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Legislative Tools and Other Means To Combat Electronic Crime

Legislative Tools and Other Means To Combat Electronic Crime. Table of Contents. Legal Aspects of E-Crime . 1. 2. What Can The Government Do To Provide Additional Protection To Its Users? . 3. Other Ways To Prevent Electronic Crimes Or To Be Protected From Such Crimes.

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Legislative Tools and Other Means To Combat Electronic Crime

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  1. Legislative Tools and Other Means To Combat Electronic Crime

  2. Table of Contents Legal Aspects of E-Crime 1 2 What Can The Government Do To Provide Additional Protection To Its Users? 3 Other Ways To Prevent Electronic Crimes Or To Be Protected From Such Crimes Electronic Crimes 4

  3. Legal Aspects of E-crimes

  4. Legislative Vacuum • E-crimes relatively new internationally • New types and methods of e-crimes discovered regularly • There is almost always likely to be a vacuum (bad?) • The reason for a legislative vacuum arises from the time lag in drafting, approving and implementing laws • Laws are stringent and leave little flexibility therefore vacuums can be advantageous to adapt to constantly developing technology and crimes

  5. Steps required to combat e-crimes • Knowledge • Information sharing and dissemination • Cooperation • within companies, associations, banks, telecommunications regulatory, with respect to internationally committed e-crimes (most frequent kind) international organizations/treaties with countries that can support Oman’s call to combat crimes

  6. Recommendations to avoid vacuums • Allow for a quicker method to regulate because of the dynamic e-commerce nature (i.e. regulations by the telecommunication regulatory as oppose to legislative laws) • Identify key areas of e-crime and legislate thereon • Legislate with a mind for protection as oppose to a limitation • Allow for certain arbitrary decisions to be taken when the need arises • Encourage professional witnesses and expert advice

  7. Laws in connection with e-business • All commercial laws: • contract (signatures, binding nature, enforcement, jurisdiction, governing laws), • companies (authority to enter into such transactions, liability on such transactions, enforcement), • tort (concept of harm), • banking (transfer of funds, online banking, purchases, and other financial transactions), • maritime (bills of lading, receipt, etc)

  8. Legislation samples to control e-crimes • Not an expert on legislation in various countries however some comments: • U.A.E.: • E-commerce law • VACUUM – EVIDENCE LAW • Jordan: • Telecommunications law • VACUUM – MARITIME • USA/New York

  9. Methods to train the concerned bodies • Capacity building is the key to a more protected electronic world focused on understanding how e-crimes are committed factors involved, possible recourse etc. • Information sharing - maintain an up dated knowledge on the subject matter • Legislatures • Get a team of specialist involved in drafting laws • Lawyers to write the laws clearly and concisely • Judges to be able to handle e-crime cases • Business and IT people on what protection is or is not availed to them and likelihood of success

  10. What Can The Government Do To Provide Additional Protection To Its Users?

  11. A no fault recourse fund • Support of online providers • i.e. Amazon, aramex, visa, mastercard, paypal and other websites that can facilitate a certain degree of additional protection • IT controls and securities • Network controls (Not a preference but a possibility) • Continuously distribute information on support available, new crimes, to raise awareness

  12. Other Ways To Prevent Electronic Crimes Or To Be Protected From Such Crimes

  13. Private/public initiative • The public at large should also implement methods and systems to increase their protection and decrease their exposure to such crimes. • Each person can limit such crimes by using approved payment sites • Each company can internally limit such crimes • Insurance

  14. Electronic Crimes

  15. How They Occur And How Each User Can Limit Its Occurrence

  16. IP crimes • No supervision • Monitoring of material used • Choose what you buy, read etc. It’s really the consumers that encourage IP crimes

  17. Electronic Signature Fraud • No internal controls or risk management • As a receiver: Organization should have internal policies of how to accept electronic signatures • As a signatory: clear roles and responsibilities, access to electronic signature • Organization should ensure a chain management policy to minimize risks

  18. Viruses or damage of stored memories • Information management • Backup system of information Breach of general discipline • Lack of knowledge of code in place and/or general accepted discipline • Lack of capacity, guidance and/or support to behave in line with such principles

  19. Slander via electronic methods and violation of rights and causing harm • Insufficient IT control to ensure integrity of electronic communications

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