Note : Online Legal Center Give Best Legal Advice On Cyber Crimes
Introduction:
Digital technology and Information Communication Technology (ICT) have become increasingly integral to our daily lives. Technology advancements have allowed cybercriminals to attack vulnerabilities within digital networks and systems. These cyber crimes could affect anyone, ranging from government officials and multinational corporations to individuals. Cybercriminals are coming up with new ways to attack as technology makes ever-deeper penetrations into our daily lives. The continuous evolution in technology has resulted in more contemporary forms of cybercrimes, such as Man-in-the-Middle-attack, Bluetooth Man-in-the-Middle attacks, and false data injection attacks, to name a few. It has led to an increased need for consensus on the definition and classification of the threats that are related to them.
While we do not have a standard and thorough understanding of the best method to combat cybercrime, some useful classification tools are being designed. Professor. Mike McGuire and Samantha Dowling created a classifier in the year 2013. Cybercrimes are classified into "cyber-dependent" and "cyber-enabled" types. Cyber-dependent offenses are those that are only able to be perpetrated by using computers, computer networks, or ICT devices. These include hacking, DDoS attacks, malware, etc. Another category of cyber-enabled crime is classic crimes whose scope, size, and intensity can be significantly affected by the internet, computers, and other tools. Examples are cyber fraud and cyberterrorism. They also include online child sexual exploitation or material for exploitation.
The broad definition of cybercrime in cyber-dependent and cyber-enabled crime is the main topic of the debates that are being conducted as part of the sessions of the United Nations Ad-hoc Committee, which is tasked with developing a complete international agreement for preventing the misuse of ICTs to commit crimes ("the Ad Hoc Committee"). Discussions on cyber-enabled and cyber-dependent crimes are vital to defining the convention's scope. Through four separate sessions, the Ad-Hoc committee heard various proposals regarding including cyber-dependent and cyber-enabled crime in a new manner. Cyber-dependent criminal acts, in addition to some of the most cyber-enabled crimes (online child sexual assault, sexual extortion, the non-consensual distribution of intimate photos), are receiving widespread acceptance. Other cyber-enabled crimes (terrorism-related violations, trafficking in arms, and distribution of fake medicines as well as extremism-related offenses) are experiencing differences. The inclusion of these crimes has been under discussion for a long time.
This piece of blog content aims to explore the possibility of cyber-enabled crime as a distinct security hazard and how the regulations that govern them draw various opinions from Member States and key stakeholders. The article concludes with specific tips and recommendations that could offer solutions to counter cyber-enabled criminals.
Cyber-enabled Crimes were included in other International Instruments :
In addition to being part of the UN Ad-Hoc Committee, several regional legal conventions, guidelines, and directives have been made. These are also sources for the new approach. This includes The African Union Convention on Cybersecurity and Personal Data Protection (Malabo Convention), The Council of Europe Convention on Cybercrime (Budapest Convention) and the League of Arab States Convention on Combating Information Technology Offences as well as the Economic Community of West African States (ECOWAS) Directive on Fighting Cyber Crime. The CARICOM Model Legislative texts of Cybercrimesor E-crimes and Electronic Evidences, which targets cybercrime prevention and investigations. Furthermore, the UNODC Report on the Meeting of the Expert Group to Conduct an In-depth Study of Cybercrime (2021) contains Recommendations regarding the best methods to tackle the issue of cybercrime via the application of laws and frameworks for efficient criminalization, law enforcement, and International investigation cooperation, as well as prevention.
The international legal frameworks (identified in the preceding paragraphs) deal with various cybercrimes and penalize cyber-enabled and non-cyber-dependent crimes. Most cyber-enabled crimes covered by these conventions comprise computer systems attacks, cyber-attacks, computerized data breaches, computer-related forgery, and computer-related fraud. Another set of cyber-enabled crimes included are those related to child pornography and crimes that are xenophobic or racist by nature and committed using computers. The third category of cyber-enabled crimes includes offenses against privacy, infractions that involve terrorism, which is achieved through technologies like information, as well as a rise in punishments for crimes that are traditional that are perpetrated using technologies that are only covered by a small number of conventions (such as the League of Arab States Convention on Combating Information Technology Offences).
Languishing Fate of Cyber-enabled Crimes in Ad-Hoc Committee Process and Key Challenges in Their Governance.
While cyber-enabled crime is well-known internationally, they've needed more success in their integration into the activities in the Ad-Hoc Committee Process.
Monitoring the Ad-Hoc committee over the past four sessions has allowed us to pinpoint the most critical difficulties in incorporating and dealing with many cyber-enabled crimes under the proposed convention. Cyber-enabled crimes, such as terrorist-related crimes, violations of private information, extremism-related crimes, or related content, must be unified and have a clear concept of what constitutes it due to the different social, cultural, and legal factors frameworks in Member Countries. Furthermore, these kinds of offenses are generally conventional crimes that are covered by laws in place, both domestic and international, and, in addition, involve computers and information technology. If these types of crimes are added to the Cybercrime Convention. If so, they could be in conflict with existing legal frameworks.
Additionally, offenses related to content have broad definitions, do not provide a uniform framework, and require adequate security to protect human rights and other freedoms fundamental to human beings. So, binding international criminal acts such as those outlined in the Ad-Hoc Committee's activities are not the best way to deal with the challenges arising in cyber-enabled crime. They should instead be dealt with through legal and non-legal instruments and, in a way, compatible with freedoms and fundamental rights. Cyber-enabled crime is one of the topics discussed by the Ad-Hoc committee, such as the use of terrorists in connection with extremism and other types of ICT technology, which fall under broad terms that are highly incomprehensible and subjective and could threaten universally recognized human rights in the international community. Furthermore, the rules relating to privacy-related offenses are problematic because they penalize a broad spectrum of behavior without a legal basis for it and without providing adequate protections for journalists, students, researchers, and other persons with a public stance.
Way Forward and Suggested Solutions
The ambiguous and subjective nature of cyber-enabled crime, their tension with internationally recognized human rights, and the absence of reasonable exceptions hinder their participation in the Ad-Hoc Committee process. However, these concerns are crucial for many countries that are part of the process. The member countries, including India, Egypt, South Africa, Russia, and China, favor a comprehensive cybercrime agreement and demand international collaboration, technical assistance, and capacity-building provisions. There needs to be more technological and procedural expertise among the state agencies to ensure their social responsibility of ensuring the security of citizens and the law of the land. In this situation, in which it's challenging to find common ground on matters like this and the need for urgent action regarding the threats faced by Member States, the pathway via binding international criminal agreements is not optimal. Therefore, the Member States need to find alternative methods to combat cyber-enabled crime using legal or civil mechanisms to balance the rights of human rights internationally and fundamental freedoms.
A different approach to combat cyber-related crimes is via Public-Private Leadership. The four Ad-Hoc committee meetings have allowed us to identify the growing distrust and misunderstanding between the public and private sectors. The key players show discord and differing opinions of one other. They need to be helping to address the significant problems we face as a result of increasing cybercrime. Technologies companies have adhered to their belief that law enforcement agencies should have more confidence in citizen information and data as well as digital communications.
However, Member States also need to draw attention to the everyday problems law enforcement agencies face and guarantee accountability in their work. Certain Member States have instead advocated for imposing solid obligations for the private sector to collaborate with the authorities of their nationals. Although public-private collaboration is essential in tackling these crimes, each entity must rethink its approach, develop the foundation of a positive relationship and assume leadership roles that could lead to the most effective strategy for addressing cyber-connected crimes.
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