards for perpetrators of crimes through social media charged with the Information and Electronic Transactions (ITE) Law still needs to be expanded. Crimes through social media most often threatened by the ITE Law are insults to the government or symbols of the state, threatening and defamation of others, insults to others and violating SARA (ethnicity, religion, race and intergroup). Cybercrimes related to adultery, alcoholism and terrorism must be considered because they are a serious threat. Prison penalties and fines that are most often sentenced to perpetrators of social media crimes include part of criminal tazir which is following Islamic criminal law.

Cyber Security and Management

1. To make a secure cyber ecosystem in India, generate an ample amount of trust in IT systems and transactions in cyberspace and thereby enhance the adoption of IT in all sectors of the economy. 2. To create a convincing framework for developing security policies and enabling actions to abidance to global security standards. 3) To build up the Regulatory framework to ensure a Secure Cyberspace ecosystem. 4) To enhance and create National and Sectoral level mechanisms to obtain strategic policy regarding threats to ICT infrastructure. 5) To enhance the protection of the Nation's critical information infrastructure by operating a National Critical Information Infrastructure Protection Centre and mandating security practices related to the design, accession, evolution, use and operation of information resources. 6) For the growth of suitable indigenous security technologies, solution-oriented research, proof of concept, pilot development, transition, diffusion. 7) To develop the range of the integrity of ICT products and services by establishing infrastructure for testing & validating the security of such products. 8) Create a workspace for 500,000 professionals skilled in cyber security in India within 5years 9) To provide monetary benefits to businesses to adopt standard security practices. 10) To enable security of information while during the process, storage & transit to safeguard the privacy of citizen's data and for reducing financial losses due to cybercrime. 11) To create adequate safety, investigation and prosecution of cybercrime and development of law enforcement capabilities through appropriate legislative intervention.

Cryptocurrencies as facilitators of cybercrime

The aim of the article is to show cryptocurrencies as facilitators of crime, especially cybercrime. While investing in cryptocurrencies is publicly discussed, their role in the criminal world is more hidden from the public, however, causes a lot of problems for law enforcement and regulatory authorities around the world. Criminals are interested in cryptocurrencies as targets for of their attacks, means of payment and as a method of money laundering. In this article, we discuss why cryptocurrencies have become a means of payment for the criminal underworld, what benefits they have from them, and what major challenges law enforcement is facing in that regard. The survey was conducted based on reports from authorities involved in the prosecution of cybercrime. We can conclude that the organized criminal underworld has a strong interest in cryptocurrencies and their popularity among ordinary, honest citizens, as in this way it is much easier for the criminals to conceal their activities and the origin of their assets.

Cybercrime and Digital Forensics: Bridging the gap in Legislation, Investigation and Prosecution of Cybercrime in Nigeria

The advancement of Information and Communication Technologies (ICT) opens new avenues and ways for cybercriminals to commit crime. The primary goal of this paper is to raise awareness regarding gaps that exist with regards to Nigeria’s capabilities to adequately legislate, investigate and prosecute cases of cybercrimes. The major source of cybercrime legislation in Nigeria is an act of the National Assembly which is majorly a symbolic legislation rather than a full and active legislation. In perusing these avenues of inquiry, the authors seek to identify systemic impediments which hinder law enforcement agencies, prosecutors, and investigators from properly carrying out their duties as expected.

Cybercrime and Digital Forensics: Bridging the gap in Legislation, Investigation and Prosecution of Cybercrime in Nigeria

Cybercrime and Digital Forensics: Bridging the gap in Legislation, Investigation and Prosecution of Cybercrime in Nigeria

A Multi-level Evidence-based Cyber Crime Prosecution Information System

This research work was designed to utilize multi-level cyber crime detection and control system to provide enhanced real-time evidence to cyber crime investigators to aid them in prosecuting cyber criminals. The design was based on a robust system combining user-identity, device identity, geographical location and user activities to provide evidences to uniquely identify a cyber user and detect crimes committed. The system captures the user’s facial image and biometric finger print as mandatory login parameters in addition to username and password before granting access. The system was tested and implemented in a real time cyber security website www.ganamos.org. The results showed that it is possible to divulge the identity of cyber users and associate their activities with the devices they use, the date, time and location of operation. These can provide real-time evidences to law enforcement agencies to track down and prosecute cyber criminals.

