7-1 milestone final

Hattie Harvey

JUS 305 International Criminal Law

July 11, 2017

Cyber Crime: Purchase Order Scam Leaves a Trail of Victims

Identify the implication of procedural laws when migrating both domestic and international crime. How do the legal requirements involved in processing a case impact the ability to combat criminal activity? The critical differences between domestic criminal justice and international criminal justice is that Americans tend to be much more skeptical about International institutions in general and the attitude carried over into international criminal justice. What rights and responsibilities do American citizens have according to procedural laws? Procedural law governs the mechanics of how a legal case flows, including steps to process a case. Procedural law adheres to due process, which is a right granted to U.S. citizens by the 14th Amendment. The 14th Amendment of the United States Constitution was adopted July 9th 1868. No State shall make or enforce any law which shall abridge the privilege or immunity of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.

How does the enforcement of procedural laws differ when applied two people who are not legal US citizens? It does not differ in no way. The Bill of Rights apply to everyone, even non-citizens. If a non-citizen is prosecuted under the criminal code they have the right to due process, a speedy and public trial, and other rights protected by the 5th and 6th Amendments. According to the American justice system, what are the rights and responsibilities of people who are not US citizen?The rights of people who are not US citizens, “equal protection” under the Fourteenth Amendment also under the 15th Amendment that no person shall be deprived of life liberty property without due process of law. The due process clause in the Constitution protects all people both citizens and non-citizens by requiring both States and federal government to follow procedure mechanisms when a person to take an individual’s life, liberty, or property.

Crime Without Borders

An introduction to International criminal justice

Aaron Fichtelberg

University of Delaware (2008) (p.11)

Chegg Tutors

Liz D., Political Science/ Public Administration

Woman’s study from MU/CSUN/Chatham University (Nov 6, 2016)

www.chegg.com/tutors/Criminal-Justice-questions/How-does-the-enforcement-of-procedural-law-differ-when-applied-to-people-who-are-not-legal-US-citizens--EDK6T/

14th Amendment constitutional US law

Cornell University > law > Amendment

www.law.cornell.edu

Study.com

Substantive Law vs. Procedural Law: Definitions and Differences

Chapter 4 /

http://study.com/academy/lesson/substantive-law-vs-procedural-law-definitions-and-differences.html

• The citizenship of the person influences the approach for exploration in solving the subject explored in class. The case involves a citizen of a nation engaging in criminal acts outlawed by the legislation of the host country forcing the international courts to intervene because of the person nationality. According to the narration, the character acted contrary to the ethical norms as prescribed by the universal codes that stipulate that human beings should act in accordance with the law. The violation implies that the stipulation contravenes the Constitution of the respective nation as well as the international code of conduct categorized as legislation. When dealing with the issue, the officials examining the individual will consider the cultural values of the person on the prism of the internationally accepted code of behavior while acknowledging the implication of the jurisdiction of the native country of the suspect. The consideration of the knowledge of the person about the legislative stipulation of the country of origin is also a critical consideration.

The case implies that the possibility of conflict arising in the interpretation of the legislation in each nation is rife. Therefore, in a scenario where the contradiction exists, the judicial official will infer to the international jurisprudence in judgment. The assumption is that the internationally recognized legislative standards as set by the institutions such as the international criminal court ought to guide the behavior of the individuals. Another consideration in the exploration of the case is that legal officers must acknowledge the need to uphold the rights of the person as recognized by the varied stipulation dictating acceptable acts and those considered as a violation.

According to the case, the citizenship of the suspect is instrumental in the determination of the guiltiness of the individual. This is because the variation created in the analysis is attributable to the contradiction in the legislation of the native country of the citizen. The laws of the native country appear flexible in analyzing the ruling contrary to the legislation that applies at the international sphere.

• The criminal stayed in the country at the time of the occurrence of the crime and such is a critical issue for consideration in resolving the misunderstanding. According to international jurisdiction, as outlined in the legislation guiding the decision of international courts, the legislation of the host nation plays a critical role in the judgment of the person. However, during the process, the consideration of the justness in the formulation of the legislation that corroborates with the international standards is mandatory. As outlined, the criminal violated the legislation intentionally. The person acquaintance with the legislation of the native nation warrants punishment. Even in a scenario where the character argues based on ignorance, the jurisprudence that guides international legislation ought to proceed.

