Cyber terrorism challenges: The need for a global response to a multi-jurisdictional crime

With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism” at the present time, many international organisations have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks; they require a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Without the aid of international organisations, it is difficult to prevent cyber terrorism. At the same time, international organisations determine which state court, or international court, has the authority to settle a dispute. The objective of this paper is to analyse and review the effectiveness and sufficiency of the current global responses to cyber terrorism through the exercise of international jurisdiction. This article also touches upon the notion of cyber terrorism as a transnational crime and an international threat; thus, national regulations alone cannot prevent it. The need for an international organisation to prevent and defend nations from cyber terrorism attacks is pressing. This paper finds that, as cyber terrorism is a transnational crime, it should be subjected to universal jurisdiction through multinational cooperation, and this would be the most suitable method to counter future transnational crimes such as cyber terrorism.     

网络犯罪刑事管辖权研究

网络空间的全球性、开放性、不确定性和非中心性,使存在于网络空间的网络犯罪对传统的刑事管辖提出了挑战,传统刑事管辖理论似乎难以统领各国网络犯罪管辖实践。对传统刑事管辖理论进行全方位反思,探讨和研究网络犯罪刑事管辖权对理论和实践都具有重要意义。     

Government protection against terrorism and crime

A game theoretic model is developed where a government protects against a terrorist seeking terrorism and criminal objectives. A terrorist can recruit a benefactor providing funds by remaining ideologically pure, or may resort to crime. The model accounts for the players’ resources, unit costs of effort, unit benefit and valuations and contest intensities for terrorist and crime objectives. We determine and quantify how these factors and the government impact a terrorist’s terrorism and crime efforts and relative ideological orientation on a continuum from being highly ideological to being highly criminal. We also consider how the terrorist group is impacted by support of benefactor(s), the central authority’s ability to impose greater sanctions for terrorist activities compared to criminal actions and the ideological orientation of the group’s leadership. We discuss insights from the model and consider a few historical perspectives.     

海盗行为和海上恐怖主义行为的比较研究

海盗行为和海上恐怖主义行为受国际政治经济因素的影响,近年来在国际上呈现愈演愈烈之势。本文通过对国际条约中有关两者的定义和主要管辖机制的对比分析,试图找出两者的共同之处,以期对打击两种犯罪提出建议。     

United States' and Australian principles on internet jurisdiction: A case for Australia to consider United States' hegemony on jurisdiction

The United States and Australia have been facing the issue of internet jurisdiction. The United States is an epitome of a country that has considered the challenges posed by the internet to the traditional law. It has developed its own tests to help resolve the issue, which have evolved over time and in comparison with other jurisdictions, and it has been successful. Conversely, the Australian legal system is in a stage of infancy regarding such challenges and has developed its own approach. This paper focuses on the anomalies between the United States' and Australian principles or approaches to internet jurisdiction by analysing and discussing the three leading cases that are benchmarks in the respective jurisdictions. Finding the fundamental difference between the two approaches, the paper elucidates the United States hegemony on internet jurisdiction by comparing the shortcomings of the respective cases. Finally, this paper makes a case for the Australian courts to consider an approach based on the one practised by the United States courts to tackle the ever-evolving issue of internet jurisdiction.     

恐怖主义犯罪原因研析——兼论恐怖主义犯罪研究的方法论

恐怖主义犯罪是为实现一定的政治目的,通过暴力或暴力威胁以及其他非暴力手段制造社会恐怖,侵害他人生命财产的犯罪行为。其在犯罪主体、动机、目的、行为等方面都具有自己的特点,因而不能用传统的个体论的方法探究其产生的根源,而必须将之作为一种犯罪现象从宏观的角度用整体论的方法去研究。作者借鉴著名犯罪学家迪姆凯尔和默顿的犯罪学理论,通过对恐怖主义犯罪现象进行分析,认为恐怖主义犯罪的原因在于各特定社会的文化目标的冲突以及对制度化手段的不同选择。因而只有尊重各种文明的独特性,协调它们的冲突,才是治理恐怖主义犯罪的根本策略。     

A Time-Series Analysis of Terrorism: Intervention,Displacement, and Diffusion of Benefits

This paper discusses the perception that displacement in terrorism is inevitable; that antiterrorism efforts merely relocate terrorism in some way. Using quarterly time-series data from the Global Terrorism Database (1994–2013) and the vector autoregression framework, we test the following hypothesis: the target-hardening efforts within the United States (US) after September, 11, 2001 reduce attacks on domestic US targets, but increase attacks on US targets abroad. To provide a more comprehensive test, we also provide dynamic impact factors and variance decompositions. The results of this intervention analysis show no support for displacement, and instead provide support for a diffusion-of benefits hypothesis. We also discuss how criminological and especially crime-prevention knowledge can guide and encompass the study of terrorism.     

