Abstract & Introduction

The growing cybercrime nowadays has become the challenge for the
police organisations. The documents of the evidence of the
cybercrime includes empirical research on the cybercrime units in
Australia to report the issue and find an appropriate solution for the
cybercrime over online issues in Australia. The priority challenges of
cybercrime are listed and highlighted in this report of cyber policing.
Also the suggestion of the staff to solve a particular problem or issue
of cybercrime is welcomed and hence considered. Criminals of the
globe Wide internet exploit web users’ personal info for his or
her own gain. Cybercrime is a computer oriented crime i.e. any
criminal activity that involves computer, some networked devices or
network such as local area network (LAN), metropolitan area network
(MAN) or wide area network (WAN). In other words,
Cybercrimes can also be outlined as: Offences that area
unit committed against people or teams of people with a criminal
motive to advisedly hurt the name of the victim or cause physical or
mental hurt, or loss, to the victim directly or indirectly, using
modem telecommunication networks like net (networks as well
as chat rooms, emails, notice boards and groups) and mobile phones
(Bluetooth ,SMS)2. It is calculable that crime prices businesses over
more than $12.7 million annually within the united states alone. Each
and every data stored in the digital form like smart cards, electronic
mail etc. may act as a prey to cyber criminals to purloin the data and
perform various fraudulent activities2. Most of the cybercrimes are
carried out, resulting ample amount of profit for cyber criminals.
Some cybercrimes are implemented against network devices to cause
damage to computer system and individuals files in the system.
Further, some cybercrimes do each -- i.e., target computers to infect
them with viruses, that square measure then unfold to different
machines and, sometimes, entire networks1. To more scale back the
possibilities of detection and prosecution, cyber
criminals usually value more highly to operate in countries with weak
or non-existent crime laws1. To solve the problem of cybercrime is
the foremost priority of police organisation so as to maintain security
measures. The malicious cyber activity in Australia reported against
the national and economical interest was the increasing rate of
frequency , scale and sophistication which gives an estimate idea of
the total cost of cybercrime noticed every year which accounts for
around billions in Australia. The researchers continue to research
about the complexity of cybercrime and also the prevention methods.
Various state police organisation have responded to the threat of
cybercrime within Australia. Bossler and Holt suggested that there
should be a empirical need for research exploring law enforcement
awareness and preparation reports for dealing with cybercrime.
Most people paying attention would expect that the cost of
cybercrime has gone up in recent years. But a new report has put a
number on it: Worldwide cybercrime costs an estimated $600 billion
USD a year.
That’s up from $500 billion USD in 2014, the last time security
vendor McAfee and think tank the Center for Strategic and
International Studies released a similar study. The new estimate
amounts to 0.8 percent of global GDP, up from 0.7 percent in 2014.

“Cybercrime is relentless, undiminished, and unlikely to stop,” writes

report author James Lewis, senior vice president at CSIS. “It is just
too easy and too rewarding, and the chances of being caught and
punished are perceived as being too low.”

Lewis points to poorly-protected IoT devices as a particular problem.

Insecure IoT devices “provide new, easy approaches to steal personal
information or gain access to valuable data or networks,” he writes.
They also power botnets that can create massive denial-of-service
attacks.
Among the other reasons for the growth in the cost of cybercrime:

 Cybercriminals are embracing new attack technologies.

 Many new Internet users come from countries with weak
cybersecurity.
 Online crime is becoming easier through
cybercrime-as-a-service and other business
schemes.
 Cybercriminals are becoming more financially
sophisticated, making it easier to monetize
their exploits.

Data and Methods

The data in the research papers includes the data from case study. The
case study is the proper examining of the cybercrime activity which
also includes the proper functioning of specialist’s cybercrime
organisations. The law enforcement in Australia is state based and
should emphasize not only on lager municipalities rather it should
also focus on small cities and towns. The Australian federal police
plays a major role in operating and maintain cybercrime events and
crimes done online. Cyber- enabled crimes and offences are operated
and mainly focused by the state police and also state police focuses on
other cyber units which includes more serious cases. In early 2017,
the surveys with both cyber units i.e. Australian police federal and
state police organisation were held providing the basic information on
its members , years and level of qualification regarding information
technology (IT).
II. Challenges to enforcement of cybercrimes