The comprehension of the citizenship of the character in some ways affects the approach to investigation. In a situation where the prosecuting parties are unaware of the citizenship of the character, they can approach the process objectively. However, the comprehension of the citizenship alters the model adopted in administering justice to the victim. On numerous occasions, the prosecuting parties can initiate the process by inferring to the guidelines of the host nation before adopting a model that replicate the required standards at the international sphere.

Under normal circumstance, the acknowledgment of the citizenship should not pose much impact to the ruling but such prevails on numerous occasions, due to the bias nature of human judgment, people tend to construe information based on cultural acceptance. In a context where one conceptualizes the origin of an individual, the judgment is highly based on the cultural prism and not universal norms.

• The action of the character contradicted the constitution stipulation that bars individual from engaging in acts that appear to contradict the customary laws. According to the narration, the characters infringed the rights of victims of his actions by engaging in unethical behavior. The international laws isolated in action include recognition of universal suffrage stipulation that mandates humanity to coexist peacefully. The resistance of the person and attempt to disobey the legislative regulation of the host country constitute a violation of the international laws. The implication of the behavior is that the character is liable for violation at both the international courts and the local institution.

The option remains with the decision of the jurisdictive institution in the nation of origin. The justices can opt to refer the individual to the international court for sentencing.

The mode of sentencing can cause diplomatic rows since the relations amid nations can be slightly affected by the decision of the justice in sentencing the individual contrary to the legislation in the origin country. It is, therefore, recommendable that the exploitation of a myriad of alternative proceed before a decision on the matter, a broader consultation ought to involve both nations to facilitate objective decision-making.

Final Project Milestone Three

Name: Hattie Harvey

Institution: SNHU

JUS 305-Q6956

International Criminal Justice 17EW6

The case is about the involvement of two Russian named Alexey Ivanov and Vasiliy Gorshkovin cyber activities that violated the legislation of the United States. The initiated the crimes in Russia against American citizens leading to monetary losses and intrusion of privacy. In a bid to grant American justice, the investigating agency, FBI colluded with Invista, an international organization in luring the characters to the US only to facilitate a search that led to their arrest. Afterward, the authorities exploited American legislation in sentencing the two leading to political conflict since the Russian authorities felt that the decision violated the international stipulations. As discussed, the paper presents an exploration of the issue to facilitate an in-depth understanding of the dynamics involved in solving cyber related crimes affecting more than one nation.

• The case suggests that the crime impacts surpass the jurisdictive boundaries of the nations affected. However, the American laws apply since Alexey Ivanov, and Vasiliy Gorshkov engaged in conspiracy act and extortion contrary to the legislation of the host country.

• As a result, the action mandated exploitation of US cyber laws in charging the victims before restitution (Fichtelberg, 2008). The subsequent laws affected by the decision are the Electrical Communication Privacy Act that restricts the action of the states in interfering with the liberties of the citizens.

• Solving the case of hacking also facilitated the exploration of the international laws such as the code of conduct in search in the US because of the nationality of the suspects. The states exceeded its mandate during the search and only exploited American laws.

• Interestingly, they violated the privileges of the suspect I conducting investigations and such surmounts to the breach of 1997 agreements of the G-8 nations accordance with the international standards.

• The case suggests minimal political influence on the facilitation of the crime. Proof exists in the arrest of the two infuriating the authorities in Russia leading to their demand for arrest of FBI agent. The approach to solving the case did approve existence of a political connection.

• As noted, the manner in which the FBI officials lured the personalities to the United States suggests the possibility of political connotation to the issue. The companies that sought the services of the characters in Russia before relocation to the US had a political agenda in engaging the two.

• The entities were working against the interest of the American state agencies. The desire of the process was also incriminating the person for offenses conducted in Russia against the citizens of the United States.

• The exploitation of the legislative framework of the US while overlooking the regulation in Russia in sentencing the person implies political connections. Under normal circumstances, the state could have ignored the activities of the two in a distant country.

• However, because of the political interest of the united states of seeking to protect its legislation and citizens, they had to connive with Invista in bringing the two to the United States.

• The process of solving the case also facilitates exploration of international laws on matter search and seizure and such surmounts to political factors influencing the decisions.

• The law enforcement agency has the jurisdictive responsibility of deterring hacking among many other forms of cyber-crime.