A social graph based text mining framework for chat log investigation

This paper presents a unified social graph based text mining framework to identify digital evidences from chat logs data. It considers both users' conversation and interaction data in group-chats to discover overlapping users' interests and their social ties. The proposed framework applies n-gram technique in association with a self-customized hyperlink-induced topic search (HITS) algorithm to identify key-terms representing users' interests, key-users, and key-sessions. We propose a social graph generation technique to model users' interactions, where ties (edges) between a pair of users (nodes) are established only if they participate in at least one common group-chat session, and weights are assigned to the ties based on the degree of overlap in users' interests and interactions. Finally, we present three possible cyber-crime investigation scenarios and a user-group identification method for each of them. We present our experimental results on a data set comprising 1100 chat logs of 11,143 chat sessions continued over a period of 29 months from January 2010 to May 2012. Experimental results suggest that the proposed framework is able to identify key-terms, key-users, key-sessions, and user-groups from chat logs data, all of which are crucial for cyber-crime investigation. Though the chat logs are recovered from a single computer, it is very likely that the logs are collected from multiple computers in real scenario. In this case, logs collected from multiple computers can be combined together to generate more enriched social graph. However, our experiments show that the objectives can be achieved even with logs recovered from a single computer by using group-chats data to draw relationships between every pair of users.     

A study on the forensic mechanisms of VoIP attacks: Analysis and digital evidence

This paper discusses the use of communication technology to commit crimes, including crime facts and crime techniques. The analysis focuses on the security of voice over Internet protocol (VoIP), a prevention method against VoIP call attack and the attention points for setting up an Internet phone. The importance of digital evidence and digital forensics are emphasised. This paper provides the VoIP digital evidence forensics standard operating procedures (DEFSOP) to help police organisations and establishes an experimental platform to simulate phone calls, hacker attacks and forensic data. Finally, this paper provides a general discussion of a digital evidence strategy that includes VoIP for crime investigators who are interested in digital evidence forensics.     

Guidelines for the identification of unknown samples for laboratories performing forensic analyses for chemical terrorism

Since the early 1990s, the FBI Laboratory has sponsored Scientific Working Groups to improve discipline practices and build consensus among the forensic community. The Scientific Working Group on the Forensic Analysis of Chemical, Biological, Radiological and Nuclear Terrorism developed guidance, contained in this document, on issues forensic laboratories encounter when accepting and analyzing unknown samples associated with chemical terrorism, including laboratory capabilities and analytical testing plans. In the context of forensic analysis of chemical terrorism, this guidance defines an unknown sample and addresses what constitutes definitive and tentative identification. Laboratory safety, reporting issues, and postreporting considerations are also discussed. Utilization of these guidelines, as part of planning for forensic analysis related to a chemical terrorism incident, may help avoid unfortunate consequences not only to the public but also to the laboratory personnel.     

Emotions and terrorism research: A case for a social-psychological agenda

Limited attention has been paid to the intersection of emotions and the etiology of terrorism. Instead, research priorities have tended to focus on the structural (e.g., poverty; weak and failing states), sociopolitical (e.g., U.S. foreign policy; a “clash of civilizations”), or codal (e.g., madrassas; Wahhabism). The aim here is to outline an agenda which transitions discourse related to the “body” of the terrorist (i.e., his/her historical and social positioning) to one focused on intrapsychic and interpersonal emotional processes. As such, scholarship's predictive and explanatory capacities will be heightened if it adopts a perspective grounded in the emotions of terrorists and their source communities, particularly for those phenomena that suggest a fluidity of movement of actors across a continuum of zealotry. Criminology and criminal justice are well suited to assess the expressive byproducts of humiliated fury, contempt, moral outrage, and disgust and how such emotions may distillate as impulses that form a basis for terror.     

The Market for Scientific Crime Prevention: A Comparative Study of Canada and Venezuela

Crime prevention is an activity that, sooner or later, requires the concourse of science. But the dictates of science may not mesh well with the social, institutional and political considerations that are persistent and powerful determinants of collective action. To the extent that they are ignored, crime prevention is less scientific and more pragmatic. Using a marketing metaphor, this paper examines selected aspects of the supply of and demand for scientific crime prevention in Canada and Venezuela from 1949 to the present. In both countries, academic entrepreneurs are revealed to be a necessary factor in the sale of crime prevention to government. On the demand side, governments adopt and adapt crime prevention policies in relation to their broader perspective on social problems and social change. However, rising crime rates and climates of urgency reduce the attractiveness of crime prevention. Scientific crime prevention is easier to sell when crime rates are stable or declining.     

