Search results for: Cybercrime Legislation

Authors: Sinchul Back, Sun Ho Kim, Jennifer LaPrade, Ilju Seong

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Due to the advantage of using the Internet, cybercriminals can reach target(s) without border controls. Prior research on criminology and crime science has largely been void of empirical studies on journey-to-cybercrime and crime opportunity. Thus, the purpose of this study is to understand more about cyber offender spatial decision making associated with crime opportunity factors (i.e., co-offending, offender-stranger). Data utilized in this study were derived from 306 U.S. Federal court cases of cybercrime. The findings of this study indicated that there was a positive relationship between co-offending and journey-to-cybercrime, whereas there was no link between offender-stranger and journey-to-cybercrime. Also, the results showed that there was no relationship between cybercriminal sex, age, and journey-to-cybercrime. The policy implications and limitations of this study are discussed.

Keywords: co-offending, crime opportunity, journey-to-cybercrime, offender-stranger

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Authors: Daniel Suarez Alonso

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Cybercrime is a growing international threat and a challenge for law enforcement agencies and judicial systems worldwide. International cooperation is necessary to solve this problem because cybercrime knows no borders and often involves multiple jurisdictions, being related to organised crime. The purpose of this article is to analyse international cooperation in the investigation and prosecution of cybercrime, focusing on the framework of the Regulation of the European Union Agency for Law Enforcement Cooperation (EUROPOL), cooperation that takes place between police authorities from different countries. It examines the legal and operational mechanisms in place to facilitate international cooperation in Europe in this area and assesses their effectiveness in the fight against cybercrime. In addition, the study of a Spanish investigation where cooperation with EUROPOL took place will be examined, analyzing how international cooperation was carried out to investigate and track down criminals. Lessons learned from this case will be discussed and recommendations for improving international cooperation in the fight against cybercrime will be proposed.

Keywords: Europol, international cooperation, cybercrime, computer crime, law

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Authors: Nuruddeen Usman, Usman Mohammed Gidado, Muhammad Ahmad Ibrahim

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Construction industry is one of the sectors that are eyeing adoption of ICT for its development due to the advancement in technology. Though, many manufacturing sectors had been using it, but construction industry was left behind, especially in the developing nation like Nigeria. On account of that, the objective of this study is to conceptually and quantitatively synthesise whether the slow adoption of ICT by the construction industries can be attributable to cybercrime threats. The result of the investigation found that, the risk of cybercrime, and lack of adequate cyber security policies that can enforce and punish defaulters are among the things that hinder ICT adoption of the Nigerian construction industries. Therefore, there is need for the nations to educate their citizens on cybercrime risk, and to establish cybercrime police units that can be monitoring and controlling all online communications.

Keywords: construction industry, cybercrime, information and communication technology adoption, risk

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Authors: Suleman Ibrahim

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Purpose: The research is seeking people's perceptions on cybercrime issues, rather than their knowledge of the facts. Unlike the Tripartite Cybercrime Framework (TCF), the binary models are ill-equipped to differentiate between cyber fraud (a socioeconomic crime) and cyber bullying or cyber stalking (psychosocial cybercrimes). Whilst the binary categories suggested that digital crimes are dichotomized: (i.e. cyber-enabled and cyber-dependent), the TCF, recently proposed, argued that cybercrimes can be conceptualized into three groups: socioeconomic, psychosocial and geopolitical. Concomitantly, as regards to the experience/perceptions of cybercrime, the TCF’s claim requires substantiation beyond its theoretical realm. Approach/Methodology: This scholar endeavor framed with the TCF, deploys a survey method to explore the experience of cybercrime across gender. Drawing from over 400 participants in the UK, this study aimed to contrast the differential perceptions/experiences of socioeconomic cybercrime (e.g. cyber fraud) and psychological cybercrime (e.g. cyber bullying and cyber stalking) across gender. Findings: The results revealed that cyber stalking was rated as least serious of the different digital crime categories. Further revealed that female participants judged all types of cybercrimes as more serious than male participants, with the exception of socioeconomic cybercrime – cyber fraud. This distinction helps to emphasize that gender cultures and nuances not only apply both online and offline, it emphasized the utilitarian value of the TCF. Originality: Unlike existing data, this study has contrasted the differential perceptions and experience of socioeconomic and psychosocial cybercrimes with more refined variables.