Role Played by Police Authorities in Prosecution of Offences under the Information Technology Act A Need for Reform

With the increasing use of computers and Internet, communication has become faster, commerce has become easier and more accessible, and governance is now more transparent and reaches the grass roots. While this is the brighter side of the electronic advancement of computer technologies, there is also a darker side of the problem, which is that of crimes of such nature being committed through the cyber zone that its implications in the society do not leave even a child using the Internet untouched. Nowadays, nearly everyone uses electronic devices every day which is a potential tool, subject or victim of cyber crime. Children are taught computer basics as early as kindergarten and public libraries allow people free access. The result is that cyber criminals no longer need a Ph.D. While, in the past, a typical cyber criminal was a gifted programmer, today it could be anyone. Once a cyber crime occurs and a report is made the biggest question comes before the prosecutors is the prosecution of cyber offences. The criminals in the cyber world are not like street criminals, these are professionally educated white collar criminals. This raises the big issue of prosecution of cyber criminals and the issue is further aggravated by the fact that Indian Law Enforcement Agencies do not have appropriate orientation in the direction of Detection, Investigation and Prosecution of Cyber Crimes. The Indian Law Enforcement Agencies do not have the appropriate quantum of well-trained personnel in this regard. Most of the prosecuting officials are not aware of the technicalities of the computers as collection of evidence in cases of cyber crimes require skill of exceptional quality and only a specialized person can collect evidence in such cases. The Indian evidence Act is also amended with commencement of IT Act 2000, but admissibility of evidence or special kind of evidence for cyber offences are not prescribed which leaves the prosecuting authorities pathless as they don’t know to move into which direction or to collect what evidence helpful for the trial of offences. The present paper is based on a sociolegal study conducted in the city of Nagpur by collecting empirical data from various Police Stations at Nagpur and the analysis of the same depicts alarming results, for e.g., unawareness about cyber crimes, evidentiary issues involved in cyber crimes, un-organization of cyber cafes, etc. The paper would suggest some measures to have an effective team for prosecution of cyber crimes.

Comment: Some Remarks on Ethiopia’s New Cybercrime Legislation

Ethiopia has been enacting various pieces of legislation, since recently, to regulate some aspects of the digital environment. The Cybercrime Proclamation of 2016 (Computer Crime Proclamation No.958/2016) is the most recent addition to the legal regime that criminalizes a range of cybercrimes. It has also introduced a number of novel evidentiary and procedural rules that will assist in the investigation and prosecution of cybercrimes. The law has, however, attracted criticisms from various corners mainly owing to some of its human rights unfriendly provisions. This piece provides brief comments on the cybercrime legislation and highlights some of the challenges that lie ahead in the course of implementing the law. Key terms Cybercrime, computer crime, the right to privacy, illegal online content, procedural justice, Ethiopia

A proposal for curriculum development of educating and training Brazilian police officers in digital forensics investigation and cybercrime prosecution

The internet and computer systems are infested by cybercrimes. Like any other crime, it needs investigations and analysis to prosecute the criminal. It is against this backdrop that it is important to have educated and trained staff not only to fight cybercrimes but to comprehensively investigate them objectively for the purpose of prosecution. This article presents a proposal for the curriculum development, education, training and certified qualification of Brazilian police officers for preparing them to be as knowledgeable, reliable, efficient and effective as possible. The proposal presents two types of training and qualification: police officers as first responders who are likely to encounter cybercrime activities and police officers as cybercrime investigators and analyst as highly skilled world class investigator specialists. To meet this target, the proposal after presenting the background concepts and requirements presents, the syllabus and laboratory practical sessions for each level of training to evolve specialist investigators.

A proposal for curriculum development of educating and training Brazilian police officers in digital forensics investigation and cybercrime prosecution

The internet and computer systems are infested by cybercrimes. Like any other crime, it needs investigations and analysis to prosecute the criminal. It is against this backdrop that it is important to have educated and trained staff not only to fight cybercrimes but to comprehensively investigate them objectively for the purpose of prosecution. This article presents a proposal for the curriculum development, education, training and certified qualification of Brazilian police officers for preparing them to be as knowledgeable, reliable, efficient and effective as possible. The proposal presents two types of training and qualification: police officers as first responders who are likely to encounter cybercrime activities and police officers as cybercrime investigators and analyst as highly skilled world class investigator specialists. To meet this target, the proposal after presenting the background concepts and requirements presents, the syllabus and laboratory practical sessions for each level of training to evolve specialist investigators.

