Journal of Internet and Information Systems
Subscribe to JIIS
Full Name*
Email Address*

Article Number - 930ADF960210


Vol.6(1), pp. 1-12 , August 2016
https://doi.org/10.5897/JIIS2015.0089
ISSN: 2141-6478


 Total Views: 0
 Downloaded: 0

Review

Challenges to enforcement of cyber-crimes laws and policy



Ajayi, E. F. G.
  • Ajayi, E. F. G.
  • School of Law, Kenyatta University, Nairobi, Kenya.
  • Google Scholar







 Received: 04 August 2015  Accepted: 25 July 2016  Published: 31 August 2016

Copyright © 2016 Author(s) retain the copyright of this article.
This article is published under the terms of the Creative Commons Attribution License 4.0


Cybercrime, a concept which to date has defied a globally accepted definition, appears to be the latest scourge plaguing man and same has occupied the cynosure. The word “cybercrime” is on the lips of almost everyone involved in the use of the computer and Internet, be it individual, corporate, organization, national, multinational or international. The attention accorded cybercrimes is not far-fetched; on one hand, it is partly rooted in its unavoidable nature as a result of the fact that telecommunications via the cyberspace, is the veritable means by which social interaction, global trade and commerce are transacted; and on the other, the economic losses to which all citizens are exposed whether now or in the nearest future. Aside economic losses, other consequences of cybercrimes includes but not limited to setback to the brand image and company reputation otherwise known as goodwill, loss of intellectual property and sensitive data, opportunity costs which includes but not limited to service and employment disruptions, penalties and compensatory payments to affected clienteles, contractual compensation for delays, cost of countermeasures and insurance, cost of mitigation strategies and recovery from cyber-attacks, the loss of trade and competitiveness, distortion of trade and job loss. This paper argues that it is not as if relevant laws and regulations are not in place because some advanced nations in the world have in one form or another, laws against cybercrimes, yet, the challenge of cybercrimes remains intractable and bewildering. As nations across the globe strives to curb cybercrimes through the instrumentality of the law, so are the cyber criminals devising new and sophisticated techniques to further their trade, thereby rendering impotent, the extant legal measures. This Article intends to bring to the fore, a comprehensive account of why cybercrimes remains an albatross in order showcase the enormity of the challenge faced by humanity, in the hope that, when the extent of the problem is known, may be, a global solution would timeously be fashioned out, to stem the tide of cybercrimes.

Key words: Cybercrimes, cyber criminals, challenges, enforcement, economic losses.

Ahamad M, Amster D, Barrett M, Cross T, Heron G, Jackson D, King J, Lee W, Naraine R, Ollmann G, Ramsey J, Schmidt HA, Traynor P (2008). Emerging Cyber Threats Report for 2009, Georgia Tech Information Security Centre. Georgia Inst. Technol. 9p.

 

Ajayi EFG (2015). The Challenges to Enforcement of Cybercrimes Laws and Policy. International Journal of Information Security and Cybercrime, 4(2):33-48. Available at: http://www.ijisc.com/year-2015-issue-2-article-4/

 
 

Ajayi EFG (2016). The Impact of Cybercrimes on Global Trade and Commerce. Available at SSRN: 
Crossref

 
 

Bassiouni MC (1999). The Sources and Content of International Criminal Law: A Theoretical Framework, 1 International Criminal Law 3-126. 2:353-356

 
 

Centre for Strategic and International Studies (CSIS) (2014). Net Losses - Estimating the global cost of cybercrime. Economic impact of cybercrime II. June 2014. pp. 1-24. Available at: 

View

 
 

Chang W, Chung W, Chen H, Chou S (2003). An International Perspective on Fighting Cybercrime,ISI'03 Proceedings of the 1st NSF/NIJ conference on Intelligence and security informatics. pp. 379-384.

 
 

Commonwealth, Litigation Practice (1962). Macfoy versus United Africa Company Limited (West Africa). PC 27 NOV 1961

 
 

Convention on Cybercrime (2001). Summary of the treaty, European Convention on cybercrime. Available at: 

View

 
 

Encyclopedia of Library and Information Science (1977). The modern age regarded as a time in which information has become a commodity that is quickly and widely disseminated and easily available especially through the use of computer technology. Available at: 

View

 
 

Ernst, Young (2003). Fraud: Unmanaged risk. 8th global survey. Global investigations dispute advisory services, South Africa. Available at: 

View

 
 

Hawes J (2014). "2013 An Epic Year for data breaches with over 800 Million records lost." Naked Security, February 19, 2014. Available at:

View

 
 

International Telecommunication Union (2009). Understanding Cybercrime: A Guide for Developing Countries, ITU Telecommunication Development Sector. 

View

 
 

KPMG (2001). Global efraud Survey, KPMG Forensic and Litigation Services. Available at: 

View

 
 

McGuire M, Dowling S (2013). Cyber-crime: A review of the evidence Summary of key findings and implications Home Office Research Report 75, Home Office, United Kingdom, October. 30p.

 
 

Miquelon-Weismann MF (2005). The Convention on Cybercrime: A Harmonized Implementation of International Penal Law: What Prospects for Procedural Due Process?, 23 J. Marshall J. Comput. Info. L. 329.

 
 

Nicholas CAMQC (2008). Emerging Trends in Cyber Crime, 13th Annual Conference - New Technologies in Crime and Prosecution: Challenges and Opportunities, International Association of Prosecutors, Singapore. Available at: 

View

 
 

Oxford Dictionary of Law (2002). Oxford Dictionary of Law 5th Edition p. 132, 149. Available at: 

View

 
 

Paganini P (2013). InfoSec Institute 2013 Cost of cybercrimes 

View

 
 

Sieber U (1997). Memorandum on a European Model Penal Code. P. 2.

 
 

United Nations Office On Drugs And Crime (2014). United Nations Convention Against Corruption. Available at: 

View.

 
 

Uniterd Nation Human Right (2005). Ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Available at: 

View

 
 

Uniterd nations educational scientific and cultural organization (1954). Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention 1954. The Hague, 14 May 1954. Available at: 

View

 

 


APA Ajayi, E. F. G. (2016). Challenges to enforcement of cyber-crimes laws and policy. Journal of Internet and Information Systems, 6(1), 1-12.
Chicago Ajayi, E. F. G.. "Challenges to enforcement of cyber-crimes laws and policy." Journal of Internet and Information Systems 6, no. 1 (2016): 1-12.
MLA Ajayi, E. F. G.. "Challenges to enforcement of cyber-crimes laws and policy." Journal of Internet and Information Systems 6.1 (2016): 1-12.
   
DOI https://doi.org/10.5897/JIIS2015.0089
URL http://academicjournals.org/journal/JIIS/article-abstract/930ADF960210

Subscription Form