The Internet has no physical location, beyond borders and is globally inclusive. As a result, devices are interacting from all parts of the world, controlled by completely different people whom all have a different standard of ethics to one another. This variation in ethics and justifications along combined with no single body monitoring cyberspace leads to the common practice of cybercrime. Criminal activity is even committed over Cyberspace via government bodies including North Korea, Russia, China (Perl, 2007) Cybercrime is highly complex, the perpetrator or group could be in another country, use software, proxies, or have some other kind McGuire’s (2012) found that up to “80% of cybercrime could be the result of some form of organized activity.” With those involved based in “loosely associated illicit networks rather than formal organizations (Décary-Hétu & Dupont, 2012). Consider the greater range of skills, resources and capabilities of cybercriminals through having underground connections.
A study in the US found that “75% of cases referred for prosecution to federal authorities were declined, primarily due to lack of evidence (Smith, Grabosky and Urbas, 2004). However legal punishments may not stop, as there are cases where even in prison, cyber-criminals have found ways to access the Internet to continue on with their illegal and disturbing activities such as paedophilia (Smith, 2004) this returns to the inclusiveness and accessible nature of cyberspace.
Considering the number of methods and technologies that allow Cybercrimes to be easily committed, it opens this debate up of whether or not cyberspace should be governed. Despite our “Declaration of the Independence of Cyberspace”, it’s completely reasonable that in any case an illegal act did occur that the support of policing and law would be able to assist in the investigation and justice of offenders. Without laws regarding behavior on the internet it would lead to vulnerabilities to common people.
Recommendation: Disconnect (2012) A film looking into the carrying out, handling and reality of Cybercrime through looking at three interconnected stories of Credit and Identity fraud, Cyberbullying and the creation/distribution of illegal adult only entertainment conducted by underage teenagers.
Smith, R. 2004, “CYBER CRIME SENTENCING: THE EFFECTIVENESS OF CRIMINAL JUSTICE RESPONSES”, Australian Institute of Criminology International Conference, Melbourne
Broadhurst, R. and Grabosky, P. and Alazab, M. and Bouhours, B. and Chon, S. “An Analysis of the Nature of Groups Engaged in Cyber Crime (February 14, 2014). An Analysis of the Nature of Groups engaged in Cyber Crime, International Journal of Cyber Criminology January-June 2014, Volume 8 (1): 1-20