Ethiopia's new cybercrime legislation: Some reflections

Ethiopia has been enacting various pieces of legislation to regulate some aspects of the digital environment. The cybercrime proclamation of 2016 is the most recent addition to the statute book that criminalizes a range of cybercrimes. It has also introduced a number of novel evidentiary and procedural rules that will assist in the investigation and prosecution of cybercrimes. The law has, however, attracted criticisms from various corners mainly owing to some of its human rights unfriendly provisions. This comment provides brief analysis of the cybercrime legislation and highlights some of the challenges that lie ahead in the course of putting the law into practice.

Developments in cybercrime law and practice in Ethiopia

With increasing access to information and communication technologies such as the Internet, Ethiopia has recently taken responsive legislative measures. One such legislative measure is enactment of cybercrime rules as part of the Criminal Code of 2004. These rules penalize three items of computer crimes namely hacking, dissemination of malware and denial of service attacks. The cybercrime rules are however slightly outdated due to changes that have occurred in the field of cybercrime since the enactment of the Code. The surge of new varieties of cybercrimes previously uncovered under the Code and the need to legislate tailored evidentiary and procedural rules for investigation and prosecution of cybercrimes have recently prompted the Ethiopian government to draft modern and comprehensive cybercrime legislation, but the draft law still needs further work on cybercrimes in light of other major legislative developments at regional and national levels. This article closely examines major developments in cybercrime law and practice in Ethiopia since the enactment of the first set of cybercrime rules and proffers recommendations towards a unified cybercrime regime.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

A new hybrid module for skin detector using fuzzy inference system structure and explicit rules

Skin detection is a popular image processing technique that has been applied in many areas such as video-surveillance, cyber-crime prosecution and face detection. It is also considered as one of the challenging problems in image processing. Despite being a well known technique to detect human appearance within image, it faces a fundamental problem when using colour as cue to detect skin. It is difficult to detect skin when the colour between the skin and the non skin within an image is similar. Therefore in this paper, a new hybrid module between explicit rules and fuzzy inference system structure, based on RGB colour space, is proposed to improve skin detection performance. Using the new hybrid module, we managed to increase the classification reliability when discriminating human skin. The new proposed skin detector depends on subtractive clustering technique, created and trained with training set of skin and non-skin pixels. The proposed system is tested on human images having upright frontal skin with any background. Our proposed system has achieved high detection rates of 87% classification and low false positives when compared with the existing methods. Key words:

Increase reliability for skin detector using backprobgation neural network and heuristic rules based on YCbCr

Skin detection is a popular image processing technique that has been applied in many areas such as video-surveillance, cyber-crime prosecution and unit-spam system. It is also considered as one of the most challenging problems in image processing. Despite being a well known technique in detecting human appearance within image, it faces several drawbacks when using colour as cue to detect skin. First, the difficulty is when the colour between skin and non skin within an image is similar. Second, the skin appearance of humans when exposed under different lighting condition adds the complexity to skin detection. Therefore, this paper proposed a new hybrid module for skin detector using backprobgation neural network and heuristic rules based on YCbCr with the purpose to improve the skin detection performance. Using the new hybrid module, the researcher managed to increase the classification reliability when discriminating human skin colour and regularize the problem when exposed to different lighting conditions. The new proposed skin detector depends on normalization technique to normalize the inputs and targets so that they fall in the interval [-1, 1] and trained with training set of skin and non-skin pixels. Using the techniques discriminates human for images having upright frontal skin with any background achieved high detection rates, scored an 88.5% classification and low false positives when comparing with the previous methods. Key words: Skin detector, backprobgation neural network, explicit rules.

Fuzzy fusion for skin detection

Complex image processing tasks rarely succeed through the application of just one methodology. The implementation of different methodologies, whose treatment of the input images is complementary, can help in the successful attainment of the system goal. The result of the complementary procedures has to be eventually fused in order for the system to improve the result of each methodology taken on its own. Computer vision systems mostly employ simple fusion strategies for this aim. This simplicity downplays the relevance of the fusion stage. The paper presents a framework for skin detection, a pre-processing task very useful in application fields like video surveillance, human–machine interface, and cyber-crime prosecution. The framework is based on the employment of the fuzzy integral, which subsumes the performance of more simple fusion operators. As it is shown herein the framework manages therefore to cope with the complexity of skin detection under changing illumination conditions. The performance evaluation of the framework is undertaken on hand of a benchmark database in the paper.