6,555 research outputs found

    Where To Prosecute Cybercrimes

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    Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper venue. This Note explores several possible approaches to permitting cybercrime trials to take place in the locations where they belong, including through an old but recently revisited judicially-created test for venue and through possible legislative reform

    Where To Prosecute Cybercrimes

    Get PDF
    Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper venue. This Note explores several possible approaches to permitting cybercrime trials to take place in the locations where they belong, including through an old but recently revisited judicially-created test for venue and through possible legislative reform

    Report on Information Society, Section 4, Country Report Switzerland

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    Cybercrime: An Empirical Study of its Impact in the Society- A Case Study of Tanzania

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    The aim of the research is to examine the negative impact cybercrimes pose to the society. The concepts of cybercrimes are introduced and different types of cybercrimes are explored as examples of some of the impacts which caused by cybercrimes activities. Results from this study show that, there are many negative impacts which the society suffer from the cybercrimes and why the computer or networking are tools target for the crimes. The discussions are made from the findings and finally the paper addresses different measures which can be taken to combat these cybercrimes so that people still enjoy using the technology rather than stop them to use it.Keywords: Child Exploitation, Cybercrime, Computer Crime, Identity Theft, Stalkin

    Cybercrime in Nigeria: An Overview of Cybercrime Act 2013

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    The paper focuses on cybercrimes in Nigeria, the examples of cybercrimes and also an overview of Cybercrimes Act 2013. Cybercrime are associated with Nigerian for examples email scams, phishing and credit card fraud; the Nigerian banks are susceptible to these attacks. It is evident that many Nigerians, organizations and government are investing significant amount of money in protection their Information communication and technology (ICTs) systems and networks. The increase rises of cybercrimes in the Nigerian cyberspace prove that some organizations are fighting cybercrimes through cyber security experts but only when security is breached or compromise. The recent Cybercrimes Act established by the Nigerian legislation intends to fight cybercrimes in all angles. The Overview of Cybercrimes Act 2013 gives us an inside of the relevancy of the Act to the current issue at hand where the Act dedicated a Part discussing the offences and their penalties in relation to cybercrime. With this Act in operation a roadmap in curbing the menace of cybercrime in Nigeria is captured. The paper will proffer recommendations and conclusions for effective measures for proper implementation and enforcement. Keywords: Cybercrime, examples of cybercrimes, overview of Cybercrime Act 201

    Cybercrime Post-Incident Leadership Model

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    Cybercrimes are facts of the modern technological society. While extant literature proposes a variety of prescriptive practices to combat cybercrimes, there is scant research to address how organizational leaders should minimize the impact of cybercrimes on their companies and the community after they have occurred. This study addresses the steps leaders should take in the aftermath of cybercrimes and proposes a four-stage leadership model consisting of best practices to guide leaders in preparing, responding, and recovering from a digital or cybersecurity attack

    Cybercrime Pervasiveness, Consequences, and Sustainable Counter Strategies

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    As our connectivity and dependency on technology increases, so does our vulnerability. Technology has provided not only new tools, but also new opportunities for criminals in the digital world. The abuse of new technologies has been threatening economic and Jinancial security and actually devastating the lives of affected indivicluals. In Nigeria, cybercrime has recorded mostly foregin-based individuals and organizations as victims thereby getting Nigeria ranked among the nations with notorious pemasiveness of high-tech crimes. Indeed, adequately formulating a strategy to contain the menace of cybercrime presents aformidable challenge to law enforcement. This paper x-rays noted instances of cybercrime pervasiveness, its devastating consequences, and up-to-date countermeasures in Nigeria It develops an enforceable/sustainable framework to determine how critical infrastructures are put at risk snd how law enforcement should react in responding to the threats

    Preventing and Combating Cybercrimes: Case of Cybercrimes Investigation Unit of Tanzania Police

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    The study was conducted at the cybercrimes investigation unit of Tanzania Police Force. The study investigates the current situation of Tanzania Police Force on combating and preventing cybercrimes in Tanzania and examine the effect of the current legal framework governing them on preventing and combating cybercrime. The study used a sample size of 86 respondents from cybercrimes investigation unit at Tanzania Police Force. Data collection was done by using interview guide and questionnaire. The data was analysed by using multiple regression model and thematic analysis for quantitative and qualitative data respectively. The findings show that, Cybercrimes in Tanzania is on high rate as justified by the respondents regarding on number of reported cases of cybercrimes in Dar es Salaam despite of effort shown by Police Force to battle this problem. It was also found that a unit increases in technological capability of Police Force lead to significant decreases in preventing and combating cybercrimes. Furthermore, the results show that, other things remain constant, a unit increase in the current legal framework governing the Police Force lead to significant decrease of effort on preventing and combating cybercrimes. Therefore, it is recommended that there is a need for the Police Force to invest more in acquiring new technologies well as providing continuous public awareness of cybercrimes. Also cybercrime act of 2015 as well as legal and regulatory compliances governing all cybercrimes stakeholders to be reviewed so that can enable Police Force to perform their duties of preventing and combating cybercrimes efficiently

    THE INTERNET BETWEEN PROMOTION AND INFRINGEMENT OF THE FUNDAMENTAL RIGHTS FREEDOMS vs. CYBERCRIMES

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    The Internet has become a mean by which individuals can exercise their right to freedom of opinion and expression, as well as the freedom of association, which, both play a crucial role in supporting democracy and guaranteeing human rights. But, at the same time, it also has become a mean for human rights infringement such as privacy, discrimination of specific vulnerable groups, espionage, child pornography and prostitution, as well as the democratic destabilization. The fundamental rights are neither created, nor abrogated by any state or non-state actor, being attached to humans at their birth only by the fact of being humans. “All men are by nature equally free and independent and have certain inherent rights, of which, when they enter a state of society, they cannot, by any compact, deprive or divest their posterity.” These rights, recognized as universal, inalienable and indivisible, are supported by the International Bill of Human Rights, which comprises three main legal instruments: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights. The promotion and protection of all human rights and of democratic principles serves as an international minimum standard widely enforced. Therefore, the framework of international human rights law remains relevant and equally applicable to new communication technologies, such as the Internet.Internet, human rights, freedom, cybercrime, privacy, espionage, discrimination
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