Keywords: gender variations, psychosocial cybercrime, socioeconomic cybercrime, tripartite cybercrime framework

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Authors: Christiana Ebobo

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Cybercrime consists of numerous crimes that are perpetrated on the internet on daily basis. The forms include but not limited to Identity theft, Pretentious dating, Desktop counterfeiting, Internet chat room, Cyber harassment, Fraudulent electronic mails, Automated Teller Machine Spoofing, Pornography, Piracy, Hacking, Credit card frauds, Phishing and Spamming. The general term used among the youths for this type of crime in Nigeria is ‘Yahoo Yahoo’. Cybercrime is on the increase among the youths at all levels as such this study aims at examining the impact of cybercrime on youth development in Nigeria. The study examines the impact of cybercrime on youths’ academic performance, integrity, employment and religious practices. The study is a survey which made use of questionnaire and focus group discussion among 150 randomly selected youths in Gwagwalada LCDA, Federal Capital Territory, Nigeria. The study adopts the systems theory as its theoretical framework. The study also adopts the simple frequency table and percentage for its data analysis. The study reveals that cybercrime has eaten deep into the minds of some youths and some of them are practicing diabolic means to succeed in it. It is also reveals that majority (68%) of the respondents believe that cybercrime impacts negatively on youths’ academic performance in Nigeria. The major recommendation of this study is that cybercrime offenders should be treated like armed robbers in order to discourage other youths from getting involved in it.

Keywords: armed robber, cybercrime, integrity, youth

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Authors: Essang Anwana Onuntuei, Chinyere Blessing Azunwoke

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The study aimed to probe how well cyber law operates worldwide, and then draw a logical conclusion on Nigeria’s experience using a deductive reasoning approach. With a purposive or structured sampling technique, seventy-eight countries (thirteen countries each from six continents of the world) were selected as sample size. The methods used for analysing the data include the Analysis of Variance (ANOVA), Pearson product-moment correlation and regression analysis, and multiple regression analysis methods respectively. At a two-tailed test of 0.05 confidence level, the results of findings established that about 23.74 (F calculated) which is > 2.23 (F critical) claimed the total cyber-attacks and malware types vary significantly. Also, at a two-tailed confidence level test of 0.05, 0.75 (F calculated) is < 1.7 (F critical), and the P-value = 0.73 to establish significantly that cybercrime legislation does not vary statistically. More so, the calculated value (tcalculated) = 7.305 is < table value (tcritical) = 12.05 at a two-tailed test of 0.05 to imply that electronic transactions law does not statistically impact the total number of cyber-attacks. The result also proved that Consumer Privacy and Protection law does not statistically impact the total number of cyber-attacks as the calculated value (tcalculated) = 6.21 < table value (tcritical) = 20.82 at a two-tailed test of 0.05. In addition, the calculated value (tcalculated) = 7.97 < table value (tcritical) = 14.76 at a two-tailed test of 0.05 implied that Privacy and Data Protection law does not statistically impact the total number of cyber-attacks worldwide. The calculated value (tcalculated) = 5.75 < table value (tcritical) = 12.65 at a two-tailed test of 0.05 to prove that cybercrime law does not statistically impact the total number of cyber-attacks. Finally, the calculated value (tcalculated) = 6.21 < table value (tcritical) = 20.82 at a two-tailed test of 0.05 concludes that combined multiple cyber laws do not significantly impact the total number of cyber-attacks worldwide. Recommendations were made based on the results of findings from the study.

Keywords: Cybercrime Legislation, Cyber Attacks, Consumer Privacy and Protection Law, Detection, Electronic Transaction Law, Prevention, Privacy and Data Protection Law, Prohibition, Prosecution

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Authors: Mohamamd Shahjahan

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Background: Cybercrime is common phenomenon at present both developed and developing countries. Young generation, especially adolescents now engaged internet frequently and they commit cybercrime frequently in Bangladesh. Objective: In this regard, the present study on the pattern of cybercrime among youngers of Bangladesh has been conducted. Methods and tools: This study was a cross-sectional study, descriptive in nature. Non-probability accidental sampling technique has been applied to select the sample because of the nonfinite population and the sample size was 167. A printed semi-structured questionnaire was used to collect data. Results: The study shows that adolescents mainly do hacking (94.6%), pornography (88.6%), software piracy (85 %), cyber theft (82.6%), credit card fraud (81.4%), cyber defamation (75.6%), sweet heart swindling (social network) (65.9%) etc. as cybercrime. According to findings the major causes of cybercrime among the respondents in Bangladesh were- weak laws (88.0%), defective socialization (81.4%), peer group influence (80.2%), easy accessibility to internet (74.3%), corruption (62.9%), unemployment (58.7%), and poverty (24.6%) etc. It is evident from the study that 91.0% respondents used password cracker as the techniques of cyber criminality. About 76.6%, 72.5%, 71.9%, 68.3% and 60.5% respondents’ technique was key loggers, network sniffer, exploiting, vulnerability scanner and port scanner consecutively. Conclusion: The study concluded that pattern of cybercrimes is frequently changing and increasing dramatically. Finally, it is recommending that the private public partnership and execution of existing laws can be controlling this crime.

