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 6: ‘Wiki’ crime prevention - establishing a pre-warning system

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 previous chapters, we have discussed the difficulties confronting mutual assistance between Taiwan and China when combating cybercrime. Although there is no official mutual assistance treaty between Taiwan and China, there are some alternative options in terms of mutual assistance. For example, there is currently collaboration between the Red Cross Society, the Straits Exchange Foundation, and the Association for Relations across the Taiwan Straits. Additionally, some large companies collaborate in crime investigation and evidence collection. However, these alternatives still have their limitations and they also rely heavily on a favourable prevailing political situation. They might not be as efficient, effective, or as reliable as they appear. Beccaria (1819) states that even severe penalties will not deter a criminal if that criminal believes that prosecution or conviction will be unlikely. According to this theory, any threat of punishment is likely to do little to deter cyber criminals from offending between Taiwan and China. That is because cyber criminals know there is very little chance that they will be arrested and prosecuted as cooperation between Taiwan and China is weak. Learning from Routine Activity Theory, the lack of strong capable guardians, such as inconsistencies in laws, or a lack of cooperation between police or counter-intelligence agencies from both sides, are factors explaining why cybercrime takes place between Taiwan and China. The absence of a capable guardian provides criminals with a greater incentive to commit cybercrime.

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