Free Essay - The FBI Victorious With Transnational Challenges to Catch Cybercriminals

Recently, cyber breaches have been a tremendous thorn in the global economy since cyber-attacks know no borders and are facilitating a range of other crimes. As a result, the Federal Bureau of Investigation (FBI) Cyber Division heading the national effort to investigate and prosecute internet crimes, along with cyber-based espionage, terrorism, computer, and other cyber frauds is a lead federal agency investigating the various cyber-attacks terrorists and overseas adversaries. The issue concerning cyber-crimes is a threat that is growing as technology is advancing and they are becoming more sophisticated and dangerous with most of the cybercriminals targeting multinational companies, government agencies, high tech companies, as well as other economic crimes likely to yield high returns. According to the FBI, the nation's vital infrastructure, pertaining both private and public sector networks, are targeted by the cybercriminals along with American companies targeted for the trade of confidential corporate information, and academic institutions for their high-value research and development. On the other hand, citizens are majorly targeted by identity thieves and fraudsters that seek to defraud them off financial information. Moreover, the FBI is taking the necessary measures and transformations to mitigate the growing cyber-crimes, particularly in the intrusions in governments and other private computer networks.

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However, in as much as the FBI is involved in the investigation of the cybercrimes, enormous challenges are existing in the attempt to apprehend cyber criminals. For instance, one of the most monumental FBI investigations was the Alexey Ivanov and Vasiliy Gorshkov Russian hacking case. After the various procedures and investigation by the FBI and determination that they had substantial evidence to charge the two Russians in a United States court of law, the two had to be arrested; however, there was a significant complication since the hackers were in Russia. In an abridgment of the hacking case, Russian hacker Alexey Ivanov was lured to the United States by the FBI through a job interview that did not turn out as Ivanov had expected. At Ivanov's suggestion, the company offering the job encouraged Alexey Ivanov to bring along Vasiliy Gorshkov, a fellow hacker, to Seattle where the two Russians were arrested as they were being driven to their lodgings. Ivanov and Gorshkov were charged with computer fraud, extortion, hacking, and conspiracy. As such, it is evident that FBI purposely used false information to bait and lure the two Russian hackers into the United States a strategy that aided the FBI in the arrest, charging, and conviction of the cybercriminals (Schroeder, 2005). One of the most significant gains from the Ivanov case could be the legal milestones marked when the courts upheld the decision to charge foreign cybercriminals in U.S courts.

However, despite the rulings, the situation leaves various questions unanswered. Thus, the occurrence delivers the need to investigate and prove the FBI was victorious with apprehending Ivanov and Gorshkov. This research will depict the transnational cyber defense, along with the methods supported by the FBI investigation.

Literature Review

After the 9/11 terrorist strike, the FBI published a set of long-term organizational change focusing on the Strategy Management System to ensure that such occurrences do not surface again. The FBI strategies and forensics skillsets necessary in the execution of FBI strategic plan to apprehend seek to reflect on cyber intelligence, operations integration, and reduced administrative workload as the strategies are streamlined and simplified. Moreover, the FBI provides the strategy Snapshot, Pillars, and Card to ensure that individuals and institutions can understand the Federal Bureau of Investigation strategy. According to a publication by Al Hait (2014), he delivers details concerning jurisdiction in cybercrimes. According to Al Hait (2014), cybercrimes are committed in the shadows and transmitted worldwide without the need for documents. Al Hait (2014), examines the problem of jurisdiction over the cybercrime, extradition law of cybercriminals, and other related judicial laws. According to the study, Al Hait (2014), concludes that any cybercrime is a translation of criminal ideologies thus the existence of criminal responsibility and that cybercrime laws ought to harmonious among varying nations as they deliver a common interest which is to protect.

Similarly, the FBI assumes various strategies to execute strategic plans; however, there must be the existence of concrete and substantial evidence against cybercriminals mainly, if under varying jurisdictions. In the execution of FBI strategic plans, it is critical to note that cyber-attacks elude the effort of national law enforcement agencies hence posing a threat. In consideration of what is precisely happening in cybercrime, it does not share the characteristics as seen in the real-world crime shaping most of the utilized models and strategies. Unlike real-world crime that inflicts a particular type of harm, cybercrime inflicts both systemic and individual injury. Thus, it means that there are two significant ways according to Brenner and Clarke (2005), the FBI can ensure a reduction in cybercrimes. The reactive model can be improved to react to cybercrime and retained or guarantee the development of a new approach (Brenner & Clarke, 2005).

