NEED SOMEONE TO COMPLETE LITERATURE REVIEW
JOHNDOE27
sample_paper_6.pdf
US POLICIES ON TWO TRANSNATIONAL CRIMES, ILLICIT DRUG
TRAFFICKING AND CYBER-LAUNDERING, WILL NOT SECURE THE
HOMELAND FROM TERRORIST THREATS
A Master Thesis
Submitted to the Faculty
of
American Public University
by
First Name Last Name
In Partial Fulfillment of the
Requirements for the Degree
of
Master of Arts
April 2012
American Public University
Charles Town, WV
1
A wealth of academic literature on transnational crimes has increased over the past decade.
In particular, illicit drug trafficking and cyber-laundering, are two of the most active crimes that
are being utilized to support terrorist organizations. The first of the resources for this research
paper comes from Jay S. Albanese’s 2012 Deciphering the Linkages between Organized Crime
and Transnational Crime from the Journal of International Affairs, Volume 66, Issue 1. The
significance of this particular literature is that it provides characteristics of organized crimes and
transnational crimes which is important for this study. The review of this literature highlights the
linkage between organized crimes and transnational crime while making the point clear that the
two are distinctively separate. By having a sound understanding in the particulars are critical as
US policies are reviewed and discussed for analysis throughout the research. The root conduct
of both organized crime and transnational crime parallels each other according to studies. A
synopsis of this literature provides distinct differences between transnational crimes and
international crimes in that transnational crime are those crimes leading to or resulting in
individual profit. One of three elements, if not two or all three, may exists during the
identification of transnational crimes. The elements are illegal substances, the arrangement for
illegal labor, and or penetration of either commercial or government businesses operations.
Additionally, the literature characterizes international crimes as those crimes that involves crimes
against humanity that sometimes includes several countries. There are three classifications of
transnational crimes, Provision of Illicit Goods; Provision of Illicit Services; and Infiltration of
Business or Government. Studies have shown that the existence of transnational crime is nothing
new. These crimes have in fact existed for many decades and there has been little to no change
in them; but, the innovative technology has advance the means in which these crimes are
executed.
Another literature review provides an in-depth concern for political officials. John Rollins
and Liana Wyler convey these concerns clearly in their 2010 article International Terrorism and
Transnational Crime: Security Threats, U.S. Policy, and Considerations for Congress. The
literature adds value to the research because the recognition of political disconnects and law gaps
that terrorist organizations exploit are highlighted. In this report to Congress there are
conceivable strains between counterterrorism and anti-crime policy objectives; to include, the
usefulness of financial intelligence in fighting the crime-terrorism nexus. (Rollins and Wyler
2010, 12)
2
Gilipowski W. Paraschiv’s 2013 Conceptualizing Transnational Organized Crime:
Economic, Management, and Financial Markets, Volume 8, Issue 2, is an eye opening piece of
literature. The purpose for inserting this literature within the research is to exclusively bring to
the forefront the enormous amount of resources and assets that it will take to unify the
international community in order for US policies to be more effective. A clear synopsis of this
literature supports other areas of research in making it clear that the boundaries of transnational
organized crimes are nonexistence. The article provides an understanding to how the
international community realizes that transnational organized crime is a common threat while
highlighting the division in international law and policies. Additionally, the article highlights
transnational organized crime having developed in various countries throughout the world;
subsequently, making this emergence a phenomenon. The literature illustrates the political
influence throughout the international community that makes US policies vulnerable. For an
example, Asia’s footprint consists of multiple loop holes added with corruption and a lack of
effective governance. Without a clear definition or understanding to distinguish between gangs
and organized crime, the political initiatives could have challenges. If there is not an objective to
influence politicians to establish judicial authority at the national level to combat organized
crime, many efforts to minimize this baseline that influences transnational crime will be doomed
at the start. The size and growth of transnational crime cannot truly be determined because the
crime groups often establish and maintain contingent ties with each other. Worthy to note is the
hierarchical structure described in this article that clearly articulates the complexity in
comprehending the international community’s ability to fight and stop transnational crime, the
global threat impact of transnational crime, and the business and economic dimensions of these
crimes. (Paraschiv 2013, 173-178)
The Congressional Research Service describes various patterns that parallels to interaction
among terrorist groups leading to transnational security issues. In recognition of these activities,
the US Congress continues to respond with policies in attempts to remain abreast with the rapid
changing environment in Terrorism and Transnational Crime: Foreign Policy Issues for
Congress by John Rollins and Liana Wyler, 2013. US global security interests are threatened by
transnational crimes and to this extent, in 2011 President Obama issued the Strategy to Combat
Transnational Organized Crime. Although, the US security strategies maybe multidimensional
3
in focusing on citizen security and dismantling illicit networks, the support from governments
throughout the international community is needed. The literature is significant and support the
research in defining the complexity to establish policies to support the people to carry out
strategic objectives that are identified within this study, starting at the top of the political stage.