Transnational organized crime and gun violence. A case for firearm forensic intelligence sharing

A threat to the safety of citizens in any country, the criminal misuse of firearms presents a wider danger to a nation's security, peace, stability and development. Firearms and their related evidence know no borders. It is not uncommon to find the murder weapon from a shooting in one city ending up in another city, country, or continent. No country remains unaffected by firearm violence. This paper describes how transnational organized crime and gun violence are interrelated, and makes the case for the international sharing of firearm forensic intelligence through Interpol's IBIN Program as an integral component of an intelligence-led policing strategy to combat cross-border gun related crime. With such a strategy in place, internationally mobile criminals who use firearms to further their illicit activities can no longer escape detection.     

“入世”后我国商标犯罪的立法完善

清除与ＷＴＯ规则相冲突的有关法律,制定并完善与ＷＴＯ规则相适应的法律,是目前我国立法的重要任务之一。我国刑法在对商标的保护对象、关于假冒注册商标罪的行为范围以及关于其它商标犯罪的规定等方面均有待完善。应该扩大假冒注册商标罪的行为范围、增设反向假冒商标罪并将假冒注册服务商标行为明文规定为犯罪。     

论罪刑法定原则的社会基础

罪刑法定原则的立法化 ,当然离不了学者们的创构与证成 ,但是关键还在于社会的现实需要。在一定意义上讲 ,罪刑法定原则的立法化与社会的现实结构紧密相关。在中国 ,伴随着一元化社会结构的是源远流长的刑事类推制度 ,而随着市民社会的兴起和二元化社会结构的成长 ,罪刑法定原则终于实现了立法化。     

The multidimensionality of crime: A comparison of techniques for scaling delinquent careers

The construction of typologies of criminal behavior can benefit from the use of multidimensional analytic methods. Yet while some studies have applied such techniques to crime data (e.g., Shortet al, 1963; Nutch and Bloombaum, 1968; Chaiken and Chaiken, 1982), few have examined the assumptions of these methods as they apply to arrest histories. We argue that arrest histories represent a special form of data that are not ideally suited to standard multidimensional analyses. An examination of the different theoretical assumptions of factor analysis, multidimensional scaling, and variance centroid scaling (a form of correspondence analysis) reveals marked difierences in what is being uncovered by the analysis. In general, these claims are supported by an application of each technique to the arrest histories of 767 chronic juvenile delinquents.     

经济犯罪死刑立法的多维解析

经济犯罪的概念对破坏市场经济秩序罪具有评价功能,而后者对前者具有载体功能。这一命题使得经济犯罪死刑立法的分析更具明确性。经济犯罪死刑立法的本质问题是刑法的政治性过度侵蚀刑法的道德性。经济刑法过度政治化的约束条件主要有4个,即工具主义刑法观、民主性不足的立法程序、老一代政治家的政治情感、法典主义的立法技术。随着这4个因素的先后变化,预计经济犯罪的死刑立法将很快得到改观。     

论罪刑法定原则两种解释范式的内在统一——兼论罪刑法定原则的程序意义

罪刑法定原则的形式主义解释范式(大陆法系)和实质主义解释范式(英美法系)是两大法系不同制度背景下的产物,各有其存在的合理性,从而有着价值取向上的一致性。将两种不同解释范式理解为是罪刑法定原则蕴涵的价值冲突的结果,实是一种误读。     

Prison commitments,crime, and unemployment: A theoretical and empirical specification for the United States, 1933–1985

This paper examines sources for the changing commitment rates to U.S. state prisons (PCR) from 1933 to 1985 using a variety of time-series techniques. Theoretically, it resolves ambiguous interpretations of how crime, unemployment, and imprisonment are related. Hypotheses that crime and punishment are in equilibrium are rejected. Our final specification supports theories integrating institutionally endogenous and socially exogenous causes of prison use and includes feedback effects between crime and punishment. We reached several general conclusions. (1) Changes in PCR are due partly to changes in the levels of unemployment, age composition of the population, and military active-duty rates. (2) Effects of the criminal justice system, captured as autoregressive institutional drift, account for approximately half of the year-to-year fluctuations in the PCR. The contemporaneous prison discharge rate also influences the rate of prison commitments. (3) Neither the specified nor the unspecified institutional effects mediate the effects of other exogenous variables. (4) Under most simultaneous-equation specifications, the crime rate is moderately influenced by the contemporaneous unemployment rate and strongly influenced by prior levels of prison commitments. The preferred simultaneous causal model estimates a modest positive coefficient for the unemployment-crime causal path and a substantial positive coefficient for the unemployment-prison commitment causal path.