Keywords: cybercrime, adolescents, pattern, internet

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Authors: Niyi Adegoke, Saanumi Jimmy Omolou

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The prevalence rate of youth involving in cybercrime is alarming, which calls for concern among the government, parents, NGO and religious bodies, hence this paper aims at examining youth involvement in cybercrime in Nigeria. Achievement motivation theory was used to explain the activities of cyber-criminals in Nigerian society. A descriptive survey method was adopted for the study. The sample for the study was one hundred and fifty (150) respondents randomly selected from the population of the study. A questionnaire was used to gather information and data from the respondents. Data collected through the questionnaire were analyzed using percentage tool for the respondents’ bio-data while chi-square was employed to test the hypotheses. Findings from the study have revealed that parental negligence, unemployment, peer influence, and quest for materialism were responsible for cyber-crimes in Nigeria. The study concludes with the following recommendations among which are: creating employment opportunities for the youths and ensure good governance and accountability among other things will go a long way to solve the problem of cybercrime in our society.

Keywords: cybercrime, youth, Nigeria, unemployment, information communication technology

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Authors: Papathanasiou Anastasios, Liontos George, Liagkou Vasiliki, Glavas Euripides

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The purpose of this paper is to describe the growing problem of various cyber fraud schemes that exist on the internet and are currently among the most prevalent. The main focus of this paper is to provide a detailed description of the modus operandi, tools, and techniques utilized in four basic typologies of cyber frauds: Business Email Compromise (BEC) attacks, investment fraud, romance scams, and online sales fraud. The paper aims to shed light on the methods employed by cybercriminals in perpetrating these types of fraud, as well as the strategies they use to deceive and victimize individuals and businesses on the internet. Furthermore, this study outlines defense strategies intended to tackle the issue head-on, with a particular emphasis on the crucial role played by European Legislation. European legislation has proactively adapted to the evolving landscape of cyber fraud, striving to enhance cybersecurity awareness, bolster user education, and implement advanced technical controls to mitigate associated risks. The paper evaluates the advantages and innovations brought about by the European Legislation while also acknowledging potential flaws that cybercriminals might exploit. As a result, recommendations for refining the legislation are offered in this study in order to better address this pressing issue.

Keywords: business email compromise, cybercrime, European legislation, investment fraud, NIS, online sales fraud, romance scams

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Authors: Jonathan W. Z. Lim, Vrizlynn L. L. Thing

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Cybercrimes are on the rise, in part due to technological advancements, as well as increased avenues of exploitation. Sophisticated threat actors are leveraging on such advancements to execute their malicious intentions. The increase in cybercrimes is prevalent, and it seems unlikely that they can be easily eradicated. A more serious concern is that the community may come to accept the notion that this will become the trend. As such, the key question revolves around how we can reduce cybercrime in this evolving landscape. In our paper, we propose to build a systematic framework through the lens of a cyber threat actor. We explore the motivation factors behind the crimes and the crime stages of the threat actors. We then formulate intervention plans so as to discourage the act of committing malicious cyber activities and also aim to integrate ex-cyber offenders back into society.

Keywords: crime motivations, crime prevention, cybercrime, ex-cyber criminals

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Authors: Alese Boniface K., Adu Michael K., Owa Victor K.

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Security can be defined as the degree of resistance to, or protection from harm. It applies to any vulnerable and valuable assets, such as persons, dwellings, communities, nations or organizations. Cybercrime is any crime committed or facilitated via the Internet. It is any criminal activity involving computers and networks. It can range from fraud to unsolicited emails (spam). It includes the distant theft of government or corporate secrets through criminal trespass into remote systems around the globe. Nigeria like any other nations of the world is currently having their own share of the menace that has been used even as tools by terrorists. This paper is an attempt at presenting cyber security as an issue that requires a coordinated national response. It also acknowledges and advocates the key roles to be played by stakeholders and the importance of forging strong partnerships to prevent and tackle cybercrime in Nigeria.

