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Sample Essay on Cybercrime and Criminal Justice in Australia

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Sample Essay on Cybercrime and Criminal Justice in Australia

Introduction

With the current development and sophistication in the technology, there are many advantages that this phenomenon has brought in Australia, improvement in efficiency of performing tasks and doing businesses have risen to considerable levels. This comes is the most significant development since the onset of 21st century has brought upon the nation. Business efficiency and the overall effect on the economy have gone a long way to create difference in such a way that the process of embracing technology has been almost instantaneous[1]. Moreover, the development of technology has contributed in incorporating the country in the process of globalization through trade, labor and technological research sharing across the globe[2].

Conversely, it is worth noting that included among these, are issues that continuously emerging issues that are related to technology which have caught the attention of the criminal justice system. This is not to imply that the criminal justice system does elements of technology in its day-to-day businesses. It simply means that a number of issues come up that require numbering the input of the crime and law enforcement agencies through the ladders of the criminal or judicial systems of the country[3]. For instance, several scenarios come to mind when negative aspects of technology are brought into question. In each case, the conclusion is often that, internet and technology form a link that plays a central role. This paper seeks to delve into the depths of what is considered cybercrime, factors that have contributed to its rise as well as the mitigation procedures that would involve the criminal justice system[4].

Cybercrime and its rise

            Cybercrime is a description of a number of issues involving computer use, internet and other digital devices in a bid to commit an act that is considered an offence by international, national other standards for detailing the kinds of action considered right or wrong. As such, it is a multipronged entity that requires in depth analysis; systematic and detailed scrutiny. The main and most common aspects of cybercrime in the country emerge as hacking and breaching of systems in any kind of set up. Hacking can be done on a large scale, which may affect an organization as big as the government. Additionally, it can go to a lower level, though still very important, as the invasion of individual privacy. Ethical hacking is the kind of process that is allowable by law since it has a positive result. Malicious hacking is the intentional breaching or intruding the systems in order to gain access to the information or that one does not have authority or power to access[5].

            Another aspect of cybercrime is that of causing deliberate interference to the information technology platforms to achieve a certain goal, which more often than not, is inclusive of malicious intent[6]. It usually entails the use of knowledge of telecommunication systems to advance malicious agenda. The ripple effect of this is that it will cause network coverage limitation to the extent that it comes out as a detrimental process to the organizations, companies or the individuals using the systems[7].

            The other aspect of cybercrime is that of service denial. Whenever one commits an act that interferes with service provision, it is important to note that the normal processes that often go through the systems are stopped. The result of the whole process is the fact that there will be inconveniences due to service denial as well as profit or revenue collection for the organization or company. On the other hand, it is important to note the rising trends of service denial or delays in service or product deliveries have arisen due to technological platforms that have been interfered with. This is a crime and it directly relates to the use of computers software as well as computer based platforms, which makes it an aspect of cybercrime[8].

            According a corpus of reliable research materials, it is possible to note that the number of messages and image based material travelling across the Australian internet and online platforms have been on the increase[9]. This is due to factors that relate to the development of faster delivery of messages. With the development of mobile internet connecting devices as well as sophisticated communication computer devices, the increase in sharing of information is well attributable to such factors. In addition, human beings are becoming more connected and individuals, including young children, have access to social sites as well as other sources of entertainment that are brought about by the modern connectivity and quick development of children[10]. Pedophilic acts, child trafficking and modern human slavery forms part of the heinous acts and crimes committed through cybercrime. It comes out as a platform for luring unsuspecting people into traps that lead them to either the worst ever experiences they have ever had had, or to fatalities that leave the relatives and families agonizing over the losses[11].

            Notably, one most obvious aspect of cybercrime comes out as committing of fraud. Some individuals conduct businesses on the online platform that not only deny the government of its revenue acquired from taxation, but also act as agents of stealing from people and individuals. Many such situations arise from conduction of businesses that seek to make money from the online platforms while evading the arms of government that collect revenues in the form of taxation and levies. On a similar streak, ponzi schemes and impersonation escapades take place in such scenarios leading to criminal consequences[12].

Policy responses: criminal justice theory

            One of the most considerable steps that criminal justice system has employed in the process of dealing with cybercrime as a rising source of criminal activity includes the investment in educating organizations and individuals on their rights as well as limitations. For instance, it has been established that one of the reason there is so much vulnerability to cybercrime is the lack of knowledge or, to some extent, negligence on the part of individuals and organizations. Therefore, education allows for the evidence-based promotion of justice in order to ensure that awareness of the rights and freedoms is inculcated within the citizenry[13]. The reason why many government institutions and businesses go through with fraudulent transactions oblivious of the ill intent of the suspects orchestrators of such crime is the lack of technical knowledge. Many personnel do not have the knowhow on how to detect a fraudulent or fake website or suspicious sites. It is for this reason that the justice systems delves into the processes of informing the people about the possibilities of losing the valued information or money through such platforms[14].