In Congress charge to evaluate the current policies and practices in determining if the US is
synchronized in effectively fighting transnational crimes, the committee realizes that the
conceptualization of transnational crime will require interagency coordination with international
cooperation. Adding to the challenge of loyalty and total commitment is geographic regions and
politics. Clapper’s testimony to Congress in 2012 emphasized that illicit networks have been
fundamental in the growth of transnational crimes that has led to profitable terrorist networks;
subsequently, increasing the threats to US national security.
The research study focuses on two specific transnational crimes, illicit drug trafficking and
cyber-laundering. The first of several literature reviews to support this research study in the area
of illicit drug trafficking is a thorough analysis of US drug policy by David Boyum and Peter
Reuter in 2005, An Analytic Assessment of US Drug Policy. The review of this literature
supports the claims that policies targeting the prohibition of drugs are universally ineffective.
The constant development of illicit drugs and its distributions are staying ahead of policies and
counterdrugs programs designed to combat such activity. Although drugs growth in quantity are
geographically limited, the sophistication involved in establishing an illicit transnational drug
trafficking network makes the fight against these crimes more challenging. Another key point to
highlight from the review is that US policies along with tougher laws will not materially reduce
the use or illegal sale of drugs. The study within this literature exclusively discusses the need for
drug treatment services that is in short supply. The ability to treat drug users is a key aspect in
fighting the war on drugs; however, some US policies do not address the root issue or concern.
The absence of US policies to target this area is a gap requiring lawmakers and politicians
attention. The identified gap contributes to the research findings and establish ground for later
discussions.
Drug Policy in Understanding America: The Anatomy of a Exceptional Nation by Jonathan
P. Caulkins and Mark A. R. Kleiman, 2008, highlights the counterdrug initiatives carried out by
the US. The literature supports the study in many ways; but, specifically in such a way to
magnify discussions surrounding US policies. In accordance to this literature, the US fight on
4
illicit drugs has led to more arrest and imprisonments than its European partners. A sense of
relevancy is established in this literature that aid the conceptualization of illegal drug trafficking.
The US parallels countries like Columbia and Nigeria in comparison to its severe drug problem.
The literature focuses many efforts on comparing the US with other countries throughout the
world to highlight the use of illicit drugs. The results of studies performed are anything less than
stunning. Combating the trafficking of transnational illicit drug exhausts many US resources that
include equipment, money, and people. Before the US could actually identify the chaos
associated with its leading illicit drug, cocaine, Americans embraced the illicit drug before its
exposures. Other countries simply watch the effects that it took throughout the US before trying
the drug. To this extent, other countries did not have the capability in availability for cocaine.
The US have large Colombian immigrants communities in Florida and New York and with so
much legal trade occurring in these areas, the literature suggests that the capability to effectively
hide the illegal trafficking of cocaine is almost seamless.
The Congressional Research Service study focusing on the illegal drug trade in Africa has
direct ties to the US policies designed to combat illicit transnational drugs trafficking. The
majority of the illicit drug growth and trafficking in Africa is directed towards South America
and European countries according to Liana S. Wyler and Nicolas Cook in their 2009
congressional research Illegal Drug Trade in Africa: Trends and U.S. Policy. However, other
illegal products such as heroin and precursors required to make illicit drugs do enter the various
borders of the US. The issue that is revealed in the literature is the threat to US policy and its
interests both at home and abroad. Because of the enormous illegal drug production
environments throughout the western portion of Africa, US policies combating transnational
illicit drug trafficking faces an uphill battle. The challenge becomes even more complex when
terrorist organizations occupy various parts of the region for safe havens. Additionally, the
revelations of US policies being in its early stages or formative stages are exposed during this
study. The study further suggests that there is not a solid commitment or coordination on roles
from both the US and the international community’s counternarcotic agencies.
Continued support that suggests the US policies for combating illicit drug trafficking are
ineffective comes from a review of the updated 2006 Congressional Research Service Report for
Congress, International Drug Trade and U.S. Foreign Policy by Raphael F. Perl. The literature
discusses the rise in production of opium, marijuana, and coca. Subsequently, a key point that
5
relates to this study is the emphasis of concern relating to incontrollable consumption that
contributes to further discussions throughout the research. In pursuit to establish the perfect anti-
drug control policies, the US finds itself in a political storm that results from contradictions of
national policy interests. The relevance of this literature to the study is significant because the
findings proves invaluable in that the links between drug and terrorist organization are brought to
the forefront. Additionally, another gap in US policy is exposed that sets the stage for follow on
discussions throughout the research. The multiple programs that are discussed within this
literature contributes to the confirmation of findings relative to this research study.
