A_Global_Protocol_on_Cybersecurity_and_Cybercrime.pdf

Increasing the level of perceived risks by the

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Increasing the level of perceived risks by the criminal relying upon effective justice and police systems, organizational structures and international cooperation; x Decreasing expected profits by an effective ICT resources and values management. In order to reach these strategic protection goals information and communication secu- rity solutions have to be put in place. In a complementary approach, legislative and regu- latory measures help to raise the level of risk perceived by a criminal. Fighting against cybercrime means that security technical barriers must be effective to increase the level of difficulty to attack a system. The perpetration of a malevolent act becomes more complex and the chances of performing it are reduced. But it is not enough if the criminal always feels that he or she could act with impunity. So really to increase the level of risk taken by the criminal, he must understand that he is carrying out a malicious act. Laws must, therefore, exist to criminalize illicit behavior and members of the justice system and police forces should have the means to identify criminals and bring them to justice in order to receive an appropriate sentence. 7 8
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20 A nation’s ability to deter, detect, investigate and prosecute cybercriminals’ activities is one of the most important components for affording secure information infrastruc- tures. Because of the international nature of the Internet, vulnerabilities and weaknesses could compromise the security of others all around the globe. The absence of applicable and enforceable laws in a country leads to the creation of digital paradises used to develop harmful activities. The consequences of a digital paradise are prejudicial for all con- cerned. Each country should address cyber security and cybercrime issues and not be- come the weakest link in the global security scheme. Each country has to set appropriate technical measurements and adopt an enforceable legal framework. That means that criminal laws must exist and police forces have the capacity to investigate and pursue computer-related crime. The justice and the police should be able to count on adequate organizational structure, trained personnel with specific technical competencies and suf- ficient means even if cybercrime could have a relatively weak impact for each individual victim. In most developed countries these last points are not always well addressed, due es- sentially to the lack of knowledge and financial resources allocated to fight cybercrime, the lack of technical capacities and organizational structure of the police forces and also because a cybercrime is very difficult to resolve.
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  • Spring '12
  • Kushal Kanwar
  • Law, .........

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