• The measures for exploitation in the process includes liaising with the responsible agencies in monitoring the activities of hackers then using the legislative framework of the nations affected in resolving the matter.

• In the case of a Russian hacker interfering with the undertakings in the United States, the agencies in the US have the obligation of mitigating the action of the person. However, during the process, the institution must acknowledge the international jurisdiction stipulations on the approach to enacting the law. They can make the effort of collaborating with other agencies globally in averting the crimes.

• The agencies should also cooperate with the international institutions such as a cyber-crime unit in formulating legislation affecting persons perpetrating crime in different jurisdictions.

• The FBI aided the process by conducting a search although the manner in which the agency operated contravenes the international jurisdiction on the mode of conducting searches.

• The agency also liaised with Invita in bringing the personalities to the United States. The decision emanated from the desire to exploit the limits of the jurisdictions.

• As per the legislation, the unit cannot conduct its investigation outside the territories of the United States without the assistance of agencies in Russia. It was on this premise that the FBI opted to formulate a way for steering the process with the United States.

• Aside from bringing the individual to America, the agency facilitated the collection of material evidence from criminal actions by confiscating the computers of the personalities.

• Lastly, the agencies engaged the person in the identification of traces of criminal activities at the international jurisdiction.

• The US law on cyber-crime applied in the actions of the agency on the mode of examining the evidence.

• Even though the agency overlooked the stipulation of the international law in conducting searches, they exploited criminal statute in dealing with the matter.

• The agency also violated Electronic Act stipulations, as well as, privacy laws in search, yet such, are part of the security laws of the US.

• The conspiracy guide, fraud involvements, and hacking featured as the complaint that influenced the process of examination of the case.

• The United States rarely reciprocate their laws since the manner in which the agencies in the country coordinated with the legislative institution suggest exploitation of the American law in solving the issue.

• The authorities overlooked the stipulations in Russia as well as the international guidelines in conducting the search that led to the arrest of Alexey Ivanov and Vasiliy Gorshkov. The only circumstance where the legislation reciprocates is the enactment of guidelines for examining a suspect for crime.

• The mode of enforcement of Electronic Communications Privacy Act not only overlooked the undertakings in the United States and but also the developments outside the jurisdictions. The situation forced Russia to consider arresting the agents involved in the investigations.

• The case suggests a lack of corporation between the United States agencies and international agencies.

• The FBI acted in collaboration with firms operating in the country in conducting the search that leads to the arrest of the suspects.

• The organization did not solicit for assistance from the international agencies as required by the law. Instead, the agencies sought to bring the personalities to the United States then use the legislation of the country in sentencing the person for crimes steered from outside the US jurisdictive boundaries.

• Unlike in the past, there is the corporation between US and international agencies. The formulation of the patriotic act presents a guide on the mode of operation in solving cases of cyber-crime beyond geographical boundaries.

• The US states coordinated with the international organization in the persuasion of the suspects of cyber-crime to visits the country for exploitation of a job opportunity, only to arrest the person for charges related to cyber-crime.

• The states empowered the foreign organization through funding and technical advice in a bid to formulate ways for addressing cyber-crime related cases.

• The coordination of the United States with international cooperation is necessary for resolving the criminal related issue since on numerous occasions the occurrence in one jurisdiction affects operations in another country (Fichtelberg, 2008).

• Therefore, in a decision to liaise with an organization as Invista, the States is helping the entity to promote the safety of its clients. The states undertake such actions for organizations serving consumers in the international sphere.

Reference

Fichtelberg, A. (2008). Crime without borders: An introduction to international criminal justice. Upper Saddle River, N.J: Pearson/Prent

Cyber Crime: Purchase Order Scam Leaves a Trail of Victims

In the recent history, the digital age has experienced serious crimes that were made possible through the internet. The following bibliographies gives an overview of how cybercrime affects e-commerce and how the online customers are on the receiving end:

Annotation 1

Carlson, E. L. (2006). Phishing for elderly victims: as the elderly migrate to the Internet fraudulent schemes targeting them follow. Elder LJ, 14, 423.

