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1 Dr. K. Jaishankar Senior Assistant Professor Department of Criminology and Criminal Justice Manonmaniam Sundaranar University Tirunelveli, Tamil Nadu, India Executive Director Centre for Cyber Victim Counselling /

2 Cybercrime - victimizing nations in Asia and the Middle East. Ordinary individuals to Governments - struggle hard in protection Legal insufficiency Spurt of cyber crime in the past 5 years - cyber crime - second most reported economic crime in the Middle East. In 2012 and reported cyber crimes in the financial services sector across the region, in particular in the UAE, Oman and Lebanon.

3 Norton (2013) cites various reasons for growing cyber crime in Asia - lack of awareness, lack of reporting behavior, involvement in deceitful activities, and lack of cyber security components in companies and governments. This presentation will explore the current scenario of cyber crime, the role of legal systems in managing, the efforts of individuals and private parties in mitigating cyber crime and will introspect on the future of cyber crime in the Asian and Middle East regions.

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5 Asia-Pacific enterprises are expected to spend $230 billion to deal with cyber security breaches in the highest for any region - according to a study conducted by International data corporation and the National University of Singapore (Marsh 2014). Increase in ecommerce - increasing reliance on IT to derive cost efficiencies, the risk exposure - increased. Asian countries also accounted for 8 of the top -10 countries most vulnerable to cybercrime, (2013 Security Threat Report published by Cyber Security Company Sophos (Marsh 2014). Select Five Asian Countries for this presentation: China, India, Japan, South Korea and Taiwan

6 China China takes the top spot in terms of Internet users. China has almost twice (1.8x) as many Internet users as the United States. However, internet penetration is lesser. China ranked top in terms of malicious activities in the region, followed by the South Korea, India, Taiwan and Japan (see also Symantec 2011). As to the origin of attacks targeting the region, - most attacks came from the USA, followed by China, South Korea and Japan (Symantec 2009).

7 Online crimes such as fraud and personal information theft have cost China 289 billion yuan (US$46.4 billion) in Chinese cybercrime underground activity doubled between 2012 and 2013 (Trend micro, 2014) Topping the list of online crimes, - fraud, prostitution, pyramid selling and personal information theft. 700,000 - victims of cybercrime each day Lack of reporting behavior.

8 Policing - China has one of the world's largest team of hackers - But it lags behind fighting cybercrime Laws - The PRC Tort Liability Law, The criminal Law and its amendment VII, China Criminal Procedure Law No strong evidence law - Judicial practice goes ahead of criminal procedure law No foreign agreement for cooperation. China passed a regulation at the end of 2012 to strengthen information protection, a comprehensive law on Internet crimes is still badly needed.

9 India is the fourth largest country in terms of Internet users in spite of having an Internet penetration of a measly 6.9%. India has emerged as the ransomware capital of Asia Pacific with 11 percent of cybervictims falling to this form of virtual extortion, while average cost per victim has increased by 8 percent from last year (Symantec's 2013 Norton Report). India is among top five countries for the highest number of incidences of cybercrime.

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11 Cybercrime cost India US$4 billion in Policing CERT - Separate Cyber crime police station and cells. Cyber Security curricula. No Exclusive law - The IT Act, 2000 as amended by The IT (Amendment) Act, 2008 has a separate chapter XI entitled Offences 2013 Criminal Amendment Act to protect women stalking - Protection of Children from Sexual Offences Act, 2012 Victims Lack of Awareness - reporting behavior.

12 Japan is one of four non-european signatories to the Council of Europe s Convention on Cybercrime. Cybercrime Convention into force 1 Nov Cyber Security efforts Excellent Victim Awareness - High

13 With an average annual growth rate of 17%, the Internet-using population has been growing much faster than the total population in Taiwan. It should be noted that the numbers of cybercrime cases and suspects, with annual growth rates over 170%, have been increasing much faster than even the Internet population and reached a record high. The Taiwan parliament in 1997 and 2003 amended articles of Criminal Law to deal with cybercrime.

