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E. R. Leukfeldt 《Trends in Organized Crime》2014,17(4):231-249
This paper presents a case study of phishing in Amsterdam, demonstrating that the current literature on criminal phishing networks provides an incomplete picture of this form of organized crime. The paper adds to the current literature by describing an organized group of phishers whose relationships are based on real-world social networks rather than internet forums, and who mainly use social engineering rather than malware as a tool to acquire information from their victims. Because the origin and growth of the Amsterdam network differ from those of groups previously described, other possibilities for situational crime prevention arise. In addition to technological measures, for example those aimed at forums, this article focuses on measures that target the social ties on which the networks are based. 相似文献
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Nordic police cooperation concerning cybercrimes has been developed during the last few years, e.g. through the Nordic Computer Forensics Investigators (NCFI) and Nordplus training programmes. More empirical research is needed in order to enhance cybercrime investigation and address the training needs of police officers. There is a knowledge gap concerning organizational models for the police’s cybercrime investigation: How the function is organized, what the professional characteristics of the staff are and how to combine computer forensics with crime investigation? The purpose of this paper was to study the organization of cybercrime investigation in Finland. Data were collected by a questionnaire from all 11 local police districts and the National Bureau of Investigation in July–August 2014. In addition, six thematic interviews of cybercrime investigators were conducted in 2014. Three investigation models of computer integrity crimes were found: (1) Computer forensic investigators conduct the entire pre-trial examination, (2) Computer forensic investigators conduct only the computer forensics, and tactical investigation is done by an occasional investigator, (3) Computer forensic investigators conduct only the computer forensics and tactical investigation is centralized to designated investigators. The recognition of various organizational models and educational backgrounds of investigators will help to develop cybercrime investigation training. 相似文献
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《Global Crime》2013,14(1):146-157
Cyberspace and thus cybercrime know no boundaries. This chapter reviews some of the basic forms of cybercrime, draws specific attention to the issues that arise when offences occur across borders and in relation to organised criminal groupings, and provides illustrations based on some of the more celebrated cases of the past few years. The borderless nature of cyberspace and the exponential take-up of digital technology throughout the world guarantee that transnational cybercrime will remain a challenge. Fortunately, many nations are rising to this challenge, individually and collectively, but the web of international cooperation does have its holes and those nations that lag behind the leaders risk becoming havens for cybercriminals of the future. 相似文献
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Extraterritorial criminal jurisdictionCouncil of Europe, European Committee on Crime Problems 相似文献5.
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论仲裁员的管辖权与可仲裁性问题 总被引:1,自引:1,他引:0
针对仲裁员的管辖权与可仲裁性这两个容易混淆的问题,结合有关国际公约和各国法律分别进行深入探讨,并对中国当前存在的问题提出了建议. 相似文献
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国际反网络犯罪立法及其对我国的启示——以《网络犯罪公约》为中心 总被引:2,自引:0,他引:2
《网络犯罪公约》作为国际社会反对网络犯罪、加强国际合作的重要产物,第一次明确了网络犯罪行为的种类及行为人的责任,规定了有关电子证据调查的特殊程序法制度,并确立了网络犯罪管辖的基本原则。但也存在网络犯罪圈划定范围过大、人权与自由保护不足、管辖权过分包容并易导致冲突等问题。因此对该公约需理性看待,应发掘、借鉴其闪光点来推动我国的网络犯罪立法。 相似文献
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香港的海事审判管辖权 总被引:1,自引:0,他引:1
根据香港高等法院法令第12条的规定,介绍了香港海事法院的管辖事项的范围、管辖权的行使方式、提出管辖权异议的理由,以及香港海事法院的收费标准等。 相似文献
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Regulatory competition and regulatory jurisdiction 总被引:1,自引:0,他引:1
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国际刑事管辖权是国家之间确立的对国际犯罪进行缉捕、起诉、审判和惩处的重要管辖体系。本文首先论述了传统的四种国际刑事管辖权,即属地管辖权、属人管辖权、保护性管辖权和普遍管辖权。接着本文阐述了前南国际刑事法庭和卢旺迭国际刑事法庭对国际刑事管辖权的发展,然后,本文分析了《国际刑事法院罗马规约》对国际刑事管辖权的挑战。最后,本文分析了我国的从中引发的相关启示。 相似文献
