Regulatory Responses and Crime Prevention Across the Taiwan Strait
Chapter 4: Think global, act global - ‘glocal’ responses to cybercrime
In Chapter 3, we discussed malicious activities in the APJ region, particularly in Taiwan and China. We found that bot-nets, as cyber-organized-crimes, enable cyber-criminals to commit crime globally. The transnational or cross-border character of cybercrime makes it difficult for law enforcement agencies to investigate and prosecute the criminal. The issues of dual-criminality and multi-jurisdictionality are becoming a significant barrier for many countries in the investigation and prosecution of this trans- national crime. For transnational crime, inconsistent laws and regulations will obstruct cooperation between countries in crime investigation, and criminals will face a low risk of being punished. Rational Choice Theory tells us that this will encourage motivated offenders to act on this motivation and commit a crime. In an attempt to harmonize laws and regulations on combating cyber- crime, international and regional organizations, such as the UN and the Council of Europe, have passed resolutions and drafted conventions. States also play an important role in adopting global initiatives and balancing them with local circumstances to establish ‘glocal’1 laws and regulations. This chapter will focus on legal responses to cybercrime both globally and locally. It will examine the consistency of Taiwanese and Chinese law
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