Technology and Crime

sorry Law seek Paper Whenever a recent(a) engine room is install, like a double-edged sword, it very much brings both much convenient proceeding and possibility of danger in which say-so exploitation of gap that expertness evanesce in its sign developing stage. For the past times 20 years, electronic electronic computer related technologies and persistence attain been continuously advancing at radical speeds that outstandingly changed our manner of life. The cosmos of net and digitalization of in multifariousnessation has saved us enormous time and flirt required former(a)wise would have been wasted.On the other hand, however, it aided whole bleak types of holding offences that argon distinct from handed-down nonp atomic number 18ils to arise which posses hard-foughties in dealing with them by handed-down elan of approaching seat offences. The main difficulties argon, first, Offences that were tralatitiously presentted as inter own(prenominal) offe nces can now be committed at extreme distances and without the personal involvement of either dupe. Second, the object of much(prenominal)(prenominal)(prenominal)(prenominal) offences whitethorn non amount to larcenable stead or, indeed, property at all. 1 Examples of these iniquitys include, electronic gold manoeuver abhorrence, electronic m stary clean, 2counterfeiting, and softwargon system piracy. 3 Contrary to tralatitious property offences, computers couple with telecommunications technology enables offenders non to leave whatsoever traces of usual biological depict in interpersonal offences such as riffle prints or hair that could lead to the offender through forensic tests. Even if the patrol traced back the computer that the fund point detestation was originated, the actual offender would be uncertain if its located in internet cafe which is utilise by numerous customers.This anonymity is considered the major attractive force for offenders with advance d computer skills to commit such crimes. This paper will discuss the specialty of the current rectitude in cheer the stack from the sweet treats and doable policies or regularitys that could be implemented by administration to combat this matter. The Current Doctrine and issues It is pellucid to find that property rights have been the roughly important feature in our company since the beginning of the civilisation as the oldest create verbally rightfulness, the Code of Hammurabi4 which dates back to 1750 BC, contains codes that protected single property.Protection of ownership encourages plurality to transaction at their full potential in return for increase in their wealthiness and power that gives satisfaction and earnest department. If such certificate department was absent, stealing and damaging personal possessions to execute the needs and wants would have been occasional and we power non have been able to get through the standard of living and the socia l security we enjoy now. Under the current roughhewn law system, properties are protected by both case law and statutes. manifestly regarding the history of development, in that respect are unnumbered case laws relating to property matter.Statutes are similarly implemented in station to fork out protection of the rights for aiding the courts if the lovable of the offence is the upstart one and there are no relevant authorities ready(prenominal) for judge to rely on. Those protections have been building onto one and another from strong foundations and nowadays satisfying property protection by the law seems quite drastic. However the dawn of the digital age introduced a whole current range of offences that cannot be categorised by traditional methods. Absence of Specific dupe or victimizeWhat would be the injury to the bank if their internet banking facility has been practice sessiond for electronic money laundering? in that respect is no person harmed or any physica l property vilify through to the bank. When a personal computer which happens to fit to a CEO is hacked and confidential study about a account that is not mean for releasing to the public that predicts a shape rise in destiny prices ca utilise by exceptional performance is retrieved by the hacker and he/she and his/her friends sacrifice millions of dollars found on that information, is it affirmable to measure the damage?Or does it even exist? As exampled, some bleak types of illegal acts do not create specific victim or damage or the both. In order to tone these treats, the definition of property has been extended to ones that take forms of electronic data and even to intellectual ones. By recognising such properties it is now possible to identify the damage incurred and the victim which enables us to enforce the traditional doctrine of property offences approach. To reward the victims for the modify they suffered under the civil law and to follow the offender and enfo rce penalties under the barbarous law. Types of impertinent offences Hacking and intrusion into a computer system is the most common plate form of computer based crime, hackers usually commit this offence in order to deliver the goods confidential information or to watch the level of security measures in cast for preparation of other offence5. Rarely, some hackers exploit to survive into a system thats guarded by strong security system and damage the system itself safe to demonstrate the ability of him or her self. This kind of act is also known as electronic vandalism6.The following most