CYBER WATCH


DIFFICULT TO PROSECUTE The theft of intellectual property rights is also a huge aspect of cybercrime. In the United States alone, Fortune 1000 compa- nies suffer a loss of about $300 billion US annually on this account. Unfortunately, conventional law dealing with these crimes are incapable of dealing with its lightning- speed evolution.


Russia, China and Brazil are world leaders in cybercrime, while India is fast emerging as a major hub of such nefarious activity. Although most countries are highly concerned about combating cybercrime, several problems still exist. The first, and the most difficult, is the ability to identify the culprit. As the Internet can be ac- cessed from any part of the globe, the field is wide open for hackers. Even if the iden- tity of the hacker is established after fol- lowing the electronic trail, it is highly problematic to decide under which country’s law he or she can be prosecuted. If the country that suffered damage wants to prosecute a culprit of foreign nationality,


there has to be an extradition treaty with the country where the hacker is resident. Be- sides, the legal framework for proceeding with prosecution is still not certain. In spite of an extradition treaty, if a law allegedly broken in a country has no equivalent in the culprit’s native country, there can be no prosecution. In today’s electron age, crime has ex- tended itself beyond physical assault or mental torture; now it also affects our “e- life.” E-life means our existence and living in the cyber world. Every one of us is a part of this cyber world, directly or indi- rectly, since computers and the Internet are now an integral part of both our per- sonal and professional lives.


Just like any other invention, computers and the Internet are a boon to humankind if used in the right way and to the advan- tage of society. However, as we all know, everything has its pros and cons and so too do the Internet. If we consider cybercrime a virus then it won’t be untrue to say this virus is corrupting mankind’s development. Cybercrime is no doubt a menace all over


the world and is one of the most difficult and challenging crimes to detect, investi- gate and prosecute.


The distance between criminals and authorities has become enormous as cy- bercrime has acquired international di- mensions. The criminals can move on a highway at the speed of light on which there are no traffic signals, no constables, without international borders, or with no custom or immigration authorities to order the criminal to halt. As the world basks in its achievements in the field of communi- cations and information technology, it has also become a place where a scary menace exists and continues to grow.


Brent MacLean is the founder and CEO of J.B. MacLean Consulting (www.jbm.net) and Cana- dian Intelligence Solutions. He has more than 22 years


of experience in network, security, and in- frastructure design and troubleshooting.


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JULY/AUGUST 2010 • SECURITY MATTERS 11


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