Dark Figure of Cybercrime: Bringing it into the Light

Abstract:

The article is devoted to the study of the problem of dark figure of cybercrime: crimes in which the
use of information technologies and telecommunication networks plays a significant role, often remain latent. It can be said that this type of crime is characterized by excessive latency: only an extremely small proportion of committed acts is reflected in criminal statistics, and often the most
dangerous remain in the dark. Law enforcement tends to focus on most “convenient” cybercrime that is easier to investigate and prosecute. Authors examine the dark figure of cybercrime of two types: “traditional” computer crimes (illegal access to computer information, use and distribution of malicious programs) and violation of copyright. Most relevant threats related to the commission of these types of crimes are described. Authors emphasize such factors of latent crime as criminals' use of technology to conceal their activities, the anomalously large role of the non-state sector in counteracting cybercrime, conflicting interests of victims, and weaknesses in legal regulation. Authors propose measures aimed at reducing latent figure, namely: improving the competence of law enforcement agencies, in particular, the establishment of special jurisdiction of these crimes, the creation of monitoring services that identify and analyze the emerging threats to information security and provide evidence to law enforcement agencies to initiate criminal cases, making new fines for business that conceal cybercrime incidents. It is pointed out the to reduce dark figures it is also needed to decriminalize less dangerous infringements, and reorient law enforcement agencies to combat the most dangerous manifestations of cybercrime.

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