AMITY UNIVERSITY

RESEARCH PAPER ON

LAW, JUSTICE AND GLOBALIZING WORLD

TITLE: GLOBALIZATION AND CYBER CRIME

SUBMITTED TO: SUBMITTED

BY:

DR. TARU MISHRA ARJUN GUPTA

Amity Law school A8101820043

L.L.M: Semester I

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 Table of Contents

I. ABSTRACT.......................................................................................................................3

II. INTRODUCTION............................................................................................................5

III. NATURE OF GLOBAL CRIME....................................................................................7

IV. CYBER CRIME............................................................................................................8

A. THE CHARACTERISTICS OF CYBERCRIME........................................................................8

B. E-CRIME AS A SOCIAL CONSTRUCTION............................................................................9
C. CORRUPTION AND ORGANIZED CRIME IN CYBERSPACE CORRUPTION.............................9
D. HUMAN TRAFFICKING IN CYBERSPACE.........................................................................10
E. DRUG TRAFFICKING IN CYBERSPACE.............................................................................11

V. CONCLUSION...............................................................................................................12

BIBLIOGRAPHY..................................................................................................................13

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 I. ABSTRACT

Globalization is a process of interaction and integration among the people, companies, and
governments of different nations, a process driven by international trade and investment and aided
by information technology. This process has effects on the environment, on culture, on political
systems, on economic development and prosperity, and on human physical well-being in societies
around the world.

Globalization is deeply controversial, however. Proponents of globalization argue that it allows

poor countries and their citizens to develop economically and raise their standards of living, while
opponents of globalization claim that the creation of an unfettered international free market has
benefited multinational corporations in the Western world at the expense of local enterprises,
local cultures, and common people. Resistance to globalization has therefore taken shape both at a
popular and at a governmental level as people and governments try to manage the flow of capital,
labour, goods, and ideas that constitute the current wave of globalization.

Statement of Problem:

This projects attempts to study whether the capabilities of cybercriminals are expanding faster
than the ability of governments and companies to defend against them.

Hypothesis:

The dramatic growth in the development and increase in the use of Cyberspace in practice has led
to blurring boundaries based on nationality and geography on the world stage and Cybercriminals
are taking advantage of the globalization of cyberspace and are going places where the law is not
that strong

In this paper the Author discusses the following issues:

i. Why attributing cyber-attacks to one particular group is challenging;

ii. Was there a point earlier in the history of the internet when things were more secure;

iii. How attackers are compromising mobile platforms to commit fraud;

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Research Questions

1. How much is cybercrime a global issue?

2. Is cyber crime inevitable in a connected world?
3. What next steps cyber-intelligence agencies and firms are expected to take as they work to
track down the cybercrime rings responsible for recent attacks

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 II. INTRODUCTION

Giddens (1990), argues that a central feature of globalisation is “a decoupling of space and time”
– the idea that the world “seems smaller” because “with instantaneous communications,
knowledge and culture can be shared around the world simultaneously”. 1 One reason for this, of
course, is the emergence and rapid development of communications technology (such as the
personal computer and the Internet), but it’s also related to “older” technology such as the
telephone and jet plane.

Globalization  is the word used to describe the growing interdependence of the world’s
economies, cultures, and populations, brought about by cross-border trade in goods and services,
technology, and flows of investment, people, and information. Countries have built economic
partnerships to facilitate these movements over many centuries. But the term gained popularity
after the Cold War in the early 1990s, as these cooperative arrangements shaped modern everyday
life.2

Globalization is not new, though. For thousands of years, people—and, later, corporations—have
been buying from and selling to each other in lands at great distances, such as through the famed
Silk Road across Central Asia that connected China and Europe during the Middle Ages.
Likewise, for centuries, people and corporations have invested in enterprises in other countries. In
fact, many of the features of the current wave of globalization are similar to those prevailing
before the outbreak of the First World War in 1914.3