The Federal Bureau of Investigations (FBI) describes the greatest cyber threats to be the
illegal acquiring of assets, sensitive data such as economic information or military classified
intelligence. Gordon M. Snow’s 2011 article, Federal Bureau of Investigation: The cybersecurity
threat, focuses on the cyber threats to the US private sector, supply chain, and critical
infrastructure. The article suggests that the US critical infrastructure will not be 100% intrusion
free; thereby, always being available for anyone with the ability and means to gain access. There
are tremendous economic losses resulting from cyber threats. Although, the FBI constantly
changes its methods in dealing with cybercrimes, so does terrorist organizations. Innovation of
new cyber technology improves national and international relations. Unfortunately, this same
advance technology becomes available or can be gain through illicit means by terrorist
organizations. The article clearly make a point to address the theft of intellectual property and
supply chain issues that can be interrupted by terrorist organizations. The threat, although
specifically discussed targeting US interests, is not an isolated threat for one nation. The
growing cyber threat is an international issue with improvements in the availability and the
ingenuity placed in creating malicious software that makes current national security policies an
issue. Transnational crimes such as cyber laundering can be hidden through multiple layers of
cyber access points created by automation increase requirements. Another issue is that with
internal support given to adversaries by recruiting business and intellectual individuals, as
suggested by the article, the damages caused by cybercrimes will continue to grow, making it
impractical to calculate. Information gained from this article contributes to further analysis of
US policies targeting cyber-laundering.
Lieutenant Colonel John W. Brennan’s 2012 literature United States Counter Terrorism
Cyber Law Policy, Enabling or Disabling recognizes the need for political lawmakers and
6
national decision-makers to place emphasis on the modification to current US policies. This
study was conducted to determine if US counter terrorism cyber laws and policies were enabling
or disabling government initiatives to counter the fight on terrorism in cyberspace. There appear
to be no optimization on the use of national counter terrorism assets according to the study; to
include, a lack of policies update that are designed to effectively support government officials.
Although there are US strategies such as the 2011 International Strategy for Cyber Space, the
study emphasizes the need to initiate a comprehensive sourcing for domestic and international
law. The failure to take these actions will continue to hinder the professionals from performing
their jobs effectively whom are the very ones the strategy is designed to support. The gap that is
created resulting from inconsistencies between national security, counter terrorism and its cyber
strategies, and the laws and policies currently established enables terrorist organizations to
occupy and operate cybercrimes successfully; including, cyber laundering. The review of this
document increases the awareness of US policies that are not fully supported by domestic or
international law.
A 2008 report to Congress by Clay Wilson, Botnets, Cybercrime, and Cyberterrorism:
Vulnerabilities and Policy Issues for Congress, reveals the modernization and sophistication of
cybercrime. The report supports this research in that evidence is provided that support gaps
within current US policies targeting cyber-laundering. Additionally, the literature specifically
bridges the two researched transnational crimes, illicit drug trafficking and cyber-laundering.
The article points out the fact that normal business practices for some IT business consists of
developing more advance computer codes for the sole purpose to be utilized for cybercrimes.
The illicit profits are recognized as being extraordinary. Modern technologies continue to
surpass policy for law enforcement. Complications of coordination among agencies of different
nations, also with clashing national policies about crime in cyberspace, cultivate to the benefit of
cybercriminals who can select to function from geographic locations where penalties may not
exist for some forms of cybercrime. Value is added to the research with the insertion of specifics
from this literature because it magnifies the complexities that must be taken into consideration
during the establishment of new US policies or the modification of current US policies.
Cyber-laundering techniques that are utilized by criminals or terrorist organizations are
discussed in Wojciech Filipkowski’s 2008 article Cyber Laundering: An Analysis of Typology
and Techniques. The purpose of this literature is to add examples and highlight symptoms of
7
cyber laundering. Additionally, facts and evidence revealed in this literature substantiate many
claims within this research. Policies and laws that are tailored to human beings may exist in both
the physical natural environment and the cyber environment. Unfortunately, the authority to
enforce policies and laws amongst digital profiles in the cyber environment is not a simple task.
The ability to exchange or transfer currency in a digital environment swiftly, easily, securely,
and mostly anonymously are all great attributes of the use of the Internet. The issue arise in the
increase use of these same attributes by terrorist organizations for both illicit drug trafficking and
illicit cyber-laundering.
8
Bibliography
Albanese, J. (2012) Deciphering the Linkages between Organized Crime and Transnational Crime. Journal of International Affairs, Vol 66(Issue 1), pp. 1-16
Bahgat, G. (1999) Iran and Terrorism: The Transatlantic Responses. Studies in Conflict
&Terrorism. 22(2), 141-152. doi:10.1080/105761099265801
Brennan, J. (2012) United States Counter Terrorism Cyber Law and Policy, Enabling or Disabling? Retrieved from http://nsfp.web.unc.edu/files/2012/09/Brennan_united-states-counter-terrorism- cyber-law-and-policy.pdf
Boyum, D. and Reuter, P. (2005) An Analytic Assessment of U.S. Drug Policy. Washington, DC. Aei Press.
