Table of Contents

Cybercrime in the Greater China Region

Cybercrime in the Greater China Region

Regulatory Responses and Crime Prevention Across the Taiwan Strait

Lennon Yao-chung Chang

Cybercrime is a worldwide problem of rapidly increasing magnitude and, of the countries in the Asia Pacific region, Taiwan and China are suffering most. This timely book discusses the extent and nature of cybercrime in and between Taiwan and China, focussing especially on the prevalence of botnets (collections of computers that have been compromised and used for malicious purposes).

Chapter 4: Think global, act global - ‘glocal’ responses to cybercrime

Lennon Yao-chung Chang

Subjects: asian studies, asian law, law - academic, asian law, corruption and economic crime, information and media law, internet and technology law, politics and public policy, terrorism and security

Extract

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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