            The understanding of how security systems work helps the justice systems, complainants and suspects to be aware of the various decisions that will be decided in the process of administration of justice to the victims as well as the affected parties or suspects. In every system of website, there are always tenets for identifying the fingerprints and tracing in a bid to locate and decide on the tying a platform to the crime[15]. Therefore incase a website performs a fraudulent activity online that qualifies to be an aspect of cybercrime; it will be much easier to track and get the culprits behind the activity[16].

Third wave governance, policy goal and policy response

            As indicated by several jurisdictions across the world, the rise and the use of the third wave governance comes out as one of the policy implementation methods used in several countries. Australian case is a specific example of this as it involves more democratic procedures in its day-to-day introduction and implementation of policies. Unlike authoritarian systems, which the world is running away from, the third wave of governance allows for all the stakeholders within the area or country to have an input on how they are governed and the laws that regulate them. This includes them having a say on the kind of individuals, institutions and statutes are put in place in a bid to drive forward the policies within their niche.

            With regard to this, the implementation of policies such as the one against cybercrime, three of the pillars will include the policy goal, policy response and the kind of governance system, as this will provide a trajectory into the everyday implementation of the policies. Thus the third wave governance theory plays an important role in this process because, every individual is or stakeholder is involved directly or indirectly in the decision-making process that will lead to the policy implementation[17]. It begins with everyone having an elaborate awareness of the goal of the policy and the vision it encompasses. Consequently, this translates to good will and collective participation in the policy development and implementation among the stakeholders[18].

The stakeholders in the policy response

            In the bid to deal with the problem through policy formulations and implementations, it is important to identify the stakeholders involved. The government, local and multinational businesses, security agencies as well as the individual citizens all come together under one umbrella as stakeholders. They all participate, in one way or another, in the aspect of cyber security needs to be emphasized by the justice system as well as it should be the core consideration in the organizational or governmental policy formation. This is because, the current levels of threats and crimes that the use of online technology poses to the country and the rest of the world cannot be overemphasized. Three tenets of cyber security need to be taken into account in the bid to create a secure online platform for all to enjoy. Confidentiality is defined as the aspect of security where the only people allowed to access particular pieces of information are the only ones who actually gain that access. This is in regards to the ability to keep information away from unauthorized or people who do not have the clearance to come into contact with the information. Confidentiality in cyber security allows the organization or the individual to ensure privacy of information that is on the online platform[19].

            Integrity of the data within the online platform also provides an aspect of overall security of the information and data provided for the staff or authorized members of the organization to access. Integrity refers to the ability of the information to remain in the form in which it was created and loaded onto the system, devoid of manipulation or interference[20]. It is a way of increasing the amount of the ensuring that possibilities of a malware or human-intervened malicious process does not interfere with the reliability of the data as being that of the authenticity levels required. In as much as the first two tenets describe state of the information in the systems, it is worth noting that the authenticity describes the systems put in place to ensure the integrity and confidentiality of the information. It is more inclined towards the processes through which one has to go in order to gain access to the information[21].

Policy goals and governance

            The central entity in the whole circle of implementation is the concept and structure of policy and governance. This is because, it not only links all the stakeholders in the desired framework, but also provides an avenue for creating the policies and their goals, which are further assigned to the departments and portions that are concerned. In order to put all these technical aspects of cyber security into the well structured criminal justice system in the country, the Australian government and policy makers together with the other stakeholders in the field of technology, it is prudent to include a forensic field into the picture. Computer forensics not only provides the whole combination of the justice system individuals with rich scientific information that will help them to make accurate judgment and decisions in the process of disseminating justice. The ability of forensic techniques to participate in activities such as email retrieval, IP address tracking, cellular information extractions, server network and ethical hacking, among other processes that require their technical prowess gives them the power to help in creating processes that not only allow the understanding of all the concerned parties[22]

            The role of the criminal justice system is to ensure the balance between fairness and the maintenance of the social structure; at every given point, there is peaceful and harmonious existence of people within a particular interaction system. This is seen as there is a concerted effort to create systems of reconciliation, punishment for crimes as well as litigation and arbitrary processes. It is through the application of a number of international and jurisdictional statutes and laws regarding cybercrime are implemented to ensure that technological platforms of development[23].

Conclusion

            From the above, it can be concisely concluded that a number of issues in the technologically advancing world, arise on both the positive and negative sides. One of the most challenging issues that raise concern for the justice system in the country includes the issues revolving around cybercrime. Issues that have emerged are inclusive of; human and child trafficking as aided by the use of cybercrime, fraudulent activities, tax evasion, and exchange of unacceptable material as well as a number of other issues that take place on the online platform that not only qualify to fit the threshold to be considered as cybercrime, but also act as inducers of harmful effects to the other people. The use of forensics and educational techniques allows the process of pushing the cogs of the wheels of justice in the criminal system. Bearing in mind the basic function of the criminal justice system, the dissemination of justice through a fair process involves every party involved having access to the knowledge regarding the processes of obtaining a fair and just trial. It is through an identical mechanism that the parties involved in the Australian cybercrime mitigation in law enforcement, crime prevention and provision of just structures operate.