common offence is the intellectual property offences such as breaching copy rights by reservation illegal duplicate of intellectual property, for example, books, movies, medication and games. This type of offence is becoming more and more ordinary as the firm broadband internet approach shots being available to most of the households enable such illegally copied materials to be circul ated and distrisolelyed at warm rate even crossbreeding borders without any obstruction. Electronic funds transfer crime and electronic money laundering are also major crimes that are becoming increasingly difficult to regulate with traditional counter measures. Traditional Countermeasures closely common methods very much chosen by the organisation is to take legislative and administrative action to deal with the problem in the lead it gets out of hand. Russell emphasises in his journal This method to criminalise has, however, a number of dangers. First, is the problem, say by Dunning (1982, pp. 293-4), of over-codifying deportment one does not want to enact a new provision every time a new permutation of criminal behaviour arises.Ideally, the elasticity of a common law system will supply the omissions of the legislative body but there are limits to which our judiciary will, and indeed can, go. 7, that there are limits in legislative and administrative approach that the club can take as legitimate. in that location is also the thorough problem of difficulty when returning to battle the new offences with the traditional approach in quantifying the offences8 since the nature and characteristics of the offences often leave no trace at all and also authorities might not disclose the information because of overplus or commercial inconvenience.Deceptive quantifying which makes the indemnity makers to take distorted view of the unassumingness of the issue is also the problem. For example, a inquisition of a US$0. 75 history error in a computer account led to the unravelling of an international espionage ring. 9 typeface like this confuses the decision makers in decision making the level or degree of canon should be imposed.Originality of the crime also creates great challenge to the authorities, globalization of networks and widespread of the internet permits offenders to stay in their own landed estate and commit crime in the systems of unlik e country. This poses exorbitant difficulties in determining the place of the occurrence of the crime in order to decide which prosecution authority should be handing the matter and where to collect and present evidence to. Possible Alternative methods of Prevention at that place are several proposed ways for the government to deal with the problem.Restricting the availability of new technologies themselves, or quietricting certain great deal from possessing and using new technologies and so on Probably the most primitive rootage of all, considering the possibility of misuse of the technology, the researchers and developers in the initial stage of the process should apply crime prevention measures that prevents misuse of such open technologies and if the cost is too high to take up out the modification the government should cease slightly consider to subsidise the process because the cost of exploitation of the weakness of the technology might be even greater.But there is a lso possibility that those precautions implemented could be compromised and the additional development costs vaporised. The break of the DVD movie title encryption and area code protection by hackers and crackers which introduced Dvix is the good example of it. The next best cost effective way is commercial solution10. Various needs to protect ones electronic assets from possible attackers would generate considerable securities industry beg for electronic and informational security.Companies with expertise of those matters would grow and it would digest professional advices, helps and protection with reasonable give that would be far more less than it would cost for person demanders to develop such systems. Also from the demand for assuring the recompense for the damages ca apply electronically, new insurance policies would erupt and protect the losses incurred. When dealing with technologies that are developed for military or inquiring use, it is best for the government to t ake action that prevents possession and use of those technologies by possible offenders.Such as code circuit breaker programme designed for military operations should be restricted for the use of the purposes intend only, to achieve that, it is best to isolate the program in selected systems that are not attached to the internet. However if the technology developed found to be viable for use by the public to improve their standard of life, it should be considered that more benefit would be bring in by making it public depending on specific technology. A super fast speed satellite communication intended for space crafts would be viable to use for the faster internet connection than unoriginal technology.But it might also make it possible for hackers to get into the satellites control system and disable it do extravagant disaster thus making the technologies availability restrictive is important. Those alternatives and traditional methods may stop offenders from commission of c rime but it may also encourage imitating one as well. A news report that the government is banning all squirt pornography sites may attract peoples attention and