But policy and technological developments of the past few decades have spurred increases in
cross-border trade, investment, and migration so large that many observers believe the world has
entered a qualitatively new phase in its economic development. Since 1950, for example, the
1
Mauro F. Guillen, IS GLOBALIZATION CIVILIZING, DESTRUCTIVE OR FEEBLE? A CRITIQUE OF
FIVE KEY DEBATES IN THE SOCIAL SCIENCE LITERATURE, (Oct. 20, 2020), http://www-
management.wharton.upenn.edu/guillen/PDF-Documents/Globaliz_ARS_2001.pdf
2
Karl Moore, Globalization and the Cold War : the Communist Dimension,(Oct. 20,2020),
https://www.researchgate.net/publication/251469447_Globalization_and_the_Cold_War_The_Communist_dim
ension
3
Carl Strikwerda, World War I in the History of Globalization,(Oct.20,2020),
https://www.semanticscholar.org/paper/World-War-I-in-the-History-of-Globalization-
Strikwerda/7a7266e80eaab1317f4a51be9110b0f3110c98be

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volume of world trade has increased by 20 times, and from just 1997 to 1999 flows of foreign
investment nearly doubled, from $468 billion to $827 billion. Distinguishing this current wave of
globalization from earlier ones, author Thomas Friedman has said that today globalization is
“farther, faster, cheaper, and deeper.”4

This current wave of globalization has been driven by policies that have opened economies
domestically and internationally. In the years since the Second World War, and especially during
the past two decades, many governments have adopted free-market economic systems, vastly
increasing their own productive potential and creating myriad new opportunities for international
trade and investment. Governments also have negotiated dramatic reductions in barriers to
commerce and have established international agreements to promote trade in goods, services, and
investment. Taking advantage of new opportunities in foreign markets, corporations have built
foreign factories and established production and marketing arrangements with foreign partners. A
defining feature of globalization, therefore, is an international industrial and financial business
structure.

Technology has been the other principal driver of globalization. Advances in information
technology, in particular, have dramatically transformed economic life. Information technologies
have given all sorts of individual economic actors—consumers, investors, businesses—valuable
new tools for identifying and pursuing economic opportunities, including faster and more
informed analyses of economic trends around the world, easy transfers of assets, and
collaboration with far-flung partners.

4
Thomas L. Friedman, The Lexus and the Olive Tree: Understanding Globalization (2012).

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 III. NATURE OF GLOBAL CRIME

The emergence of twentieth-century globalization consciously requires that resources be linked

domestic law to international law, with the explanation that individual and the national
community on the one hand be linked with the international system and human communities on
the other hand, the international system is set and monitor standards for governance stressed the
limitation rule in local communities. The process of globalization of criminal law, has features
such as universality, breaking boundaries and rationality as the first feature of rationality must be
named on the establishment of rules and procedures. This has led to scientific knowledge threads
criminal realm, like other social issues and remedy in light of this recognition. It is not exorbitant
one of the fruits of the Enlightenment in the eighteenth century was that grounded theory, and
policy objectives of criminal law and punishment for the first time assumed the status of an
independent science (Kelly, 2003). The second feature as it is called humanism or the tendency to
individualism in the Age of Enlightenment. However, a trend was basically a reaction against
irrational and brutal methods of political regimes that time so that the application brought against
the man named in the indictment. The third feature is the development, in other words the ability
to adapt to various human communities. It seems that this feature should be limited to a particular
school of thought schools criminal law. The reality is that in the space of globalization, all these
schools of thought can be raised and of course some of them go to the side and some stay for
selection. The fourth feature relates to globalization, entering its rules of criminal law,
international human rights documents. This can be studied in the form of substantive or
procedural rules in the field of criminal law. But the process of globalization in terms of the
criminal law to deal with domestic institutions during the course has a very delicate and time-
consuming process. This process has gained speed in terms of the globalization of rights and
builds on existing experience in this field. For example, the criminalization of human rights
abuses in the Statute of the International Criminal Court in fact, it is the recognition of humanity
and the principles of human rights as a universal value and allowing its violations. In other words
is the criminal aspect of universality so there is already some areas despite acceptance of the
fundamental principles of its value in national and this has led to the creation of the universal
principle of criminal law5

5
A. Salkever, “‘Phishing’ Is Foul on the Net,” Business Week Online; www.businessweek.com/technology/
content/oct2003/tc20031021_8711_tc047.htm.