Keywords: security, cybercrime, internet, government, stakeholders, partnerships

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Authors: K. Alese Boniface, K. Adu Michael

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Cybercrime is now becoming a big challenge in Nigeria apart from the traditional crime. Inability to identify perpetrators is one of the reasons for the growing menace. This paper proposes a design for monitoring internet users’ activities in order to curbing cybercrime. It requires redefining the operations of Internet Service Providers (ISPs) which will now mandate users to be authenticated before accessing the internet. In implementing this work which can be adapted to a larger scale, a virtual router application is developed and configured to mimic a real router device. A sign-up portal is developed to allow users to register with the ISP. The portal asks for identification information which will include bio-data and government issued identification data like National Identity Card number, et cetera. A unique username and password are chosen by the user to enable access to the internet which will be used to reference him to an Internet Protocol Address (IP Address) of any system he uses on the internet and thereby associating him to any criminal act related to that IP address at that particular time. Questions such as “What happen when another user knows the password and uses it to commit crime?” and other pertinent issues are addressed.

Keywords: cybercrime, sign-up portal, internet service provider (ISP), internet protocol address (IP address)

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Authors: Henry Foulds, Magda Huisman, Gunther R. Drevin

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Privacy is regarded as a fundamental human right and it is clear that the study of digital privacy is an important field. Digital privacy is influenced by new and constantly evolving technologies and this continuous change makes it hard to create legislation to protect people’s privacy from being exploited by misuse of these technologies.

This study aims to benefit digital privacy legislation efforts by evaluating the awareness and perceived importance of digital privacy legislation among computer science students. The chosen fixed variables for the population are study year and gamer classification.

The use of location based services in mobile applications and games are a concern for digital privacy. For this reason the study focused on computer science students as they have a high likelihood to use and develop this type of software. Surveys were used to evaluate awareness and perceived importance of digital privacy legislation.

The results of the study show that privacy legislation and awareness of privacy legislation are important to people. The perception of the importance of privacy legislation increases with academic experience. Awareness of privacy legislation increases from non-gamers to pro gamers. 

Keywords: digital privacy, legislation awareness, gaming, privacy legislation

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Authors: László Schmidt

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Technological and digital innovation is constantly and dynamically evolving, which poses an enormous challenge to both lawmaking and law enforcement. To legislation because artificial intelligence permeates many areas of people’s daily lives that the legislator must regulate. it can see how challenging it is to regulate e.g. self-driving cars/taxis/camions etc. Not to mention cryptocurrencies and Chat GPT, the use of which also requires legislative intervention. Artificial intelligence also poses an extraordinary challenge to law enforcement. In criminal cases, police and prosecutors can make great use of AI in investigations, e.g. in forensics, DNA samples, reconstruction, identification, etc. But it can also be of great help in the detection of crimes committed in cyberspace. In the case of cybercrime, on the one hand, it can be viewed as a new type of crime that can only be committed with the help of information systems, and that has a specific protected legal object, such as an information system or data. On the other hand, it also includes traditional crimes that are much easier to commit with the help of new tools. According to Hungarian Criminal Code section 375 (1), any person who, for unlawful financial gain, introduces data into an information system, or alters or deletes data processed therein, or renders data inaccessible, or otherwise interferes with the functioning of the information system, and thereby causes damage, is guilty of a felony punishable by imprisonment not exceeding three years. The Covid-19 coronavirus epidemic has had a significant impact on our lives and our daily lives. It was no different in the world of crime. With people staying at home for months, schools, restaurants, theatres, cinemas closed, and no travel, criminals have had to change their ways. Criminals were committing crimes online in even greater numbers than before. These crimes were very diverse, ranging from false fundraising, the collection and misuse of personal data, extortion to fraud on various online marketplaces. The most vulnerable age groups (minors and elderly) could be made more aware and prevented from becoming victims of this type of crime through targeted programmes. The aim of the study is to show the Hungarian judicial practice in relation to cybercrime and possible preventive solutions.

Keywords: cybercrime, COVID-19, Hungary, criminal law

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Authors: Yurlov Sergey

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The author examines modern problems of Russian sport legislation and whether it need to be changed in order to allow all sportsmen to participate, train and have another sportsmen’s rights as Russian law mandates. The article provides an overview of Russian sport legislation problems, provides examples of foreign countries. In addition, the author suggests solutions for existing legal problems.

