Due to easily exploitable laws, cybercriminals use developing countries in order to evade detection and prosecution from law enforcement.

Combating computer crime : Prevention

Prevention
The Department of Homeland Security also instituted the Continuous Diagnostics and Mitigation (CDM) Program. The CDM Program monitors and secures government networks by tracking and prioritizing network risks, and informing system personnel so that they can take action.[87] In an attempt to catch intrusions before the damage is done, the DHS created the Enhanced Cybersecurity Services (ECS) to protect public and private sectors in the United States. The Cyber Security and Infrastructure Security Agency approves private partners that provide intrusion detection and prevention services through the ECS. An example of one of these services offered is DNS sinkholing.

The FBI set up a fake computing company based in Seattle, Washington.

Legislation
Due to easily exploitable laws, cybercriminals use developing countries in order to evade detection and prosecution from law enforcement. In developing countries, such as the Philippines, laws against cybercrime are weak or sometimes nonexistent. These weak laws allow cybercriminals to strike from international borders and remain undetected. Even when identified, these criminals avoid being punished or extradited to a country, such as the United States, that has developed laws that allow for prosecution. While this proves difficult in some cases, agencies, such as the FBI, have used deception and subterfuge to catch criminals. For example, two Russian hackers had been evading the FBI for some time. The FBI set up a fake computing company based in Seattle, Washington. They proceeded to lure the two Russian men into the United States by offering them work with this company. Upon completion of the interview, the suspects were arrested outside of the building. Clever tricks like this are sometimes a necessary part of catching cybercriminals when weak legislation makes it impossible otherwise.

Then-President Barack Obama released in an executive order in April 2015 to combat cybercrime. The executive order allows the United States to freeze assets of convicted cybercriminals and block their economic activity within the United States. This is some of the first solid legislation that combats cybercrime in this way.

The European Union adopted directive 2013/40/EU. All offences of the directive, and other definitions and procedural institutions are also in the Council of Europe’s Convention on Cybercrime.

It is not only the US and the European Union who are introducing new measures against cybercrime. On 31 May 2017 China announced that its new cybersecurity law takes effect on this date.

Penalties
Penalties for computer-related crimes in New York State can range from a fine and a short period of jail time for a Class A misdemeanor such as unauthorized use of a computer up to computer tampering in the first degree which is a Class C felony and can carry 3 to 15 years in prison.

However, some hackers have been hired as information security experts by private companies due to their inside knowledge of computer crime, a phenomenon which theoretically could create perverse incentives. A possible counter to this is for courts to ban convicted hackers from using the Internet or computers, even after they have been released from prison – though as computers and the Internet become more and more central to everyday life, this type of punishment may be viewed as more and more harsh and draconian. However, nuanced approaches have been developed that manage cyber offenders’ behavior without resorting to total computer or Internet bans. These approaches involve restricting individuals to specific devices which are subject to computer monitoring or computer searches by probation or parole officers.

Source : https://en.wikipedia.org/wiki/Cybercrime.

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Alain STEVENS - Pacta

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