Republic of the Philippines

CENTRAL BICOL STATE UNIVERSITY OF AGRICULTURE

Impig, Sipocot, Camarines Sur 4408
www.cbsua.edu.ph
ISO 9001-2015 TÜV-R
01 100 1934923

“DRUG TRAFFICKING IN RELATION TO CYBER CRIME”

Group Members:

Sherwin A. Macawili

Xandrex E. Sanpablo

Daryl Buenaflor

Reiner Jhon B.

Instructor:

Kenneth Reyes
 Introduction

Drug trafficking requires that the criminal physically make a transfer or transaction that
involves human interaction. Organized cybercrime does not require the criminal to be physically
present at the scene of the crime, thus making it very difficult for law enforcement officials to
capture him or her. Drug trafficking is a global illicit trade involving the cultivation,
manufacture, distribution and sale of substances which are subject to drug prohibition laws.
Cybercrime is an activity done using computers and internet. We can say that it is an unlawful
act wherein the computer either as a tool or target or both. Drug trafficking requires that the
criminal physically make a transfer or transaction that involves human interaction, then they add
the use of Organized cybercrime that does not require the criminal to be physically present at the
scene of the crime, thus making it very difficult for law enforcement officials to capture him or
her.

The black markets are used to buy and sell recreational drugs online. Some drug
traffickers use encrypted messaging tools to communicate with drug mules. The dark web site
Silk Road was a major online marketplace for drugs. Cybercrime is not an old sort of crime to
the world. It is defined as any criminal activity which takes place on or over the medium of
computers or internet or other technology recognized by the Information Technology Act.
Cybercrime is the most prevalent crime playing a devastating role in Philippines. Not only the
criminals are causing enormous losses to the society and the government but are also able to
conceal their identity to a great extent.

There are number of illegal activities which are committed over the internet by
technically skilled criminals. Taking a wider interpretation, it can be said that, Cybercrime
includes any illegal activity where computer or internet is either a tool or target or both. The term
cybercrime may be judicially interpreted in some judgments passed by courts in Philippines,
however it is not defined in any act or statute passed by the Philippines Legislature. Cybercrime
is an uncontrollable evil having its base in the misuse of growing dependence on computers in
modern life. Usage of computer and other allied technology in daily life is growing rapidly and
has become an urge which facilitates user convenience. It is a medium which is infinite and
immeasurable. Whatsoever the good internet does to us, it has its dark sides too. Some of the
newly emerged cybercrimes are cyber-stalking, cyber-terrorism, e-mail spoofing, e-mail
bombing, cyber pornography, cyber defamation etc. Some conventional crimes may also come
under the category of cybercrimes if they are committed through the medium of computer or
Internet.

Body

Crime is a socially correlated phenomenon. No matter how much we try, we cannot

experience a society without cybercrime. In actual sense, when we are not yet able to control the
crime rate to the desirable minimum in the real world, how would it be possible to curb the same
in the virtual world, as the same is comparatively more unreal, everlasting and legally less
controllable. However with the time, nature and scope and definition of crime changes in a given
society. Crimeless society is a myth and crime cannot be segregated from a society. Thus the
nature of the crime depends upon the nature of a society. Complexity of the society determines
the complexity of the crime that evolves’ around it. To understand the crime in a society, it is
essential and crucial to verify all the factors which influence and contribute to the crime. The
socio- economic and political structure of the society needs to understand the crime and the
recourse that may curb the same.

The preventive and corrective measures adopted by the machinery to control the crime
and delinquent behaviour in the society are also taken into consideration while studying the
nature and scope of a crime. The advancement of the technology has produced new socio-
economic and political problem in the society and instead of helping the state in controlling the
problem it has created new complex situation which is difficult to understand and even more
difficult to apply current law to face the situation. The state machinery is not equipped with
enough sources and knowledge to handle the modern crime. Computers have transformed the
modern society beyond expectations in last three to four decades. It has made life not only
convenient but has also immensely helped different sections of the world come closer socially,
economically and culturally. The Computer technology has made it possible to have access to all
corners of the world while sitting in a room. Modern technology has put an end to the barriers of
time and space. However, unlikely with the remarkable merits of having computers today, due to
this the jurisdictional issue has been created in legal system. Jurisdiction is one aspect which is
very difficult to determine in transnational transaction over the internet. There was
unmanageable ambiguity when courts were subjected to questions pertaining to jurisdiction law
and were unable to decide the proper forum to entertain cases involving cyber crime as the
cyberspace or virtual world is borderless if we compare it with physical world and that is why it
is very difficult to control cybercrime.