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 IV. CYBER CRIME

A. THE CHARACTERISTICS OF CYBERCRIME

First, digitisation through Internet networks makes possible virtually instantaneous information
transmission. As the Internet morphs with other digital apparatuses this makes possible mobile
access on a transnational scale (storage power is reduced from building- and room-sized facilities
to laptops and hand-held mobile phones). With the globalisation of space and time the mobility of
information transmission brings with it the ‘instantaneity’ of viruses and malware (‘If one carries
forward the metaphor of “virus” from its original public health context, today’s viruses are highly
and near-instantly communicable, capable of causing world-wide epidemics in a matter of hours’ .
Second is the anonymity or ‘facelessness’ of cyberspace as an effect of the deterritorialisation of
social encounters and online relationships in cyberspace. In media influenced by Web 2.0
platforms like MySpace, YouTube, Facebook, cyberspace identities are wholly constructed
through the information that users provide – typically in the form of lines of text or visual
imagery (which can themselves be ‘mashed’, morphed and manipulated to create specific image
profiles – the 14-year-old schoolgirl in a chat room turns out to be a 50 year-old male with a
documented history of paedophilia). Third, the feature of material incorruptibility: being digital
rather than analogue, information capital can be ‘lifted’ and replicated without altering its original
(hence copying digital information does not ‘degrade’ or ‘deteriorate’ the prototype). Fourth, the
‘manipulability’ of digitally coded electronic information (in principle any coded software is
‘open’ software and therefore susceptible to modification with minimal costs and overheads).
Fifth, the correlative expansion of diverse, geographically decentralised and multifarious forms of
criminal activity accompanying the global extension of the new information technologies. When
combined these features create ubiquitous digital platforms that facilitate information-based
borderless crime on a planetary scale and the Internet and new criminality hence prefigure the
emergence of a situation of permanent information warfare. The ‘theatre’ of this new warfare –
this new form of global criminality – is the field of information itself.6

6
. D. Bank and R. Richmond, “Where the Dangers Are: The Threats To Information Security That Keep The Experts
Up At Night—And What Businesses And Consumers Can Do To Protect Themselves,”

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 B. E-CRIME AS A SOCIAL CONSTRUCTION
The fundamental social-epistemological problem posed by both analogue and digital crime can
be stated simply: how do we come to know the world of crime? Or expanded and generalised:
how do we come into contact with the various social constructions of criminal activity. E-crime
emerges with its distinctive epistemology and ontology in terms of the emergence – the ‘reality’
and ‘think ability’ – of criminal organisations and activities on a planetary scale. It would be a
basic failure of reflexivity to ignore the complex loops that flow between such social phenomena
and their representation in the media and popular imagination. Hence a critical framework must
also include the issue of the active rhetorical and ideological representations of deviance, of the
rapid circulation of images, categories and representations by means of which certain behaviours,
relations, and practices are labelled as ‘criminal’, ‘antisocial’, ‘corrupt’, and so forth (we might
call this the ‘discourse of criminality’ available to a given community or society). Approaching
these questions from a more reflexive perspective we are directed towards the representations and
discourses that constitute the phenomenon of globalised criminality in the context of twenty-first-
century social relations, technologies and the transnational reconfiguration of time and space.
Where the larger part of personal and collective life is ‘translated’ into software and this software
is ‘wired’ into impersonal electronic networks, the creation of new forms of hardware and
software and their public ‘accessibility’ becomes a major political question for all advanced
societies. The new ‘political economy’ of information is increasingly one of securing codes,
regulating software applications, monitoring ‘malware’ and ensuring ‘normal applications’ of
technologically intensive investments. In a globalised world traditional issues of societal control,
power and domination increasingly assume the form of agencies and organisations engaged in the
reflexive regulation of societal and trans-societal information governance. Just as central
governments strive to control transnational networks and ensure ‘safety’ for legitimate uses of
these networks, so the new criminality attempts to manipulate and misuse these networks for
illicit ends.7