Keywords: amendment, legal problem, right, sport

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Authors: Mohammad Shameel, Peter K. K. Loh, James H. Ng

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Cybercrime is a new category of crime which poses a different challenge for crime investigators and incident responders. Attackers can mask their identities using a suite of tools and with the help of the deep web, which makes them difficult to track down. Scouring the deep web manually takes time and is inefficient. There is a growing need for a tool to scour the deep web to obtain useful evidence or intel automatically. In this paper, we will explain the background and motivation behind the research, present a survey of existing research on related tools, describe the design of our own crime/threat intelligence hunting tool prototype, demonstrate its capability with some test cases and lastly, conclude with proposals for future enhancements.

Keywords: cybercrime, deep web, threat intelligence, web crawler

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Authors: Cindy Sahera, Sarwono Sutikno

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Rapid technological developments also have negative impacts, namely the increasing criminal cases based on technology or cybercrime. One technique that can be used to conduct cybercrime attacks are phishing email. The issue is whether the user is aware that email can be misused by others so that it can harm the user's own? This research was conducted to measure the susceptibility of selected targets against email abuse. The objectives of this research are measurement of targets’ susceptibility and find vulnerability in email recipient. There are three steps being taken in this research, (1) the information gathering phase, (2) the design phase, and (3) the execution phase. The first step includes the collection of the information necessary to carry out an attack on a target. The next step is to make the design of an attack against a target. The last step is to send phishing emails to the target. The levels of susceptibility are three: level 1, level 2 and level 3. Level 1 indicates a low level of targets’ susceptibility, level 2 indicates the intermediate level of targets’ susceptibility, and level 3 indicates a high level of targets’ susceptibility. The results showed that users who are on level 1 and level 2 more that level 3, which means the user is not too careless. However, it does not mean the user to be safe. There are still vulnerabilities that may occur, such as automatic location detection when opening emails and automatic downloaded malware as user clicks a link in the email.

Keywords: cybercrime, email phishing, susceptibility, vulnerability

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Authors: Muhammad Naveed, Yang Caixia

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The need for national space legislation is pivotal, particularly in light of the fact that in recent years space activities have grown immensely both in volume and diversity. Countries are progressively developing capabilities in space exploration and scientific discoveries, market their capabilities to manufacture satellites, provide launch services from their facilities and are looking to privatize and commercialize their space resources. Today, nations are also seeking to comprehend the technological and financial potential of the private sector and are considering to share their financial burdens with them and to limit their exposures to risks, but they are lagging behind in legal framework in this regard. In the perspective of these emerging developments, it is therefore, felt that national space legislation should be enacted with the goal of building and implementing a vibrant and transparent legal framework at the national level to hasten investments and to ensure growth in this capital intensive - highly yield strategic sector. This study looks at (I) the international legal framework that governs space activities; (II) motivation behind making national space laws; and (III) the need for national space legislation. The paper concludes with some recommendations with regards to the conceivable future direction for national space legislation, in particular space empowered sub-areas for countries.

Keywords: international conventions, national legislation, space faring nations, space law

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Authors: Leandi Steenkamp

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After being in effect since the late 1970s, first generation sectional title legislation in South Africa was completely overhauled in recent years into what is now commonly referred to as third generation sectional title legislation. The original Sectional Titles Act was split into three separate statutes, namely the Sectional Titles Schemes Management Act No. 8 of 2011, the Sectional Titles Amendment Act No. 33 of 2013 and the Community Schemes Ombud Service Act No. 9 of 2011, with various Regulations detailing how the different acts should be applied in practice. Even though some of the changes effected by the new legislation is simply technical adjustments and replications of the original first generation legislation, the new acts introduce a number of significant changes that will have an effect on accountancy and financial management aspects of sectional title schemes in future. No academic research has been undertaken on third generation sectional title legislation in South Africa from an accountancy and financial management perspective as yet. The aim of this paper is threefold: Firstly, to discuss the findings of a literature review on the new third generation sectional title legislation, with specific reference to accountancy-related aspects. Secondly, the empirical findings of accountancy-related aspects from the results of a quantitative study on a sample of bodies corporate will be discussed. The sample of bodies corporate was selected from four different municipal areas in South Africa. Specific reference will be made to the readiness of bodies corporate regarding the provisions of the new legislation. Thirdly, practical recommendations will be made on how bodies corporate can prepare for the new legislative aspects, and further research opportunities in this regard will be discussed.