they might try search that kind of sites since the anonymity of access which increases the demand for viewing such material that results growth of pornography sites. Conclusion Implementing the traditional approaches to deal with new emerging types of crime involving new technologies does seem to work when the new type of crime shows some fundamental similarities with already existing crimes such as causing harm whether electronic or physical or financial. Since such offences are opposed by the society and could well be criminalised by legislation or administrative means without difficulty. Nevertheless, quantifying and implementing the right insurance or legislation is too difficult because of exterritorial issues and lack of statistics.However, as the technologies used for commission of crime advances, so does the techn ologies used to investigate, exam, and share information with the public and the rest of the world which aids authorities in combating using traditional approaches. Mechanisms for surveillance and detection, jam devices, and technologies of parapet and incapacitation could also be select to backup the weak points of the traditional approach. Yet, slice implementing those mechanisms the authority should consider possibilities of infringe of solitude right.The use of high-tech means of rampart might well lead to fundamental changes in police practice. Easily available technological fixes may tempt assurance to the extent that traditional law enforcement skills fail neglected due to their inconvenience and community relations will be over considered and discarded. There would also be other social impacts of crime prevention technologies. It may include disproportionate use of restraint technologies against disadvantaged groups, such as people who are unable to afford security t echnologies.And a shift in the commove of crime to those prospective victims may occur. Nonetheless, it would look like a miscalculation if we are to back off from developing and researching new technologies for crime prevention and control just because they may be used in suitably. The telephones, indeed, the wheel, have criminal applications, technologies in the hands of responsible, accountable professionals can enhance liberty, rather than jeopardise it, Dr Grabosky said.Technology and law-breaking Control insists on that the direction of ultimate benefits of new crime prevention technologies to the public, their development and use should be based on thorough reference point and extensive testing, and those who use them should be appropriately trained and supervised. The authors of the journals conclude that there is not one fit-to-all overall solution to these new kinds of emerging crime due to the varied nature of computer-related criminal conducts. They suggest, howeve r, that technological and market solutions will be just as, if not more, important as law enforcement.With the occult hands of the market the authorities should be able to find the optimal way of combating the new crimes sided by new technology. Bibliography 1. brownness et al, turn Laws, The fusion contract 2. P Grabosky & R Smith, criminal offence in the digital maturate Controlling Telecommunications and Cyberspace Illegalities, the Federation Press (1998) 3. Russell Smith, crook Exploitation of unseasoned Technologies AIC Trends and Issues in Crime and Criminal referee No93 (July 1998) 4. youthful millennium Doosan incline encyclopedia No11 Doosan cooperation (2000) 5.Australian sanction of Statistics 1997, Recorded Crime, Australia 1996, ABS entry No. 4510. 0, AGPS, capital of Australia (1998), Yearbook Australia, ABS roll No. 1301. 0, AGPS, Canberra. 6. P. N. Grabosky, Russell G. Smith, capital of Minnesota Wright, Crime and Telecommunications AIC Trends and Is sues in Crime and Criminal rightness No 59 (August 1996) 7. Russell G. Smith, Stealing Telecommunications Services AIC Trends and Issues in Crime and Criminal justness No 54 (April 1996) 8. Peter Grabosky, Technology & Crime Control, AIC Trends and Issues in Crime and Criminal legal expert No 78 (January 1998) 1 Brown et al, Criminal Laws, The Federation Press pg 1058 2 P Grabosky & R Smith, Crime in the Digital Age Controlling Telecommunications and Cyberspace Illegalities (1998) The Federation Press chapter 1 3 Russell Smith, Criminal Exploitation of New Technologies AIC Trends and Issues in Crime and Criminal Justice No93 (July 1998) pg 3 4 Found in 1901 by French explorers in the Old Iranian Capital of Shush (Susa), contains 282 codes consisting of criminal commercial, individual property laws New millennium Doosan English Encyclopaedia No11 Doosan cooperation (2000) pg. 54 5 Australian Bureau of Statistics 1997, Recorded Crime, Australia 1996, ABS Catalogue No. 4510. 0, AG PS, Canberra (1998), Yearbook Australia, ABS Catalogue No. 1301. 0, AGPS, Canberra. 6 P. N. Grabosky, Russell G. Smith, capital of Minnesota Wright, Crime and Telecommunications AIC Trends and Issues in Crime and Criminal Justice No 59 (August 1996) pg 2 to 3 7 Russell G.Smith, Stealing Telecommunications Services AIC Trends and Issues in Crime and Criminal Justice No 54 (April 1996) pg 3 8 9 P. N. Grabosky, Russell G. Smith, Paul Wright, Crime and Telecommunications AIC Trends and Issues in Crime and Criminal Justice No 59 (August 1996) pg 3 10 P. N. Grabosky, Russell G. Smith, Paul Wright, Crime and Telecommunications AIC Trends and Issues in Crime and Criminal Justice No 59 (August 1996) pg 5