Efforts at national, international, and regional levels through

instrumentality of legislations were discussed earlier in place
to combat cybercrimes without prejudice to effectiveness of
the extant laws, to minimize the cybercrime, and in order to
enhance development there is rise in frequency. As a result,
development measures are taken to control the issue of
cybercrime. as efforts are being made to stem the tide of
cybercrimes, so are many cybercriminals are devising new
methods on performing cybercrime and targeting the global
world and economy and global measures are targeted for the
problem faced by them. The challenges faced by police
organisation and mankind are as follows:
 Identity of the cyber criminals
No easy means are found in identifying the cyber
criminal i.e. who is doing what and what is the location
of the criminal at the point of time. The systems
available globally if free to use with no cost charged
and no perquisite is to be filled, until the user want to
connect with anywhere and anyone across the globe.
The user login to the system to connect with his certain
or id’s and password hacked by him. As there is
freedom of communication and information which is
unfettered the identity of the cyber criminals can be
hidden easily. The criminals use various
telecommunication gadgets to trace the online internet
protocol (IP) address of many users in order to gain
personal information about them and use them for
various purposes. If the internet protocol address (IP) is
tracked then the identity of cyber criminal is disclosed
to the police organisation and also to general public.
 The Jurisdiction challenges
The another main and potent challenge to enforcement
of cybercrime laws is jurisdiction challenges. It was the
main issue after the German issue.
Aside from the Germane issue of anonymity now, one
other potent challenge to enforcement of cybercrime
laws is jurisdiction. The nation- state of the world have
the authority to make laws and impose them on various
persons and things within its geographical boundary i.e.
country. The laws are operated within the country and
does not cross the boundaries. The power of a court or
the judge which allows him to perform an action,
petition or maybe a proceedings is what is called as
jurisdiction. Cybercrime transcends states and
jurisdiction. Thus, the cyber criminal may sit anywhere
i.e. his home , office and anywhere around the globe
and can perform malicious activities with whatever
device he chooses i.e. his phone, tablet, laptop etc
connected to internet over a network. There is no need
of the victim to meet the person who perform these
malicious functions i.e. changes and manipulations
made from one computer by the criminal can effect the
system of the victim in the other country.

 The extradition process challenge

The word is made of 2 French words i.e. ex which
stands for out and tradition which stands for
deliverance. When one jurisdiction delivers a person
convicted of being committing a crime in another
jurisdiction over to the law enforcement of there law is
known as the act of extradition. There is no act impose
on the sovereign nation as an obligation to make it
possible to return the cybercriminal to there respective
country for trial as this is stated under international law.
 One of the most biggest and unavoidable hurdle to
extradition of criminals to requesting states is “unruly
legal horse” which is also known as jurisdiction and
jurisdiction is often invoked by the states to deny
extradition.

 The challenge regarding the nature of evidence

The other and foremost important impediment to
enforcement of cybercrime laws wherever the attempts
are made to hack a system or to perform any malicious
activity across the globe is the nature and quality of
evidence available with the custody of police
organisation in order to take some action against it and
also the admissibility of the same s also noticed during
the process of course trial activity of cybercrime
occurred. The existence of the evidence gives a proof
that an activity has occurred which un appropriate
according the laws. The evidence contains documentary
evidence of the occurrence of the activity. The law of
evidence has all the information and presentation of
facts and proofs in the proceedings. The evidence could
be any form such as circumstantial, conclusive, direct,
extrinsic, primary, secondary etc. but the review of the
evidence related to cybercrime is the application of
science to give approval i.e. the questions which are
raised from crime also called forensic.
 The lack of effective reporting and dearth of the data
May countries have laws and policy applicable to
various crimes taking place but what we lack is the
enforcement of the same i.e. the laws and policy of the
cybercrime as the challenge is not unconnected with
reporting of effective reporting of the activity of
cybercrime that took place to the police organisation
authorities across the globe in order to bring
development across the globe for bringing the prime
and global attention and appreciation to the extensions
 of activity of cyber crime by the cyber criminals. The
closure of the crime is necessary to attain the
cooperation and attention of the public towards the
victim of cybercrime whether private, corporate or
institutional entities becomes the victims.