Keywords: accountancy, body corporate, sectional title, third generation sectional title legislation

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Authors: Andreja Benko

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Article presents a short overview of the architects’ profession over time with outlined work of the architectural theoreticians. In the continuation is described a former affiliation of Slovenia as well as the spatial planning documents that were in use until the Slovenia joint Yugoslavia (last part in 1919). This legislation from former Austro-Hungarian monarchy was valid almost until 1950 in some parts of Yugoslavia even longer. Upon that will be mentioned some valid Slovenian spatial documents which will be compared with the German legislation. Analysed will be the number of architect and spatial planners in Slovenia and also their number upon certain region in Slovenia. Based on that will be given also the number from statistical office of Slovenia of the number of buildings between years 2007 and 2012, and described also the collapse of the major construction companies in Slovenia and consequences of that. At the end will be outlined the morality and ethics by spatial interventions and lack of the architectural law in Slovenia as well as the problematic of minimal collaboration between the Ministry of infrastructure and spatial planning with the profession.

Keywords: architect, history, legislation, Slovenia

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Authors: Alphonso Augustine Goliath

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In 1997 South Africa adopted legislation introducing severe mandatory minimum sentences. This was a political response to counter the escalating violent crime the country experienced when it transitioned to democracy. Despite minimum sentences being fully operational for more than two decades, violent crimes like murder and rape have not abated. This paper provides a critique of the efficacy of minimums sentences with a primary focus on the legislation’s main aim of preventing or curbing crime, its relationship with prison overcrowding, and its continued constitutionality.

Keywords: constitutionality, deterrence, incapacitation, minimum sentencing legislation, prison overcrowding, rehabilitation, recidivism, retribution, violent crime

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Authors: Nooraneda Mutalip Laidey

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Computer Crimes Act 1997 (CCA 1997) was conceded by Malaysia’s legislative body in 1997 and the Act was enforced in June 2000. The purpose of CCA 1997 is to provide for offences related to misuse of computers such as hacking, cracking and phishing. CCA 1997 was modelled after United Kingdom’s Computer Misuses Act 1990 as a response to the emerging computer crimes. This legislation is divided into three parts and 12 Sections. The first part outlines preliminary matters that include short title and relevant definitions, second part provides for the offenses related to misuse of computers and specifies penalties for each offences, and the last part deals with ancillary provisions such as jurisdictional and investigational issues of cybercrime. The main objective of this paper is to discuss the development of computer crimes and its deterrence in Malaysia. Specific sections of CCA 1997 will be analysed in details and detail assessment on the prevention and prosecution of computer crimes in Malaysia will be accessed to determine whether CCA 1997 is so far adequate in preventing computer crimes in Malaysia.

Keywords: computer, computer crimes, CCA 1997, circumvention, deterrence

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Authors: Chintan Chandrachud

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When primary legislation is challenged for breaching fundamental rights, many courts around the world adopt interpretive techniques to avoid finding such legislation incompatible or invalid. In the UK, these techniques find sanction in section 3 of the Human Rights Act 1998, which directs courts to interpret legislation in a manner which is compatible with European Convention rights, ‘so far as it is possible to do so’. In India, courts begin with the interpretive presumption that Parliament intended to comply with fundamental rights under the Constitution of 1949. In comparing rights-compliant interpretation of primary legislation under the Human Rights Act and the Indian Constitution, this paper makes two arguments. First, that in the absence of a section 3-type mandate, Indian courts have a smaller range of interpretive tools at their disposal in interpreting primary legislation in a way which complies with fundamental rights. For example, whereas British courts frequently read words into statutes, Indian courts consider this an inapposite interpretive technique. The second argument flows naturally from the first. Given that Indian courts have a smaller interpretive toolbox, one would imagine that ceteris paribus, Indian courts’ power to strike down legislation would be triggered earlier than the declaration of incompatibility is in the UK. However, this is not borne out in practice. Faced with primary legislation which appears to violate fundamental rights, Indian courts often reluctantly uphold the constitutionality of statutes (rather than striking them down), as opposed to British courts, which make declarations of incompatibility. The explanation for this seeming asymmetry hinges on the difference between the ‘strike down’ power and the declaration of incompatibility. Whereas the former results in the disapplication of a statute, the latter throws the ball back into Parliament’s court, if only formally.