C. CORRUPTION AND ORGANIZED CRIME IN CYBERSPACE CORRUPTION

. Corruption comes out true crime at the transnational level of corruption committed by organized
crime groups or through cyber space so that it can make a bed for crimes such as money
laundering. Here, too, the economy and the financial and administrative relations is faced with a
higher risk so that organization or computer corruption leads it to feel threatened by the
government on behalf of external borders and across a range of electronic and sovereignty. The
7
. R. Anderson and B. Schneier, “Economics of Information Security,” IEEE Security & Privacy, vol. 3,

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threat is so serious and so great both inside and out nowadays it has become one of the major
concerns in countries. This can be noted in the Office of Health Promotion Law and the Anti-
Corruption Act 2011. Legislation in this field can be effective for the prevention of corruption.
For example, developing operating procedures for providers of information services is including
the most important programs. Companies or Internet service providers called the term "ISP".
Depending on the nature of governments, these companies are totally monopolized by the public
sector or part of its branches and in subjection private sector. Organized crime is a term of respect
"no offense suddenly and spontaneously and more than one person involved in committing it» .
At the same time, there are different definitions of the term in this context is explained in terms of
the type of crime, its scope and objectives and its features and these differences have led many
authors to acknowledge the lack of a comprehensive definition of consensus. Due to the
importance of combating organized crime, transnational organized crime ratified the United
Nations Convention against members arrived in the form of a resolution in order to combat
international immersive combat manifestations of this crime and the harmonization of domestic
legislation in November 2000 the United Nations General Assembly and from 15 December of
the same year, it began to sign during a conference in Palermo, Italy8

D. HUMAN TRAFFICKING IN CYBERSPACE

The issue of trafficking in persons usually discussed according to trafficking in women and
children or trafficking for sexual exploitation. While trafficking is a serious impact on women and
children and often trafficking is a widespread phenomenon in the world. Despite definitions far
apart, there is a growing consensus as the issue of trafficking in human beings involves moving
people to put them in forced labour or other forms of involuntary labour. Therefore, human
trafficking is defined in such a way that the purpose is sexual and nonsexual purposes and all
measures trafficking chain from initial deployment to the purpose of trafficking or exploitation of
the victim or his ultimate goal9. Trafficking in women is increasingly deceitful manifestations due
to new technologies such as cyberspace and the effects of domination, hegemony and
authoritarianism into a romance, and it is naturally passive and obedient and subservient
obedience and passivity of women and also exhibits rape, beatings, sexual harassment,
prostitution and sexual exploitation of women and children by the sex appeal and legitimize this

8
R.E. Bell, “The Prosecution of Computer Crime,” J. Financial Crime
9
C. Walker, “Russian Mafia Extorts Gambling Websites

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kind of ugly and embarrassing. Trafficking in persons, especially women and children has
become a global phenomenon, so that our country is no exception in between.

