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Module 6: Cyber Crime Policing and Prosecution in Nigeria: Issues, Challenges and
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1.0 INTRODUCTION
Cybercrimes are basically technology-based and technology-enabled crimes. They are often complex in nature and always evolving. Therefore studying and investigating cybercrime is fraught with several challenges.
2.0 OBJECTIVE
This unit examines the challenges of studying and investigating cybercrime as discussed by Graham and Smith (2020) namely: defining cybercrime, rapidly changing laws, changing law enforcement practices, understanding the context and understanding the
“how”s and “why”s of cybercrime . 3.0 MAIN CONTENT
3.1 Defining Cybercrime
The public is confronted with the challenge of developing adequate vocabulary and sets of definitions for the explanation and understanding of cybercrime related phenomena. A certain definition of cybercrime tend to place emphasis on the environment an activity took place rather than the activity itself. From that perspective, any criminal or deviant activity that is mediated with computer technology is cybercrime or cyberdeviance. For example, stalking a person is a traditional crime. However, when stalking is done through social media-in cyberspace- stalking now become cyberstalking and therefore a cybercrime. There are some malicious behaviours online that may not fit into the existing definitions of cybercrime and what is considered cyberdeviance will normally depend on the context.
3.2 Rapidly Changing Laws
Digital technological developments are moving at a pace that the legal system is struggling to keep up with. Enacting of new laws is a fundamental requirement for keeping pace with changes in technology and social patterns. But the process of enacting new cybercrime laws is not without challenges as the new laws may not actually address
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the problems they intended to due to lack of understanding about the problems. For example, while some people are advocating for the criminalization of use of fake identity online, others are opposed to the idea as they argue that it may be used with good motive.
For example, a whistleblower may want to conceal him/her identity.
3.3 Changes in Law Enforcement Practices
There are studies that suggest that most cybercriminals are from different backgrounds and social context than traditional criminals. The infrastructure and cultural patterns of law enforcement are oriented towards street crimes and potential street criminals.
However, to be able to effectively combat the upsurge in cybercrime, law enforcement need to reorient themselves to cybercriminals as their backgrounds are very likely different from those of traditional criminals. Another change in law enforcement is their learning and institutionalizing of cyberspace investigation techniques. This they have demonstrated in three ways: i. Law enforcement authorities have learned how and when to request evidence from intermediaries through court order, subpoena and warrant. ii.
They have developed strategies for following a person‟s digital trail online. iii. Law enforcement personnel trained in digital forensics can extract digital evidence at the binary level on a hard drive. Notwithstanding the development of these new techniques, investigating and solving cybercrime remains more tasking than street crimes, especially because of its transnational nature. For example, law enforcement agencies may encounter difficulty when a suspect is from another country, as security agencies in other countries may not cooperate with investigators.
3.4 Understanding the Context
It is important that cybercrime scholars consider the cultural context in which cybercrime takes place. It is argued that because cybercrime is largely symbolic in nature, there is need to consider how the crime and victimization are socially constructed compared to other types of crimes. For example, cyber bullying or the theft of a person‟s identity online will be subject to more interpretation than the physical assault of a person. Also,
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depending upon the context, a negative social media post may be taken lightly as “just words” or taken seriously as capable of causing psychological trauma.
3.5 Understanding the “How”s and “Why”s of Cybercrime
Theoretically informed scholarly researches are needed in order to understand how and why cybercrime occur. The “how”s and “why”s provides understanding to cybercrime problem:
● Effective laws and social policies originate from rigourous, nonpartisan scholarship that accurately defines and describes cybercrime phenomena.
● Knowing root social causes of cybercrime offending and developing accurate profiles of cybercriminals can assist law enforcement in anticipating and investigating cybercrime.
● Scholarship on victimization can assist social workers and other victim assistance professionals in threating those who have been hurt by cybercrime.
4.0 CONCLUSION
Cybercrime researchers and law enforcement need to be familiar with the several challenges that confront them in their efforts to study and investigate cybercrime.
Understanding of the challenges is undoubtedly an important step towards making efforts to ameliorate them. Although, Graham and Smith‟s perspective on these challenges which are summarized in this unit is not exhaustive, it provides a background for understanding the challenges of cybercrime investigation.
5.0 SUMMARY
This unit discussed the challenges of studying and investigating cybercrime as presented by Graham and Smith (2020) namely: defining cybercrime, rapidly changing laws, changing law enforcement practices, understanding the context and understanding the
“how”s and “why”s of cybercrime .
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6.0 TUTOR-MARKED ASSIGNMENT
Graham and Smith‟s (2020) identified some challenges that are associated with studying and investigating cybercrime. Enumerate and explain these challenges.
7.0 REFERENCES/FURTHER READING
Graham, R.S. & Smith, S.K. (2020). Cybercrime and Digital Evidence. New York:
Routledge: Taylor and Francis Group.
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