Correspondingly, there are other involved cases, that in one way or the other, deliver a similar implication to the case of Ivanov and Gorshkov over hacking charges. According to Endicott-Popovsky, Ryan, and Frincke (2005), if practitioners consider collecting network forensic data, they face a choice between collecting forensically sound data or only sorting the network as soon as possible. Transnational Cyber Defenses ripple across borders, exploiting the global interconnected communications since they affect multiple nations. According to Perloff-Giles (2018), the occurrence of cross-border cyber-attacks such as dangerous malware and denial-of-service are amongst the biggest causes of conflict between countries since they could be tied to diplomatic ties among other governmental involvements. For example, there have been various attacks that have derived numerous national disputes. In some of the cases, transnational cyberattacks could be liked to individuals or organization in collaboration with a given nation. However, in the case of Alexey Ivanov and Vasiliy Gorshkov, I believe it was appropriate for the FBI to execute the plan. In the occurrence of cyber-attacks by an individual in a different nation, in this case, Russia, it is essential to ensure adherence to the laws and regulation of the involved government. However, at individual levels, the FBI is legible to take the necessary measures meant to protect security. Moreover, through the different meetings and forensics gathered by the FBI, it was apparent that the Russian hackers had broken into scores of computer systems belonging to businesses in the United States, which included banks (Schroeder, 2005). Thus, it was only right for the Federal Bureau of Investigation to take the necessary measures and execute an appropriate plan, although they lured the Russian hackers into the United States.

Discussion of the Findings

According to the findings, cyber-crimes are becoming prevalent and sophisticated as technology develops. The cybercrimes have had an impact on the various conventional crimes. The occurrence creates the need to combat the growing form of criminality since cybercrimes are structurally different and unique. Unlike most of the traditional crimes, cybercrimes require a skillset and have a higher degree of globalization, according to Kshetri (2006). This creates the need for proper measures meant to ensure that cybercrimes are mitigated.

Additionally, Allen (2001) provides the internet jurisdiction of today. According to the study, Allen (2001), revisits the Yahoo case by evaluating the difference in outcomes under the proposed alternative to traditional international jurisdiction. Under the proposed administration, the Yahoo case would not have occurred since France would not have had jurisdiction over Yahoo. However, France would enforce its laws by targeting individual users in France aware of the French law bit participating in fraud (Allen, 2001). It means that the Yahoo case is a notable example of how laws for the physical world may not translate to a borderless net unless they are a subject to international treaties or they are indirectly enforced through the traditional utilization jurisdiction (Allen, 2001).

Today, there are different ways through which individuals can access information on the internet. The layers of the internet go beyond the surface content since many can easily access their daily searches. However, with the availability of avenues such as the Deep Web, they increase the possibilities of exploitation and concealing of criminal activities. Through the Tor browser, individuals can access Deep Web that enables an individual to transact without the need to disclose vital information. As a result, such occurrences have resulted in the need for more advanced technology and policies that aid in curbing cyber-attacks. According to Finklea (2015), involved agencies such as the FBI are working to develop techniques to deanonymize activities on the Dark Web and tame malicious activities.

Recommendation and Conclusions

Various institutions, company, and individuals have suffered tremendous losses as a result of cybercrimes. According to Bernik, (2014), practitioners in the field of cyberspace security ought to consider awareness among individuals since it could be a much better method of protection enabling a higher level of security in cyberspace and individual companies. Also, in a recommendation to the issue of cyber-attacks, the provision of cyberspace security is not only a technical, personnel, and organizational problem, but it a political problem as well since it involved regulation of cyberspace. The causes and the cost model are one of the ways to improve cybersecurity with lower costs (Bernik, 2014). Furthermore, privacy is amongst the most enduring social issues that are associated with information technologies. The occurrence of public surveillance is also among the least understood and challenges to privacy in the current technological setup. As a result, according to Nissenbaum (2004), contextual integrity of privacy ties adequate protection for privacy, which is a significant way to ensure mitigation of cybercrimes.

In conclusion, it is outright that the FBI was victorious in their attempt to catch the two Russian cybercriminals. As far as transnational cyberattacks are involved, it is significant to understand that the major challenge lies in apprehending the involved individuals since they could be residing in a different nation (Godson, 2018). However, through the actions of the FBI and the various strategies and forensic skill set involved, they deliver a significant impact in overlooking the challenges. As a result, one would convey on the success of the FBI in the Alexey Ivanov and Vasiliy Gorshkov hacking case since such occurrence is likely to stir physical conflict between nations.

References

Al Hait, A. A. S. (2014). The jurisdiction in Cybercrimes: A Comparative Study. JL Pol'y & Globalization, 22, 75-84. Retrieved from www.iiste.org

Allen, A., (2001). Internet jurisdiction today. Nw. J. Int'l L. & Bus., 22, 69-90. Retrieved from http://scholarlycommons.law.northwestern.edu/njilb

Bernik, I. (2014). Cybercrime: The Cost of Investments into Protection.