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Research Paper: Thesis Statement and Annotated Bibliography
Samantha Bellino
Liberty University
CJUS 550
Douglas Orr
01/30/2022
.
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Abstract
Computer cybercrimes have become more prevalent as information technology has evolved. This
has caused law enforcement agencies to have to alter their methods of investigation when
attempting to solve a cybercrime case or when being proactive and attempting to stop a
cybercrime from occurring. Jurisdiction has become an issue in cybercrime cases as it is difficult
to determine the exact location that the crime occurred. and the offender could be in a different
country or state than the one in which the victim is in. The typical principles that govern
jurisdiction can no longer accommodate cybercrime, due to the complexity. New methods of
jurisdiction for cybercrime have been created and this paper will compile the different methods
and discuss their uses and limitations.
Keywords: cybercrime, investigate, jurisdiction, offender, prosecute
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RESEARCH PAPER: THESIS STATEMENT AND ANNOTATED BIBLIOGRAPHY
Proposed Topic:
One critical issue that departments fighting cybercrime encounter is the issue of jurisdiction and
issues that come with showing that they have jurisdiction.
Proposed Thesis Statement:
The jurisdiction of cybercrime transcends physical boarders, which can make it difficult
for law enforcement agencies as “the law is traditionally based on the premise that a country is
free to regulate conduct that takes place within its own borders”, but not the actions outside of
the country (Gillespie, 2019, p. 289). The literature says that cloud computing, which entails data
being kept on the internet creates the issue of jurisdiction as often the evidence necessary is not
in the jurisdiction of the investigation (Gillespie, 2019). The solution is territorial jurisdiction
and extraterritorial jurisdiction (Maillart, 2019: Kleijssen, & Perri, 2017). My solution will
address the gap in literature that question the ability for states to exercise jurisdiction relative to
cybercrime (Brunner, 2020). Critics say that the problem involves the jurisdiction of criminal
substantive law and the jurisdiction of the criminal trial. The first is static as it is the country that
is responsible for the crime and the second is dynamic as it could change depending on the laws
of the countries involved (Li & Qin, 2018; Wang et al., 2020). Critics say that my solution limits
jurisdiction to the country or state in which the criminal behavior occurred which can be difficult
(Maillart, 2019). The implications of my research are that states and local authorities in the
United States can be better prepared to develop strategies for proving jurisdiction in cybercrime
cases, giving them the ability to combat the threat of cybercrime (Brunner, 2020). In conclusion,
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cybercrime jurisdiction is difficult to pinpoint but, new methods have been developed that law
enforcement can employ to aid in the issue of jurisdiction (Kleijssen & Perri, 2017).
Preliminary Bibliography
Brunner, M. (2020). Challenges and Opportunities in State and Local Cybercrime Enforcement.
Journal of National Security Law and Policy, 10(563), 563–582.
Gillespie, A. A. (2019). Cybercrime: Key issues and debates. Routledge.
Kleijssen, J., & Perri, P. (2017). Cybercrime, evidence and territoriality: Issues and options. In
M. Kuijer & W. Werner (Eds.), Netherlands Yearbook of International Law 2016: The
changing nature of territoriality in international law (pp. 147–173). essay, T.M.C. Asser
Press.
Li, X., & Qin, Y. (2018). Research on criminal jurisdiction of computer cybercrime. Procedia
Computer Science, 131, 793–799. https://doi.org/10.1016/j.procs.2018.04.263
Maillart, J.-B. (2018). The limits of subjective territorial jurisdiction in the context of
Cybercrime. ERA Forum, 19(3), 375–390. https://doi.org/10.1007/s12027-018-0527-2
Wang, S.-Y. K., Hsieh, M.-L., Chang, C. K.-M., Jiang, P.-S., & Dallier, D. J. (2020).
Collaboration between law enforcement agencies in combating cybercrime: Implications of
a Taiwanese case study about ATM hacking. International Journal of Offender Therapy
and Comparative Criminology, 65(4), 390–408.
https://doi.org/10.1177/0306624x20952391
Annotated Bibliography
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The journal article by Brunner (2020) is an analysis if the methods employed by local and
state government to improve their enforcement of cybercrimes. The article posits a potential
strategy where local departments are integral to catching cyber offenders. This strategy gives law
enforcement the tools necessary to combat cybercrime at the same level as other types of crime,
and aid police in benign proactive in stopping cybercrime from occurring (Brunner, 2020).
The book by Gillespie offers an overview of cybercrime and how law enforcement can
combat it as it grows and develops (2019). The focus of the textbook is on cybercrime in the
United Kingdom but also centers on international jurisdictional aspects of investigating
cybercrime. Key principles of cybercrime are introduced in the book and some main themes of
the textbook are cybercrime investigations, crimes against people, crimes against computers,
offensive content, and property (Gillespie, 2019).
The book chapter authored by Kleijssen and Perri in 2017 is centered on jurisdiction and
policy proposals pertaining to jurisdiction. Effective investigation and prosecution of cybercrime
is hampered by the issue of jurisdiction as cybercrime does not recognize state and country
borders. The invention of cloud computing, creating loss of location issues when gathering
evidence and prosecuting in court. The Cloud Evidence Group has created a proposal for new
measures that would allow access to cyberrime evidence in an effective manner, while respecting
laws and human rights (Kleijssen & Perri, 2017).
The journal article by Li and Qin, discusses cybercrime jurisdiction, introducing a new
theory of jurisdiction places a priority on power (2018). The article proposes negotiating systems
for disputes of jurisdiction. The article shows a new manner of establishing jurisdiction in
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cybercrime cases that gives jurisdiction to the country or agency that has the best resources to
investigate (Li & Qin, 2018).
The journal article by Maillart which is focused on subjective territorial jurisdiction and
its limitations (2018). In cybercrime context, the most fundamental principle of jurisdiction is
territorial jurisdiction. Subjective territorial jurisdiction can be obtained by the state in the
country in which the criminal actions occurred though it is limited to use in cybercrime cases as
it can be difficult to determine the exact location the activity transpired (Maillart, 2018).
The journal article by Wang, Hsieh, Chang, Jiang, and Dallier (2020) is a study on
criminals that programed ATMs to disburse cash. It also is focused on the international
difficulties law enforcement encounter with patrol territories and geographical jurisdictions. The
study examines data from various law enforcement agencies and demonstrates the importance
collaboration when fighting transnational cybercrime (Wang et al., 2020).
These books and journal articles are focused on cybercrime and how to aid law
enforcement in the stopping, investigating, and prosecuting cybercrimes. Jurisdiction in
cybercrime is discussed in each of the sources, in varying depths. The textbook offers a glimpse
of the issue, and the book chapter offers methods of solving jurisdiction issues. The journal
articles offer new methods and theories of jurisdiction as it pertains to cybercrime and discuss the
limitations of jurisdiction.
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