Keywords: constitutional law, judicial review, constitution of India, UK Human Rights Act

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Authors: Umukoro Omonigho Simon, Ashaolu David ‘Diya, Aroyewun-Olaleye Temitope Folashade

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The VELMA Action to Reduce Cybercrime (ARC) is an initiative, the first of its kind in Nigeria, designed to identify, rehabilitate and empower repentant cybercrime offenders popularly known as ‘yahoo boys’ in Nigerian parlance. Velma ARC provides social inclusion boot camps with the goal of rehabilitating cybercriminals via psychotherapeutic interventions, improving their IT skills, and empowering them to make constructive contributions to society. This report highlights the psychological interventions provided for participants of the maiden edition of the Velma ARC boot camp and presents the outcomes of these interventions. The boot camp was set up in a hotel premises which was booked solely for the 1 month event. The participants were selected and invited via the Velma online recruitment portal based on an objective double-blind selection process from a pool of potential participants who signified interest via the registration portal. The participants were first taken through psychological profiling (personality, symptomology and psychopathology) before the individual and group sessions began. They were profiled using the Minnesota Multiphasic Personality Inventory -2- Restructured Form (MMPI-2-RF), the latest version of its series. Individual psychotherapy sessions were conducted for all participants based on what was interpreted on their profiles. Focus group discussion was held later to discuss a movie titled ‘catch me if you can’ directed by Steven Spielberg, featuring Leonardo De Caprio and Tom Hanks. The movie was based on the true life story of Frank Abagnale, who was a notorious scammer and con artist in his youthful years. Emergent themes from the movie were discussed as psycho-educative parameters for the participants. The overall evaluation of outcomes from the VELMA ARC rehabilitation boot camp stemmed from a disaggregated assessment of observed changes which are summarized in the final report of the clinical psychologist and was detailed enough to infer genuine repentance and positive change in attitude towards cybercrime among the participants. Follow up services were incorporated to validate initial observations. This gives credence to the potency of the psycho-educative intervention provided during the Velma ARC boot camp. It was recommended that support and collaborations from the government and other agencies/individuals would assist the VELMA foundation in expanding the scope and quality of the Velma ARC initiative as an additional requirement for cybercrime offenders following incarceration.

Keywords: Velma-ARC, cybercrime offenders, rehabilitation, Nigeria

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Authors: Nirmala Gopal, Sheetal Bhoola, Audecious Mugwagwa

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This paper discusses the continued infringement and exploitation of data by non-state actors for destructive purposes, emphasizing radical terrorist organizations. It will discuss how terrorist organizations access and use data to foster their nefarious agendas. It further examines how cybersecurity, designed as a tool to curb data exploitation, is ineffective in raising global citizens' concerns about how their data can be kept safe and used for its acquired purpose. The study interrogates several policies and data protection instruments, such as the Data Protection Act, Cyber Security Policies, Protection of Personal Information(PPI) and General Data Protection Regulations (GDPR), to understand data use and storage in democratic states. The study outcomes point to the fact that international cybersecurity and cybercrime legislation, policies, and conventions have not curbed violations of data access and use by radical terrorist groups. The study recommends ways to enhance cybersecurity and reduce cyber risks using democratic principles.

Keywords: cybersecurity, data exploitation, terrorist organizations, data democracy

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Authors: Vinicius Marzall, Jussanã Milograna

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The urban drainwatering remains a major challenge for most of the Brazilian cities. Not so different of the most part, Goiania, a state capital located in Midwest of the country has few legislations about the subject matter and only one registered solution of compensative techniques for drainwater. This paper clam to show some solutions which are adopted in other Brazilian cities with consolidated legislation, suggesting technics about detention tanks in a building sit. This study analyzed and compared the legislation of Curitiba, Porto Alegre e Sao Paulo, with the actual legislation and politics of Goiania. After this, were created models with adopted data for dimensioning the size of detention tanks using the envelope curve method considering synthetic series for intense precipitations and building sits between 250 m² and 600 m², with an impermeabilization tax of 50%. The results showed great differences between the legislation of Goiania and the documentation of the others cities analyzed, like the number of techniques for drainwatering applied to the reality of the cities, educational actions to awareness the population about care the water courses and political management by having a specified funds for drainwater subjects, for example. Besides, the use of detention tank showed itself practicable, have seen that the occupation of the tank is minor than 3% of the building sit, whatever the size of the terrain, granting the exit flow to pre-occupational taxes in extreme rainfall events. Also, was developed a linear equation to measure the detention tank based in the size of the building sit in Goiania, making simpler the calculation and implementation for non-specialized people.

