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For many countries, protection of information on the cyberspace is a top priority. This priority area is often addressed through legislation, policies and practices that deal with all cyber threats that continue to arise as new technologies emerge. In the efforts to do this, the main challenge has been ensuring that traditional civil liberties are protected in the process.
Avoiding cyber crime has been a challenge for many governments, corporate players as well as individuals. At the national level, cybercrime laws seem to present a good opportunity for people to become enlightened on how best to stay away from the criminals as well as to deal with the criminals whenever the strike. A good way to analyze cybercrime law is to differentiate it from procedural law, jurisdictional law and substantive law. Additionally, as Sager points out, there is need for distinction lines to be drawn so that preventive, preemptive and reactive strategies can be understood by all internet users (65).
In terms of cybercrime law, two different kinds of the law are often described: computer misuse and traditional crime. Under computer misuse, cases where users exceed their privileges through hacking are addressed. Also addressed are instances where a use denies others the privileges that they are entitled to through use of malware and other malicious software. Traditional crimes include harassment, threats, fraud, pornography, gambling and other activities with a world analog but which criminals facilitate using computers.
Both aspects of procedural cyber crime: search and seizure law, are important in prevention of cyber crime. The main problem arises due to the complications relating to matters of interpretation. Additionally, the information infrastructure has assumed a global perspective, blurring the previously clear line of demarcation that existed between national security strategies and law enforcement policies.
In some cases, preventative strategies tend to conflict with the approaches that have always been traditionally used to deal with cyber crime. This is because in most cases, the control of the information infrastructure is often in the hands of the victim. There is need for the political dimensions of cyber crime to be addressed in order for the problems to be prevented. When warfare between different nations is fought on the cyberspace, the arising cyber crimes may be too complicated for the existing laws to handle.
All nations must realize that the internet will always remain a part of human life. For this reason, trust is needed in the cyberspace for economies to grow. Experts in cyber crime insist that rich economies should help rich poor ones in fighting cyber crime so as to prevent acts of sabotage that can have devastating effects on these economies.
Regarding the problem of unreported cyber crimes, managers of companies and individuals must not feel ashamed of admitting that they have suffered huge financial losses at the hands of hackers. Some people think that it is because of failure in their communication systems that they have fallen victim to hackers. This is a misconception since no information system can be completely intrusion-proof. The mistakes made by one company should be used as a lesson by the international corporate world in order for the war against cyber criminals to be won.
Frequent software upgrades are very important in avoiding cyber crime. Software upgrades can work well if used together with deterrence measures. Hackers cannot intrude into your site if they know that you are going to take measures that will lead to the destruction of their malicious networks. Sometimes hackers gain confidence in knowing that would-be victims are afraid of the power of hacking mechanisms that can be employed against them.
Finding a suspected hacker is easy if one preserves information by keeping all logs in locations where easy reference is guaranteed. If log information is not stored, there is little experts can do to help in the identification process of the hacker. Recent increase in the number of people who report cyber crimes indicatesthat significant progress is being made today in the war against the vice. Benjamin makes the observation that within no time, law enforcement will have difficulties handling an influx in reported hacking cases (432). Once the crimes have been reported, it becomes easier for the law enforcement agencies to piece together information in order to identify cyber criminals.