Through the local machinery we are not able to tackle the problem related with cyber
crime because our machinery is not compatible to deal with transnational crimes. The law
applicable to the territory is not advanced enough to regulate the cyber crime as their nature is far
different from the existing crime. Thus, the global dimension of cyber crime is made it difficult
to handle and dealt with. The evolution of internet technology has given us so many advantages
to deal with future problems and grow with rapid rate but also it has provided the scope for
criminals to commit their crime with least chance of detection. The cyberspace has proved a
boon to the deviant behaviour in the society. The concept of cyber crime has gained speed and
we are facing great threat of its impact on world society. The human society is become
vulnerable to cyber crime due to more and more dependence on technology. Cyber crime
becomes a global phenomenon and hence the nationwide generalization of crime cannot
workable in present scenario. Our understanding and regulation of cyber crime cannot be
national but has to be international. We have to enact new laws and prepare preventive and
defensive mechanism globally, only then we can able to protect our society from this evil called
‘Cyber Crime’. Therefore, the threat of cyber terrorism throws serious challenge to world and its
agencies. The terrorist organizations using technology to spread hatred among people and using
it to recruit militants and train them using teaching tools. They are also launching websites which
show them how to use weapons make bombs etc.

In today’s world, buying and selling of recreational drugs happen online in darknet
markets. Darknet markets or cryptomarkets are commercial websites which operate by darkents
or proxies such as Tor or I2P etc. The main function of these markets are black marketing and
marketing by all other illegal modes. Drug traffickers generally use encrypted messaging tools to
build communications with drug mules. There have been several instances of dark web site, such
as the site ‘Silk Road’ was a notorious online marketplace for drugs, before it was shut down by
law enforcement. It got reopened again under new management, but got shut down again later
on. Another site emerged later on with the same name just to use the brand value.

A big example of drug trafficking by way of cyber crime would be cyber attack on the
port Antwerp of Belgium by 2011 - 2013. It was reported that hackers were hired by drug
traffickers with the objective of breaching the IT systems which used to control the movements
and location of the containers. Even in a police raid earlier, large amount of drugs, cash, along
with several equipments for computer hacking were seized. Several persons were charged as
well. It was reported by the prosecutors that a Netherlands based trafficking group had hid drugs
like cocaine and other in several legitimate cargo containers. At the same time the hackers group
was in function at the computer networks of Antwerp port. They could access the secure data
with regard to the location and security details of the containers, and by a few methods stole their
marked cargo before the legitimate owner arrived. The suspicion first arose when the containers
were found to be disappearing from the port without any reasonable explanation. It was found
that hackers had used malicious softwares to e-mail the staffs and access data remotely. Even
after the initial breach was discovered and a firewall was created to prevent any attacks, the
attackers were reported to have entered the premises and installed key-loggers into the
computers.

Economic Impacts of Illicit Drug Trafficking

Drug trafficking is a major global concern due to the substantial impacts it has on the
economies of many countries. While drug trafficking may have immense “benefits” to drug
traffickers and cartels, it however, causes considerable consequences on the health and financial
systems of a country (Saffer, & Chaloupka, 1995, p.12). In particular, countries that have less
stringent anti-trafficking laws tend to experience substantial social and political consequences.

This arises because much of the profits obtained from drug trafficking is invested in
industrialized nations with the developing countries, which are often the source of these drugs,
experiencing less investments (Reuter, & Kleiman,1986, p.21). As a result, a number of producer
developing countries are experiencing stagnated economic growth.