This article contains very insightful information on how cybercrime has affected a particular demographic group of people. Carlson believes that the internet has formed the new vehicle through which fraud has expanded beyond national confines. This makes it easy for the criminals to remain elusive from the law and hard to find. The author points out that the aging population is increasingly becoming the soft target of the internet scammers. The concept of internet technology is not only abstract to them but also a radical change in the way people live, and they have to fit in. According to the author, most cybercrime cases involve people over the age of fifties. Further, the cases are rising fast even with intelligent technology to track the offender. The fact that most of the crimes are carried from beyond the victims’ country borders, getting justice is almost impossible. Carlson the best advice to solve this is by educating the elderly frequently, and this responsibility primarily remains in the hands of the younger generations.

Annotation 2

Aleem, A., & Antwi-Boasiako, A. (2011). Internet auction fraud: The evolving nature of online auctions criminality and the mitigating framework to address the threat. International Journal of Law, Crime and Justice, 39(3), 140-160.

Aleem and his colleagues argue that the internet has changed the way traditional business is done in the world. In this digital age, he focusses on online auctioning to better show how cybercrime is affecting innocent people (Weston, 2016). Online auctions are the most preferred grounds for the less accomplished tech-enthusiasts engaging in cybercrime. This is because it does not require top notch skills in the technology world, involves a lot of anonymity that makes it a haven for them to operate. According to the author, major crimes in the internet auctioning are false bidding to drive prices up, and failure to deliver purchased bought in the auction. The article explains why it is easy for auctioneers to get away with this, the main reason is the poor legislation of e-commerce laws that make it easy for them to disclaim such cases legally.

Annotation 3

Böhme, R., & Moore, T. (2012, October). How do consumers react to cybercrime?. In eCrime Researchers Summit (eCrime), 2012 (pp. 1-12). IEEE.

The article gives an insight on how the various consumers have been affected by internet crimes. The human weakness that leads to consumers falling victims is disclosed. The most common one that contends with Ramamoorti, S. (2008) is greed. The author states that many consumers are not aware of the internet scams that they face and have limited knowledge about the possibility of falling victims. Most common incidents are not only the non-delivery of ordered goods, but they also extend to the service industries where customers can pay for services which they fail to access. The author's findings are quite contrasting. They show that concern about online scammers among consumers are discouraging e commerce activities than the experience of cybercrime do. This is in agreement with Yu, (2014) study that explains the impact of cybercrime and why student fears it.

Annotation 4

Nykodym, N., Kahle-Piasecki, L., Ariss, S., & Toussaint, T. A. (2010). Cybercrime and business: How to not get caught by the online phisherman. J. Int'l Com. L. & Tech., 5, 252.

The authors of this article mainly focus on the techniques used in cyber crime activities. It is evident how the consumers fear falling victims of cyber crime. They argue that if no stringent measures are taken, going into the future it might be costly to conduct businesses online (Tang et al., 2009). Just like Matulevicius et al., (2012) contends, it comes out that the criminal is not only tech experts, they employ social engineering techniques to exploit human weakness. Mainly the key objectives are to get the victims personal information which they use to conduct the criminal activities online, mostly targeting online buyers.

References

Böhme, R., & Moore, T. (2012, October). How do consumers react to cybercrime?. In eCrime Researchers Summit (eCrime), 2012 (pp. 1-12). IEEE.

Carlson, E. L. (2006). Phishing for elderly victims: as the elderly migrate to the Internet fraudulent schemes targeting them follow. Elder LJ, 14, 423.

Karpati, P., Sindre, G., & Matulevicius, R. (2012). Comparing misuse case and mal-activity diagrams for modelling social engineering attacks. International Journal of Secure Software Engineering (IJSSE), 3(2), 54-73.

Nykodym, N., Kahle-Piasecki, L., Ariss, S., & Toussaint, T. A. (2010). Cybercrime and business: How to not get caught by the online phisherman. J. Int'l Com. L. & Tech., 5, 252.

Ramamoorti, S. (2008). The psychology and sociology of fraud: Integrating the behavioral sciences component into fraud and forensic accounting curricula. Issues in Accounting Education, 23(4), 521-533.

Rush, H., Smith, C., Kraemer-Mbula, E., & Tang, P. (2009). Crime online: Cybercrime and illegal innovation.

Weston, H. (2016). Data Analytics as Predictor of Character or Virtues, and the Risks to Autonomy. International Review of Information Ethics, 24, 32-43.

Yu, S. (2014). Fear of cyber crime among college students in the United States: An exploratory study. International Journal of Cyber Criminolo