E. DRUG TRAFFICKING IN CYBERSPACE

The majority of drug-related behaviours are clearly profitable and they have huge revenues
illegitimate and their relationship is on globalized crime. People who are active in hot spots
agencies, they are ready in every respect to organized crime or drug trafficking education as a
means for personal profit or fundraising for financial assistance to advance their ideology. In fact,
the prevalence rate of the crime has a heavy shadow in the field of drug trafficking by resorting to
cyber space and overlap with crimes such as money laundering in the country. It must be
understood, a country located in the vicinity of one of the main venues for the production and
trafficking of drugs and where laundering proceeds of crime is not confined to indicating the
punishment in law logs, naturally, it will become a haven for perpetrators of money laundering
and ordinary people to the authorities may use the opportunity to easily import huge revenues
from the banking system and financial crime, particularly drug trafficking in the country.
Transnational organized drug trafficking is a crime, for the reason that it is usually done first,
committed by the gangs have their administration and centralized and secondly, these gangs are
taking over a country's borders with relevant organizations in different countries and they pull
their crimes beyond the borders of one country. According to available estimates global, every
year is consumed the amount of five hundred billion dollar drug. This amount is more than the
GDP of all countries in the world with the exception of Seven rich countries . Due to the
expansion of network connections and the development of cyber space and easy access to the
people via e-mail and the Internet, any drug trafficking, whether buying, selling, distributing,
dispensing, find intermediaries and consumers, it's done through computer networks and because
of the specific nature of international networks, police work is difficult and sometimes impossible
to detect on drug dealers and buyers. Meanwhile, confidence is higher than the traditional type of
drug trafficking through computer communications and networking10

10
J.R. Clark and W.L. Davis, “A Human Capital Perspective on Criminal Careers,

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 V. CONCLUSION

Criminal law is a system of the highest values and norms. In fact, when it comes to criminal
protection of rights values in terms of criminal, the importance of these rules is obvious to
everyone. When the mission of criminal law linked with human values and universal human
rights is more important; because some of the universal values of human rights, the rights of the
criminal aspect and thus support them jointly to both the rights granted in the era of globalization;
part of this support is the other part of the criminal law and human rights. But after the formation
of the United Nations and the United Nations from the middle of the last century, the changes
include a change of discourse was aimed at criminal law and legal order governing this area. In
fact, the effect of the major changes that the human rights discourse on the field must learn from it
and law and political science scholars have referred to as the "humanization of legal rules". The
need to support the human personality and originality and is giving priority to him and the man
and put an end to him, personal interpretations and tools as the condemned man he emphasized
the importance of religious and secular terms with the theoretical foundation. After the changes
related to internationalization and globalization, both positive and negative effects, among the
most important developments is criminal law offenses and penalties regime change discourse in
the age of globalization the impact of cyberspace. In cyberspace, the realization of some types of
crime and victimization is greater than the physical world the emergence of a peaceful and safe
environment for offenders and the victim's needs. So many crimes committed by their traditional
categories, is now taking place in cyberspace(10). Fraud, forgery, theft and so are the traditional
categories that may have occurred in cyberspace. The cyberspace has created challenges for crime
prevention because of its nature.. In addition to being imperceptible cyberspace - documents are
intangible and not the objective - in cyberspace, it is possible to provide various forms of
prevention challenges such as changing and moving target is much greater possibility that the
material world, violation of human rights, violation of privacy, providing an analysis tool of
criminals and so on. So on the whole it can be said, the different nature of the crime makes a
different argument about evidence and proof of the crime and its prevention methods. Examples
of international crimes in cyberspace, such as economic crimes and money laundering, corruption,
smuggling, terrorism and espionage, has faced a majority government with a new order in dealing
with criminal phenomenon. Accordingly, no criminal nature of domestic, local and confined to a
limited space Physical and hence the global nature of crimes being committed in tangible and
intangible or less illusory space, it has helped it easier for criminals to commit faster and easier
and allows.

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 BIBLIOGRAPHY

 Ealy, A New Evolution in Hack Attacks: A General Overview of Types, Methods, Tools,
and Prevention

 Martin, Phishing for Anwers: Exploring the Factors that Influence a Participants Ability to
Correctly Identify Email

 Consumer Fraud and Identity Theft Complaint Data,

 Gercke, ‘Criminal Liability for Phishing and Identity Theft,

 Identity Theft, McAfee White Paper,

 Healy, Child Pornography: An International Perspective,

 Child Pornography and Pedophilia: Report Made by the Permanent Subcommittee on

Investigations,

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