Caulkins, J. and Kleiman, M. (2008) Drug Policy in Understanding America: The Anatomy of a Exceptional Nation, eds Peter H. Schuck & James Q. Wilson, 563- 953. New York: Public Affairs
Costanza, W. (2001) Hizballah and its Mission in Latin America.
Cyber Laundering: The Risks to On-line Banking and E-Commerce Companies.
Retrieved May 29, 2008 from Stop money laundering! International conference (London, February, 2002) Web site: http://www.antimoneylaundering.ukf.net/papers/solicitor.htm
Doyle, C. (2002) The USA PATRIOT Act: A Legal Analysis. Retrieved from
http://www.fas.org/irp/crs/RL31377.pdf
Ephron, D., Reno, J., Sparks, J., & Hosenball, M. (2006) Hezbollah’s Men Inside America. Newsweek, 148(7), 24-25
Filipowski, W. (2008). Cyber laundering: An analysis of typology and techniques.
International Journal of Criminal Justice Sciences, Vol 3(Issue 1), pp. 15-27, doi: ISSN: 0973-5089
Finckenauer, J., and K. Chin. “Asian Transnational Organized Crime and Its Impact on
the United States.” Final report for the National Institute of Justice, Washington, DC: U.S. Department of Justice, National Institute of Justice, 2006, NCJ 213310.
Finklea, K. and Theohary, C. (2013). Cybercrime: Conceptual Issues for Congress and
U.S. Law Enforcement. Retrieved from http://jltp.uiuc.edu/recdevs/raghavan.pdf
9
Hathaway, O., Crootof, R., Levitz, P., Nix, H., Nowlan, A., Perdue, W. and Spiegel, J.
(2011). The Law of Cyber-Attack. Retrieved from http://www.law.yale.edu/documents/pdf/cglc/LawOfCyberAttack.pdf
Paraschiv, G. (2013). Conceptualizing Transnational Organized Crime.
Economic, Management, and Financial Markets, Vol 8(Issue 2), pp. 173-178, ISSN 1842-3191
Perl, R. (2006). International Drug Trade and U.S. Foreign Policy. Retrieved from
http://www.au.af.mil/au/awc/awcgate/crs/rl33582.pdf
Raghavan, T. (2003). In Fear of Cyberterrorism: An Analysis of the Congressional Response. Retrieved from http://jltp.uiuc.edu/recdevs/raghavan.pdf
Rollins, J. and Wyler, L. (2013). Terrorism and transnational crime: Foreign
policy issues for congress. Retrieved from http://fas.org/sgp/crs/terror/R41004.pdf
Rollins, J. and Wyler, L. (2010). International Terrorism and Transnational Crime: Security Threats, U.S. Policy, and Considerations for Congress. Retrieved from http://www.fas.org/sgp/crs/terror/R41004-2010.pdf
Saint-Claire, S. (2011). Overview and Analysis on Cyber Terrorism. Retrieved from
http://www.iiuedu.eu/press/journals/sds/SDS_2011/DET_Article2.pdf
Snow, G. (2011). Federal Bureau of Investigation: The cybersecurity threat. Retrieved from http://www.fbi.gov/news/testimony/cybersecurity-responding-to- the-threat-of-cyber-crime-and-terrorism
Solicitor General Canada (1998). Electronic Money Laundering: An
Environmental Scan. Retrieved May 29, 2008 from the Department of Justice (Canada) Retrieved from: http://www.justice.gc.ca/eng/pi/rs/rep- rap/1998/wd98_9-dt98_9/wd98_9.pdf
The White House. (2010). Cyberspace Policy Review: Assuring a trusted and resilient information and communications infrastructure. Retrieved from http://www.whitehouse.gov/assets/documents/Cyberspace_Policy_Review_final.p df
Whine, M. (2010). Cyberspace-A New Medium for Communication, Command, and
Control by Extremists. Studies in Conflict & Terrorism, Vol 22(Issue 3), pp. 231- 245, doi: 10.1080/105761099265748
Wilson, C. (2008). Botnets, Cybercrime, and Cyberterrorism: Vulnerabilities and Policy
Issues for Congress. Retrieved from https://www.fas.org/sgp/crs/terror/RL32114.pdf
10
Wyler, L. & Cook, N. (2009). Illegal Drug Trade in Africa: Trends and U.S. Policy
Retrieved from http://www.fas.org/sgp/crs/row/R40838.pdf