 

 

 

Bibliography

Baggili, Ibrahim. 2011. Digital forensics and cyber crime: Second International ICST Conference, ICDF2C 2010, Abu Dhabi, United Arab Emirates, October 4-6, 2010, Revised Selected Papers. Berlin: Springer.

Bartol, Curt R., and Anne M. Bartol. 2006. Current perspectives in forensic psychology and criminal justice. Thousand Oaks, Calif: Sage.

Broadhurst, Roderic G., and Peter N. Grabosky. 2005. Cyber-crime: the challenge in Asia. Hong Kong ;[Great Britain]: Hong Kong University Press.

Clark, E. Eugene. 2010. Cyber law in Australia. Alphen aan den Rijn, The Netherlands: Kluwer Law International.

Clough, Jonathan. 2010. Principles of cybercrime. Cambridge, UK: Cambridge University Press.

Clough, Jonathan. 2010. Principles of cybercrime. Cambridge, UK: Cambridge University Press.

Corcoran, Suzanne, and Stephen Bottomley. 2005. Interpreting statutes. Annandale, N.S.W.: Federation Press.

Eterno, John, and Dilip K. Das. 2010. Police practices in global perspective. Lanham: Rowman & Littlefield Publishers.

Gregory, Mark A, and David Glance. 2013. Security and the Networked Society. Cham: Imprint: Springer.

Houck, Max M., and Jay A. Siegel. 2010. “Preface to the Second Edition”.

Kshetri, Nir. 2010. The global cybercrime industry: economic, institutional and strategic perspectives. Heidelberg: Springer.

Wall, David S. 2008. Cybercrime: the transformation of crime in the information age. Cambridge: Polity Press.

Waters, Gary, Desmond Ball, and Ian Dudgeon. 2008. Australia and cyber-warfare. Acton, A.C.T.: ANU E Press. 

Westby, Jody R. 2003. International guide to combating cybercrime. Chicago, Ill: ABA Publishing.

Westby, Jody R. 2004. International guide to cyber security. Chicago, Ill: American Bar Association privacy & computer crime committee, Section of Science & Technology Law.

[1] Broadhurst, Roderic G., and Peter N. Grabosky. 2005. Cyber-crime: the challenge in Asia. Hong Kong ;[Great Britain]: Hong Kong University Press. 118

 

 

[2] Houck, Max M., and Jay A. Siegel. 2010. “Preface to the Second Edition”.

 

[3] Broadhurst and Peter, 201

[4] Broadhurst, Roderic G., and Peter N. Grabosky. 2005. Cyber-crime: the challenge in Asia. Hong Kong ;[Great Britain]: Hong Kong University Press. 223

 

[5] Ibid., 428

[6] Ibid.

[7] Wall, David S. 2008. Cybercrime: the transformation of crime in the information age. Cambridge: Polity Press. 107

 

[8] Eterno, John, and Dilip K. Das. 2010. Police practices in global perspective. Lanham: Rowman & Littlefield Publishers. 67.

 

[9] Wall, 97

[10] Clark, E. Eugene. 2010. Cyber law in Australia. Alphen aan den Rijn, The Netherlands: Kluwer Law International. 21

 

[11] Clough, Jonathan. 2010. Principles of cybercrime. Cambridge, UK: Cambridge University Press. 96

 

[12] Corcoran, Suzanne, and Stephen Bottomley. 2005. Interpreting statutes. Annandale, N.S.W.: Federation Press. 43

 

[13] Gregory, Mark A, and David Glance. 2013. Security and the Networked Society. (Cham: Imprint: Springer). 109

 

[14] Westby, Jody R. 2003. International guide to combating cybercrime. (Chicago, Ill: ABA Publishing). 23

 

[15] Corcoran, Suzanne, and Stephen Bottomley. 2005. Interpreting statutes. (Annandale, N.S.W.: Federation Press). 57

 

[16] Ibid., 67

                [17] Ibid., 324

               [18] Ibid.

[19] Westby, Jody R. 2004. International guide to cyber security. Chicago, Ill: American Bar Association privacy & computer crime committee, Section of Science & Technology Law. 172

 

[20] Clough, Jonathan. 2010. Principles of cybercrime. Cambridge, UK (Cambridge University Press). 88

 

[21]Kshetri, Nir. 2010. The global cybercrime industry: economic, institutional and strategic perspectives.( Heidelberg: Springer). 211

 

[22] Baggili, Ibrahim. 2011. Digital forensics and cyber crime: Second International ICST Conference, ICDF2C 2010, Abu Dhabi, United Arab Emirates, October 4-6, 2010, Revised Selected Papers. (Berlin: Springer). 219

 

[23] Bartol, Curt R., and Anne M. Bartol. 2006. Current perspectives in forensic psychology and criminal justice. (Thousand Oaks, Calif: Sage). 63

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