 The cost, time and efforts incurred in investigation and

prosecution
The cost of forensic report of cybercrime so as to gather
the evidence in terrestrial crimes is generally high due
to use of high-tech equipment’s, materials and also the
experts involved in the investigation for the crime. The
additional cost is added in the investigation if the
criminal is wanted extraterritorially as it includes
travelling cost, accommodation cost, entertainment,
feeding, transportation etc. Also sometimes language
acts as a barrier, therefore to hire a translator the
another cost is added to the investigation cost.

 The lack of adequate legislation and ineffective ones

where extant
The inadequate legislations and the ineffectiveness of
the cyber safety and security is the main reason which
hampered the enforcement of cybercrime laws. There
are 193 full UN members, 2 observer states of
cybercrime and 6 state with partial recognition
according to the United Nations (UN) in total making
201 countries in the world. But only 79 countries out of
this number of 201, the majority being in western
Europe having 79 countries which have specific laws to
be enacted on cybercrime by police organisations. This
concludes that only 40% of countries in the world have
made laws against cybercrime. As the laws can not
deter criminals thus it would make little on no impact
 on cyber criminals even if the extant laws are imposed
on them.

 International law without enforcement mechanism

Due to lack of enforcement mechanism no international
law is not considered as a law as the protagonists of this
statement insist that police organisations are forced to
implement international laws in the country irrespective
of any argument. As the strictness of enforcement of
laws is lacking with respect to cybercrime laws, the
enforcement of cybercrime laws appears to be stultified.

 Domestication of international law and applicability to

suit local conditions
It is the legal requirement when the president or the
head of states might have signed the international
treaties. This becomes the legal document at the
national level but this is often this obligation of national
level document is being neglected by the law making
authority. The slowing down of the enforcement of the
cybercrime laws is due to the inability or the tardiness
of the legislature across the globe.
 Dearth of experts in prosecution of cybercrimes
Factors such as poor training, remuneration of the
person and inadequate security features and protection
of the job of enforcement agency officials is called the
dearth of experts in the prosecution of cybercrimes. If
the law enforcement performs the good job in
investigation of cybercrime, The expertise of
prosecution will remain very important to secure the
proofs of cybercrime and criminal records.
  Absence of one universal law governing cybercrime
If there is no one universal law governing the
cybercrime i.e. the country lacks jurisdiction which
means that the person can perform a crime sitting in one
corner and effecting the person at other corner of the
country or the state. I other words it maybe stated as
cybercrimes are international, borderless and it leads to
increase in international cybercrimes.

Law enforcement in Australia

Apart from the three components of country justice system including

the courts and correction is law enforcement in Australia. Federal,
state/ territory and local are the all three levels of government who
employs the law enforcement officers. Australian federal police
(AFP) is the main law enforcement agency in Australia which
protects its national and country’s interest by enforcing the Australian
criminal law for the people performing various malicious activities.
Also there are many number of agencies such as national security
(ASIO), custom and immigration (ABF) which have powers to take
action against the cybercrime taken lace in a specific area.

As each Australian state enacts its own laws, general law enforcement
duties are the responsibility of state police forces, who are in turn
responsible to a government minister (usually the Minister for Police).
These forces carry out the bulk of general policing throughout the
entire state, including in metropolitan areas. Other state-government
departments may also have investigative powers for specific offences
within their purview. The Northern Territory also has its own police
force, but in Australia's other territories (including the Australian
Capital Territory) law enforcement is handled by the federal
government.
Australian state and federal police routinely carry firearms. While on
duty, most officers' duty belts consist of a handgun, a Taser,
an expandable baton, pepper spray, a set of handcuffs, ammunition
magazines, gloves, torch and a two-way radio. Local governments
have their own smaller force of authorised officers – known
as council rangers – to enforce local laws pertaining solely to
individual local government jurisdictions. Council rangers generally
do not have full police powers (unless they are sworn as special
constables).