Keywords: clean technology, legislation, rainwater management, urban drainwater

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Authors: N. N. Mosola, K. F. Moeketsi, R. Sehobai, N. Pule

Abstract:

The Internet brings increasing use of Information and Communications Technology (ICT) services and facilities. Consequently, new computing paradigms emerge to provide services over the Internet. Although there are several benefits stemming from these services, they pose several risks inherited from the Internet. For example, cybercrime, identity theft, malware etc. To thwart these risks, this paper proposes a holistic approach. This approach involves multidisciplinary interactions. The paper proposes a top-down and bottom-up approach to deal with cyber security concerns in developing countries. These concerns range from regulatory and legislative areas, cyber awareness, research and development, technical dimensions etc. The main focus areas are highlighted and a cybersecurity model solution is proposed. The paper concludes by combining all relevant solutions into a proposed cybersecurity model to assist developing countries in enhancing a cyber-safe environment to instill and promote a culture of cybersecurity.

Keywords: cybercrime, cybersecurity, computer emergency response team, computer security incident response team

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Authors: Hezha Hewa, Taher Sur

Abstract:

Nowadays, child affairs is a matter of both national and international interests. This issue is regarded a vital topic for various scientific fields across ages, and for all the communities without exception. However, the nature of child caring may vary due to the verities in science perspectives. So, considering child's affairs from different perspectives is helpful to have a complementary image about this matter. The purpose behind selecting this topic is to keep a balance between the victim on the one hand, and the guardian and the offender on the other hand, (i.e.) to avoid any kind of excessiveness either in the protection of the child and its rights not in the punishment of the offender. This is achieved through considering various legal materials in the Iraqi legislation and in the comparative legislations that are concerned with the child's issue and the extent to which the child makes use of these rights. The scope of this study involves the crimes that are considered as aggressions against the child's right to life, and the crimes that are dangerous to their physical and psychological safety. So, this study comprehensively considers the intentional murder of child, child murder to avoid disgrace, child kidnapping, child abandonment, physical abuse for the sake of punishment or not, child circumcision, verbal violence, and abstaining from leaving a child with a person who has the right of custody. This study ends with the most significant concluding points that have been derived throughout this study, which are: Unlike the Iraqi legislation, the Egyptian legislation defines the child in the Article 2 of the Child Law No. 12 of 1996 amended by the Law No. 126 of 2008 that the child is a person who does not exceed 18 years of age. Some legislation does not provide special criminal protection for child intentional murder, as in the Iraqi and the Egyptian legislation. However, some others have provided special criminal protection for a child, as in French and Syrian legislations. Child kidnapping is regarded as one of the most dangerous crimes that affects the child and the family as well, as it may expose the child's life to danger or to death. The most significant recommendations from the researcher are: The Iraqi legislation is recommended to take the necessary measures to establish a particular legislation for the child by including all the legal provisions that are associated with this weak creature, and make use of the Egyptian legislator’s experience as a pioneer in this respect. Both the Iraqi legislation and the Egyptian legislation are recommended to enact special laws to protect a child from the crimes of intentional murder, as the crime of child murder is currently subjected to the same provisions consider for adult murder.

Keywords: child, criminal, penal, law, safety

Procedia PDF Downloads 242

Authors: Jagannath Mohanty, Shiv Nath Sinha

Abstract:

India is the first country in the world, where spending on Corporate Social Responsibily (CSR) has been made mandatory. Predominantly Indian enterprises have been philanthrophic for hundreds of years, where giving back to the society is the religious duty of the rich. Therefore Indian businesses have been voluntarily spending on CSR activities, while several businesses kept spending on non business activities a significant number of entrepreneurs abstained from social spending, leading Government of India to take the lesgislative route by mandating 2% spend of net profit on CSR activities failing which companeis will be dealt legally. While the legislation on suface appers progressive and pro social, yet the consequences of making a rather volutary action a legally binding act is yet to be seen. This paper examines the possible social impact of the legislation and potential response of the corporate to a legislation of this kind.

Keywords: corporate social responsibility (CSR), companies act 2013, corporate citizenship, social spending

Procedia PDF Downloads 359

Authors: A. V. Dolzhikova

Abstract:

The article deals with the problems of labour migration in the Russian Federation in the context of Russia's national security, provides the typology of migrants residing in the territory of the Russian Federation and analyzes the risk factors. The author considers the structure of migration flows and the terms of legal, economic and socio-cultural adaptation of migrants in the Russian Federation. In this connection, the status of the Russian migration legislation, the concept of the comprehensive exam in Russian as a foreign language, history of Russia and the basics of the Russian Federation legislation for foreign citizens which was introduced in Russia on January 1, 2015, are analyzed. The article discloses its role as the adaptation strategy and the factor of Russia's migration security.

Keywords: comprehensive exam, migration policy, migration legislation, Russia's national security

Procedia PDF Downloads 348