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Trends & issues in crime and criminal justice

No. 285: Impediments to the successful investigation of transnational high tech crime

Russell G Smith
ISBN 0 642 53848 4 ; ISSN 0817-8542
October 2004

Abstract

Technology has both facilitated and impeded the investigation of crime, particularly high tech crime involving computing and communications technologies. On the one hand, computers have enabled vast amounts of data to be searched and analysed quickly, and have permitted documents and files to be scanned and transmitted across the globe in seconds. On the other hand, the sheer quantity of information creates considerable problems for investigators who sometimes have to examine gigabytes of data and break encryption codes before the material they are interested in can be discovered. This paper reviews seven barriers to the effective investigation of high tech crime across borders: the problems of identifying suspects, securing extradition, choosing an appropriate jurisdiction, search and seizure powers, encryption, mutual assistance arrangements, and logistical and practical barriers. The paper also offers some solutions that could be used to streamline future investigations in cyberspace.

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