Legal Issues Related to Combating Cybercrime: Experience of the Republic of Kazakhstan
Abstract
This paper deals with the legal issues related to combating cybercrime in the global information and communication networks through comparative analysis of relevant legislation of the Republic of Kazakhstan and Western European countries. The purpose of this research is to identify the specific features of present cybercrime, to develop a conceptual framework, to specify new forms of cybercrime and to find the main directions in combating cybercrime. The research methodology was based on dialectical, comparative legal, sociological, system-structural and statistical methods, as well as on social experiment. The study gave the possibility to disclose specific features of cybercrime, provided a universal definition of cybercrime, which can be used in international conventions as well as in international criminal investigation. The study highlighted two new types of cybercrime - cyber-terrorism and identity theft with the view of committing crimes, which could be included in the Convention on Cybercrime. The authors of this study developed a universal conceptual framework that can be used in international legal instruments and international cooperation in combating cybercrime and formed a unified approach to address some legal issues related to cybercrime in the global information and communication networks.
References
[2] Ali Al-garadi, M., Varathan K.D., and Ravana, S.D. 2016. Cybercrime detection in online communications: The experimental case of cyberbullying detection in the Twitter network. Original Research Article. Computers in Human Behavior, 63, 433-443.
[3] Antonescu, R.B. 2015. Financial and Non-financial Implications of Cybercrimes in Emerging Countries. Original Research Article. Procedia Economics and Finance, 32, 618-621.
[4] Ben-Itzhak, Y. 2008. Organized Cybercrime. ISSA Journal, 6(10), 37–39
[5] Berger, A., D’Alconzo, A., Gansterer, W. N., and Pescapé, A. 2016. Mining agile DNS traffic using graph analysis for cybercrime detection. Original Research Article, 100, 28-44.
[6] Brewster, B., Kemp, B., Galehbakhtiari, S., and Akhgar, B. 2015. Cybercrime: Attack Motivations and Implications for Big Data and National Security. Application of Big Data for National Security. Waltham: Elsevier, pp. 108-127.
[7] Brookings Institution Press. (n.d.). https://www.brookings.edu/press/ (accessed 23.09.2017).
[8] Cassese, A. 2001. International Law. Oxford: Clarendon Press, pp. 150—151.
[9] DeTardo-Bora, K., and Bora, D.J. 2016. Cybercrimes: an overview of contemporary challenges and impending threats. Digital Forensics. New York: Syngress, pp. 119-132.
[10] Donner, C.M., Marcum, C.D., Jennings, W.G., Higgins, G.E., and Banfield, J. 2014. Low self-control and cybercrime: Exploring the utility of the general theory of crime beyond digital piracy. Original Research Article. Computers in Human Behavior, 34, 165-172.
[11] Froomkin, A.M. 2003. International and National Regulation of the Internet. http://law.tm/docs/International-regulation.pdf (accessed 23.09.2017)
[12] Frunza, M.C. 2016. Chapter 4D – Cybercrime. Introduction to the Theories and Varieties of Modern Crime in Financial Markets. London: Academic Press, pp. 207-220.
[13] Furnell, S., Emm, D., and Papadak,i M. 2015. The challenge of measuring cyber-dependent crimes.Original Research Article. Computer Fraud & Security, 10, 5-12.
[14] Gercke, M. 2011. Understanding Cybercrime: A Guide for Developing Countries. ITU, pp. 199.
[15] Goodman, M. 2010. International Dimensions of Cybercrime. Cybercrimes: A Multidisciplinary Analysis. Berlin: Heidelberg, pp. 77-79.
[16] Hughes, J. 2003. The Internet and the Persistence of Law. B.C.L., 44(2). http://lawdigitalcommons.bc.edu/bclr/vol44/iss2/4 (accessed 23.09.2017)
[17] Jahankhani, H., Al-Nemrat A., and Hosseinian-Far, A. 2014. Cybercrime classification and characteristics. Cyber Crime and Cyber Terrorism Investigator's Handbook. New York: Syngress, pp. 149-164.
[18] Katos, V., and Bednar, P.M. 2008. A cyber-crime investigation framework. Original Research Article. Computer Standards & Interfaces, 30(4), 223-228.