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Spamming is a major threat to the formation of public trust in the Internet and discourages broader civil participation in the emerging information society. To the individual, spams are usually little more than a nuisance, but collectively they expose Internet users to a panoply of new risks while threatening the communications and commercial infrastructure. Spamming also raises important questions of criminological interest. On the one hand it is an example of a pure cybercrime – a harmful behaviour mediated by the Internet that is the subject of criminal law, while on the other hand, it is a behaviour that has in practice been most effectively contained technologically by the manipulation of ‘code’ – but at what cost? Because there is not an agreed meaning as to what constitutes ‘online order’ that renders it simply and uncritically reducible to a set of formulae and algorithms that can be subsequently imposed (surreptitiously) by technological processes. The imposition of order online, as it is offline, needs to be subject to critical discussion and also checks and balances that have their origins in the authority of law. This article deconstructs and analyses spamming behaviour, before exploring the boundaries between law and code (technology) as governance in order to inform and stimulate the debate over the embedding of cybercrime prevention policy within the code itself. 相似文献
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Pardis Moslemzadeh TehraniAuthor VitaeNazura Abdul ManapAuthor Vitae 《Computer Law & Security Report》2013
Cyberspace is a cross-national world that transcends geopolitical national borders. Jurisdiction is the focal point for any dispute arising in the international arena, because it determines which state court has the authority to settle a dispute. The objective of this paper is to analyse territorial and universal jurisdiction principles which can be specifically related to cyberspace to determine which of them is best suited to providing the appropriate jurisdiction in combating cyber terrorism and how conflicts arising between them can be settled. The transnational nature of cyber terrorism offences leads to jurisdictional complexity, thereby investigation and prosecution is difficult. Lack of harmonisation in legislating among countries leads to difficulty in investigation and prosecution of cyber terrorism offences. This paper notes that universal jurisdiction is the most feasible and effective method to deter cyber terrorism. 相似文献
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Matti Näsi Atte Oksanen Teo Keipi Pekka Räsänen 《Journal of Scandinavian Studies in Criminology & Crime Prevention》2013,14(2):203-210
This study examines cybercrime victimization, what some of the common characteristics of such crimes are and some of the general predictors of cybercrime victimization among teenagers and young adults. A combined four-country sample (Finland, US, Germany and UK; n = 3,506) is constructed from participants aged between 15 and 30 years old. According to the findings, online crime victimization is relatively uncommon (aggregate 6.5% of participants were victims). Slander and threat of violence were the most common forms of victimization and sexual harassment the least common. Male gender, younger age, immigrant background, urban residence, not living with parents, unemployment and less active offline social life were significant predictors for cybercrime victimization. 相似文献
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对网络侵权案件的司法管辖权 总被引:8,自引:0,他引:8
网络空问的存在及其全球性、管理非中心化的特点,使国际私法中司法管辖权发生动摇,为此,各国都在进行探索,但做法不一,由此在司法实践中引起了一定的混乱.为了探寻新的管辖模式,学者们提出了管辖权相对论、网址来源国法规则、国际礼让原则、最低限度联系原则等不同的观点.针对这种情况,笔者提出了解决网络管辖权争议的几点设想,即充分考虑网站的互动性、限制网络以外的促销或广告、慎选交易对手所居住的地区、尽量利用契约加以约定,注意广告的内容与免责声明等. 相似文献
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Soumyo D. Moitra 《国际比较与应用刑事审判杂志》2013,37(2):105-123
This paper discusses some approaches for a comprehensive analysis of cybercrime for both a better understanding of the phenomenon and policies to control it. We first discuss the nature of cybercrime, and review some of the related research issues. In view of its newness, we develop taxonomies for a more systematic classification of the different types of cybercrimes. Next, we explore some of the main empirical questions that need to be studied regarding cybercrime and describe some modeling approaches as well as the data requirements for a better understanding. 相似文献