List of law enforcement agencies in Australia

There area many law enforcement agencies in Australia. Law
enforcement is facilitated by various different sworn law
enforcement agencies and civil regulatory agencies and the
levels on which law enforcement is carried is federal, local
and state levels.
Law enforcement officers operate under sworn law
enforcement agencies that gives them the power to arrest and
take action wherever the laws are violated whereas the
enforcement and compliance of specific laws are setup by the
civilian regulatory agencies which comprise of civilian
investigators. The various sworn law enforcement agencies
are:
 Australian border force
 Australian federal police
 Australian defence force investigative service
 Royal Australian corps of military police etc.
 The various civilian regulatory law enforcement
agencies are:
 Australian commission for law enforcement integrity
 Australian communication and media authority
 Australian competition and consumer commission
 Australian criminal intelligence commission etc.
The overview on law enforcement
 Australian federal police
The funding will be given to Australian federal police
(AFP)form the three key measures in the year 2017- 18
and also the total resourcing of Australian federal police
in the year 2017- 18 was slightly lower than it was in
the year 2016- 17.
Australian federal police is the primary federal law
enforcement agency in Australia. The main
responsibility of Australian federal police is to
investigate of various federal offences and also have
federal jurisdiction for the cybercrime like crime against
commonwealth. The AFP provides protective service to
the federal government including airports, buildings and
embassies and also provide laws which are state- styled
to external territories. Australian police federal (AFP)
was created in 1979.

 Australian Border force

In order to maintain protection at border of Australian
ports as well as Australian waters, the Australian border
force is responsible. Also the maintenance of customs
of enforcement of law is undertaken by Australian
border force. The powers of Australian border force is
limited as compared to federal police, they can only
arrest and detail the powers at Airport jurisdiction and
the person may be detained until he is presented to a
 federal or state law enforcement. The authority to carry
firearms is given to Australian border force.
 The Military Police
The other branch of law enforcement of the services in
Australia is Military police which is also called as
service police. They are multitasked with investigation
of the crime, offences against military law and
enforcing. Australian defence force has its own
independent police officers to make up the military
personnel. A special unit called Australian defence
force investigative service is made up of investigators
which are from different services police which are
tasked or joined to perform investigations for military
offences.
Royal Australian corps of military police provides the
law enforcement duties in Australian army. Everything
is being provided like investigation, military
installation, general law enforcement and etc.
Interpol in Australia

The delivery of Australian international law enforcement

services of the country is done by Australian federal police
(AFP). Also, the hosting of Australian Interpol national
central bureau (NCB) in Canberra is done by Australian
federal police. The national central bureau is operated 24/ 7
and 365 days in a year. The Australian federal police i.e.
AFP’s international operations and National central bureau
both are housed within each other in order to nurture the
working relationships with the following:
 The AFP’s global liaison network of officers which is
deployed across 33 countries in the world.
 Law enforcement representatives which is Australian
based foreign law
 INTERPOL which comprises of regional and
international law enforcement organization, various
crime networks like Pacific transnational crime network
and several other task force entities.
 In Australia, the National central bureau works closely
with law enforcement agencies, border, migration and
various other government agencies in order to give
assistance about investigation of crime and the criminal
in foreign counterparts which are located beyond
national borders.
 The main target of national central bureau is the global
movements of terrorist fighters which are foreign and
international. Also in process of tracing missing
 persons, and performing welfare checks, NCB supports
global partners and national partners and performs day-
to- day criminal intelligence exchange with
INTERPOL.

Summary

The various law enforcement agencies operated in Australia

and other countries are performing various tasks in order to
reduce or completely remove the cybercrime. The
intelligence reports are being prepared by the Australian
federal police and investigation is done at high level by police
organisations whether it may be military police, border police
etc. the suggestion of the staff of various enforcement
agencies are welcomed and implemented by cyber policing.
The strictness of implementing laws foreign counterparts is
high due to the ratio of cybercrime being performed.
 BIBLIOGRAPHY

1 https://searchsecurity.techtarget.com/definition/cybercrime

2 https://en.wikipedia.org/wiki/Cybercrime

3https://www.researchgate.net/publication/327793536_The_challenge
facing_specialist_police_cyber-crime_units_an_empirical_analysis

4https://academicjournals.org/journal/JIIS/article-full-text-
pdf/930ADF960210

5https://www.aph.gov.au/About_Parliament/Parliamentary_Departme
nts/Parliamentary_Library/pubs/rp/BudgetReview201718/LawEnforc
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6 https://en.wikipedia.org/wiki/Law_enforcement_in_Australia

7 https://www.interpol.int/en/Who-we-are/Member-countries/Asia-
South-Pacific/AUSTRALIA