LAW ENFORCEMENT CHALLENGES
LAW
Law Enforcement Challenges 2
Abstract
The computers and Internet made a revolution in our world and everyday lives. We perform almost all necessary actions like paying bills, banking, shopping, booking tickets, etc. through Internet. Our relationships and the connected with that communications are realized through Internet.
Since our life is more and more computerized, the possibility to become victims of cybercrimes as fraud, harassment, all kinds of cyber-stalking, obscenity, robbery, etc. very often, is a reality.
Together with the positive influence over today’s realities, the collateral change in accomplishment of crimes mutated which caused the Law investigating agencies to stand against new challenges. They face the necessity of new technologies, methods, equipment, highly skilled people.
First of all arose the necessity of updating the existing legislation according to the demands of present realities. The cooperation between the states raises to new levels. The latter are supposed to synchronize their efforts for better results.
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Nowadays when the cybercrimes occur so frequently as the well known for centuries conventional crimes the humanity needs, first of all, new knowledge, new methods to investigate and bring them to trial.
Most of national legislations have determined the terms cybercrime as a crime which is committed by using a computer and Internet, but since most of the crimes cross the national borders, arose the necessity of transnational legislation which will allow to join the efforts of more law enforcement agencies in the world.
The first international treaty which was signed is the Budapest Convention on Cybercrime. It was opened for Signature on Nov. 8, 2001. It was signed by eleven nations immediately after the opening then many other nations joined it by signing and ratifying it. United States joined in 2006.
The Budapest convention determines the definitions “computer system”, “computer data”, “service provider”(1) and addresses the nations to harmonize their legislations with the convention.
The greatest challenges the Law Enforcement Agencies face are the Anonymity of the intruders and the problems with the jurisdiction and statutory authorities in different states.
Comdr. Dave Pettinari mentions in his article “Cyberstalking Investigation and Prevention”(2) two challenges which impede the investigation:
First challenge is the presence and operation of services that provide anonymous communications over the Internet. Thus the intruder can be hardly traced, if possible at all.
1 - Budapest Convention on Cybercrime, Nov. 23, 2001
2 – Pettinari, Dave – Pueblo County Sheriff’s Office,
“Cyberstalking Investigation and Prevention”
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The second challenge for the Law Enforcement Agencies is the problem with the jurisdiction and statutory authority. Most often the stalkers and the victims are not located in one and the same state which causes the local authorities meet insurmountable obstacles to investigate the case on the territory of the other state. When it goes to different states in the United states the cases have been referred to FBI and the US Attorney’s Offices. But it is not the same as goes to different nation states. Then we speak about harmonized nation legislations and the tendency is all cases to be referred to the International Criminal Tribunal.
In the Draft of the United Nations Treaty on an International Criminal Court or Tribunal for Cyberspace (6th Edition, November 24, 2013) p.5(3) we read “The International Criminal Tribunal for Cyberspace is established by the United Nations General Assembly, or by United Nations Security Council acting under Chapter VII of the Charter of the United Nations. The purpose is to protect peace and ensure that the gravest international crimes in cyberspace do not go unpunished”
As new technologies develop, terrorist groups are developing new methods of attack by using the Internet and by using the cyberspace as a battlefield. It has become increasingly difficult to discover the identity of attackers and bring them to justice. The same we can say for the cyber warfare.
The only solution is strict measures for reliable prevention and united efforts between the states through their Law Enforcement Agencies to investigate and bring to justice all cases of cybercrimes.
Draft of the United Nations Treaty on an International Criminal Court or Tribunal for Cyberspace (6th Edition, November 24, 2013) p.5
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References:
Budapest Convention on Cybercrime, Nov. 23, 2001
Pettinari, Dave – Pueblo County Sheriff’s Office,
“Cyberstalking Investigation and Prevention”
Draft of the United Nations Treaty on an International Criminal Court or Tribunal for Cyberspace (6th Edition, November 24, 2013) p.5