[19] Konradt, C., Schilling, A., and Werners, B. 2016. Phishing: An economic analysis of cybercrime perpetrators. Original Research Article. Computers & Security, 58, 39-46.
[20] Konradt, C., Schilling, A., and Werners, B. 2016. Phishing: An economic analysis of cybercrime perpetrators. Original Research Article. Computers & Security, 58, 39-46.
[21] Levin, J., and McDevitt, J. 2015. Hate Crimes. International Encyclopedia of the Social & Behavioral Sciences (Second Edition). Boulder, CO: Westview Press, pp. 540-545.
[22] Lovet, G. 2009. Fighting Cybercrime: Technical, Juridical and Ethical Challenges. Virus Bulletin Conference, Geneva, 23 September 2009, pp. 63–76.
[23] Rughiniş, C., and Rughiniş, R. 2014. Nothing ventured, nothing gained. Profiles of online activity, cyber-crime exposure, and security measures of end-users in the European Union. Original Research Article. Computers & Security, 43, 111-125.
[24] Sammons, J., and Cross, M. 2017. Cybercrime. The Basics of Cyber Safety. New York: Syngress, pp. 87-116.
[25] Schjolberg, S., and Ghernaouti-Helie, S.A. 2009. Global Treaty on Cybersecurity and Cybercrime. Oslo: Cybercrimedata, pp. 92.
[26] Shipley, T.G., and Bowker, A. 2014. Detection and Prevention of Internet Crimes. Investigating Internet Crimes. New York: Syngress, pp. 375-399.
[27] Shipley, T.G., Bowker, A., Todd, G. 2014. Covert Operations on the Internet. Investigating Internet Crimes. New York: Syngress, pp. 233-252.
[28] Sieber, U. 2008. Mastering Complexity in the Global Cyberspace: The Harmonization of Computer-Related Criminal Law. In Delmas-Marty, M, Pieth, M and Sieber, U. (eds). Collection de L’UMR de Droit Comparé de Paris, Bd. 15. Paris: Société de legislation compare.
[29] Solak, D., and Topaloglu, M. 2015. The Perception Analysis of Cyber Crimes in View of Computer Science Students. Original Research Article. Procedia – Social and Behavioral Sciences, 182, 590-595
[30] Staniforth, A. 2014. Police investigation processes: practical tools and techniques for tackling cyber crimes. Cyber Crime and Cyber Terrorism Investigator's Handbook. New York: Syngress, pp. 31-42.
[31] Tropina, T. 2010. Cybercrime and Organized Crime. Freedom from Fear Magazine, 3, 8.
[32] Tunis Agenda for the information society. WSIS-05/TUNIS/DOC/6(Rev.1)-E, 18 November 2005. (2005). http://www.itu.int/net/wsis/docs2/tunis/off/6rev1.pdf (accessed 23.10.2017)
[33] United Nations Department of Economic and Social Affairs. Public Administration and Development Management. United Nations Department of Economic and Social Affairs. https://www.un.org/development/desa/en/ (accessed 23.10.2017)
[34] Wall, D.S. 2007. Policing Cybercrimes: Situating the Public Police in Networks of Security within Cyberspace. Police Practice and Research, 8(2), 183–205
[35] Yakushev, M. (n.d.). Actual Trends in the Legal Regulation of the Internet. https://www.enog.org/presentations/enog-1/52-Actual_Trends_Internet_Regulation.pdf (accessed 23.09.2017).
[36] Yerdzhanov, Т.К., and Таnekova, M.O. 2015. Legal regulation of social networks in the Republic of Kazakhstan. Bulletin of the Kazakh National University. International Law and International Relations Series. 3 (71), 78-82.
[37] Кotsar, Y., and Bevza, D. 2014. Where Does the Internet Dependence Come From. http://www.gazeta.ru/tech/2014/12/23_a_6356077.shtml (accessed 23.10.2017)
[38] Таnekova, М. 2015. Social Networks as a threat to national security. Materials of the XI International Scientific and Practical Conference, Prospects of law Science, July 30- August 7, 2015, Sheffield. pp. 65-67.
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