Technology and Crime
Criminal Law Research Paper
Whenever a new technology is found, like a double-edged sword, it often brings both more convenient life and possibility of danger in which potential exploitation of gap that might occur in its initial developing stage. For the past 20 years, computer related technologies and industry have been continuously advancing at radical speeds that greatly changed our way of life. The introduction of internet and digitalization of data has saved us enormous time and work required otherwise would have been wasted. On the other hand, however, it aided whole new types of property offences that are distinct from traditional ones to arise which posses’ difficulties in dealing with them by traditional way of approaching property offences. The main difficulties are, first, ‘Offences that were traditionally committed as interpersonal offences can now be committed at extreme distances and without the personal involvement of any victim. Second, the object of such offences may not amount to larcenable property or, indeed, property at all.’[1]
Examples of these crimes include, electronic funds transfer crime, electronic money laundering, [2]counterfeiting, and software piracy.[3] Contrary to traditional property offences, computers coupled with telecommunications technology enables offenders not to leave any traces of usual biological evidence in interpersonal offences such as finger prints or hair that could lead to the offender through forensic tests. Even if the police traced back the computer that the fund transfer crime was originated, the actual offender would be uncertain if it’s located in internet café which is used by numerous customers. This anonymity is considered the major attraction for offenders with advanced computer skills to commit such crimes. This paper will discuss the effectiveness of the current law in protecting the people from the new treats and possible policies or methods that could be implemented by authorities to combat this
Whenever a new technology is found, like a double-edged sword, it often brings both more convenient life and possibility of danger in which potential exploitation of gap that might occur in its initial developing stage. For the past 20 years, computer related technologies and industry have been continuously advancing at radical speeds that greatly changed our way of life. The introduction of internet and digitalization of data has saved us enormous time and work required otherwise would have been wasted. On the other hand, however, it aided whole new types of property offences that are distinct from traditional ones to arise which posses’ difficulties in dealing with them by traditional way of approaching property offences. The main difficulties are, first, ‘Offences that were traditionally committed as interpersonal offences can now be committed at extreme distances and without the personal involvement of any victim. Second, the object of such offences may not amount to larcenable property or, indeed, property at all.’[1]
Examples of these crimes include, electronic funds transfer crime, electronic money laundering, [2]counterfeiting, and software piracy.[3] Contrary to traditional property offences, computers coupled with telecommunications technology enables offenders not to leave any traces of usual biological evidence in interpersonal offences such as finger prints or hair that could lead to the offender through forensic tests. Even if the police traced back the computer that the fund transfer crime was originated, the actual offender would be uncertain if it’s located in internet café which is used by numerous customers. This anonymity is considered the major attraction for offenders with advanced computer skills to commit such crimes. This paper will discuss the effectiveness of the current law in protecting the people from the new treats and possible policies or methods that could be implemented by authorities to combat this
Bibliography: 3. Russell Smith, Criminal Exploitation of New Technologies AIC Trends and Issues in Crime and Criminal Justice No93 (July 1998) 4 5. Australian Bureau of Statistics 1997, Recorded Crime, Australia 1996, ABS Catalogue No. 4510.0, AGPS, Canberra (1998), Yearbook Australia, ABS Catalogue No. 1301.0, AGPS, Canberra. 6. P.N. Grabosky, Russell G. Smith, Paul Wright, Crime and Telecommunications AIC Trends and Issues in Crime and Criminal Justice No 59 (August 1996) 7 8. Peter Grabosky, Technology & Crime Control, AIC Trends and Issues in Crime and Criminal Justice No 78 (January 1998) ----------------------- [1] Brown et al, Criminal Laws, The Federation Press pg 1058 [2] P Grabosky & R Smith, Crime in the Digital Age: Controlling Telecommunications and Cyberspace Illegalities (1998) The Federation Press chapter 1 [5] Australian Bureau of Statistics 1997, Recorded Crime, Australia 1996, ABS Catalogue No. 4510.0, AGPS, Canberra (1998), Yearbook Australia, ABS Catalogue No. 1301.0, AGPS, Canberra. [6] P.N. Grabosky, Russell G. Smith, Paul Wright, Crime and Telecommunications AIC Trends and Issues in Crime and Criminal Justice No 59 (August 1996) pg 2 to 3 [7] Russell G [10] P.N. Grabosky, Russell G. Smith, Paul Wright, Crime and Telecommunications AIC Trends and Issues in Crime and Criminal Justice No 59 (August 1996) pg 5