14 To fight cybercrime, the Taiwan government - set up the Cybercrime Prevention and Fighting Center. China and Taiwan rank as the top two countries in terms of malicious computer activity. Reports have also shown that most hacking into Taiwanese computer systems is initiated from within China and most hacking into Chinese systems originates within Taiwan. Lack of cooperation between two countries in mitigation of cybercrimes - Informal Police cooperation.

15 South Korea - The ITU, International Telecommunication Union, put South Korea in the first place of Digital Opportunity Index highest developed network South Korea has seen over 100,000 cases of cybercrime every year since The number of cybercrimes - 108,223 in 2012, 116,961 in 2011 and 122,902 in an average of 296 cyberattacks by unidentified hackers per day in South Korea ranks 4th for hosting phishing Web sites Law - "Act on Promotion of Information and Communication Network Utilization and Information Protection"

16 Social networking has exploded in the Middle East The Middle East is a major target and source of cyber crime. Saudi Arabia is the leading source and target country in the region. The region includes some of the most phished countries in the world - These religious scams have involved sending attachments with a payload to destroy the infrastructure of the receiving computer. Select Five Middle East Countries for this presentation: Kuwait, Oman, Qatar, Saudi Arabia, and United Arab Emirates

17 In Kuwait today, there are approximately 1.1 million Internet users, almost 50 percent of the population, connecting to the internet for personal or business use - There are almost 900,000 Facebook users in Kuwait (Feras Al-Oqlah, 2014). Raise of Advanced Persistent Threats Online Banking vulnerability - Spam in Kuwait is 72.4 percent as per the Symantec s Intelligence Report (2012) out of which 4 percent is identified as Malware and Phishing s, the remaining -advertising s.

18 A special department to combat cyber crimes was established by the Ministry of Interior (MoI) in By 2009, the Security Information Department of the MoI was working closely with Interpol to prosecute online offenses. MOI warns individuals Interpol & UK collaboration Cyber Security capabilities Governments department fully equipped with the latest technology Khanderi, Head of computer crime No Cyber Law Special Draft law is planned

19 Oman tops in malware victimization Bank of Oman target of attack. Ransomware - Cyber criminals - using fake logos of the Royal Oman Police (ROP) and the International Criminal Police Organization (Interpol). Oman has a cybercrime law (2011) The Law defines each form of cybercrime and prescribes a penalty which ranges from a fine to imprisonment from a month to fifteen years. CERT- Cyber capabilities - Private sector approaches - India's Paladion to set up cybercrime monitoring hub in Oman

20 Hackers have targeted Qatar in multiple attacks over the last two years, including one incident that shut down the corporate computer systems and website of RasGas, - QCert Collaboration with UK to fight Cybercrime. Very Recently passed Cyberlaw - The wide-ranging law, which specifies fines and jail time for various offenses, also covers acts that are already illegal in Qatar, including hacking into government networks, distributing child pornography and online fraud. A law that is criticized by Human rights group Freedom of speech and Expression.

21 Has a cyber legislation

22 Has a cyber legislation

23 Lack of separate Laws Lack of coordination among various criminal justice agencies Insular nature of CJS Lack of Training for Judges and Police officials Lack of awareness creating mechanisms Content crimes: differences between democratic and authoritarian regimes Lack of treaties between countries

24 No importance given to interpersonal cybercrimes No standard cyber law making body Cyber legislations lack of uniformity Some countries have no laws Police officials capabilities / Lack of collaborations between various stakeholders Lack of Education and awareness campaigns Source: Mohamed N. El-Guindy

25 International Treaties cyberspace. Awareness campaigns for interpersonal crimes in Police and Judicial Training NGO s to work with governments Reducing insular nature and allowing private agencies to involve in government cyber security processes. Need for balanced legal provisions Free speech

26 Of the 10 countries analyzed, only few show great promise in the mitigation of cyber crime by cyber security process and cyber laws. As more and more people start using Internet, there will be a raise in cyber crimes compared to previous years. Countries should get equipped to the stop the unbridled growth of cyber crimes by more training and improving technical, legal and human resource capabilities. International cooperation and collaboration with some pioneer nations will help.

27 Dr. K. Jaishankar Senior Assistant Professor Department of Criminology and Criminal Justice Manonmaniam Sundaranar University Tirunelveli, Tamil Nadu, India Editor-in-Chief International Journal of Cyber Criminology /

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