Drug trafficking contributes to drug abuse in the society. Countries allocate substantial
resources to fight illicit drug trafficking through various law enforcement agencies. In addition,
resources are allocated to healthcare to fight drug-related illnesses (Hanson, Venturelli, &
Fleckenstein, 2009, p.51). A country’s economy suffers as labor productivity declines because of
illnesses and drug-related deaths. Drug trafficking also contributes to increased drug-related
crime affecting security and regional stability.

Drug abuse is rampant particularly among youths in the age group of 18-35 who
constitute the majority of the working population. Drug abuse among youthful population
reduces their chances of finding gainful employment. It also affects their work performance, if
employed, which results to dismissals.

According to Lawrence and Vinod, unemployment in both developed and developing

countries is partly attributed to substance abuse (1993, p.117). In addition, the prices of illicit
drugs are not regulated dependent only on the associated risks during production and trafficking;
this means that the illicit drug industry generates substantial income that affects the economy of
countries.

The drug income obtained by traffickers in producer countries is often used to import
illegal luxury goods from other countries, which affects the price levels of local products. In
producer countries, people neglect the production of essential commodities as they embark on
illicit drug production. This also affects prices of essential commodities. Drug trafficking also
increases income inequality as only few people in drug cartels get the drug profits as the drug
farmers get comparatively less profits.

Social Impacts of Drug Trafficking and Abuse

While the family and community play a significant role in reducing substance abuse
among the youth, parental drug abuse strains most family relationships. Peer influence especially
among the youth also contributes to drug abuse. Family factors including parental absence and
parental use of illicit drugs also lead to drug abuse.

In addition, drug abuse produces many negative impacts on the health of individuals
affecting their productivity (Hanson et al., 2009, p.53). Addiction to drugs such as heroin and
cocaine affect the general health of the users with diseases such as HIV/AIDS being prevalent in
drug injectors. This in turn affects the productivity of the general population, which adversely
affects the economy of a country.

Environmental damage is increased by drug trafficking particularly in producer countries

as forests are cleared for drug farming. Processing of the illicit drugs also releases dangerous
chemicals into the environment (Hanson et al., 2009, p.57). Improper disposal of wastes resulting
from processing of cocaine and heroin affects the environment. Drug trafficking also contributes
to increased criminal activities that affect the security of citizens.

Conclusion

The Expert Group on Drugs Online provides a platform for co-operation between law
enforcement officials and experts on drug-related cybercrime online, connecting specialists from
law enforcement (customs, police, prosecutors, judges, computer crime specialists, specialised
investigators), scientists and researchers, relevant international organisations and private sector
partners, notably IT companies, specialists in virtual currencies, security experts, mail and
express mail companies and internet providers.

Cybercrime is an evolving form of transnational crime. The complex nature of the crime
as one that takes place in the border-less realm of cyberspace is compounded by the increasing
involvement of organized crime groups. Perpetrators of cybercrime and their victims can be
located in different regions, and its effects can ripple through societies around the world,
highlighting the need to mount an urgent, dynamic and international response.

Drug trafficking is major concern because of its socio-economic and political

implications. Illicit drug money, once it enters an economy, it affects the political systems, the
civil society, and the productivity of a country contributing to social disintegration and collapse
of democratic governance. In addition, drug abuse affects the health and the productivity of
human resource of a country, which in turn affects its economic growth and development.

Recommendation

UNODC promotes long-term and sustainable capacity building in the fight against
cybercrime through supporting national structures and action. Specifically, UNODC draws upon
its specialized expertise on criminal justice systems response to provide technical assistance in
capacity building, prevention and awareness raising, international cooperation, and data
collection, research and analysis on cybercrime.

The complex nature of cybercrime, as one that takes place in the borderless realm of
cyberspace, is compounded by the increasing involvement of organized crime groups.
Perpetrators of cybercrime, and their victims, are often located in different regions, and its
effects ripple through societies around the world. This highlights the need to mount an urgent,
dynamic and international response.

India has its Narcotic Drugs and Psychotropic Substances Act, 1985 to regulate the usage
of drugs in India. However, in order to provide for detention in certain cases for the purpose of
preventing illegal in narcotic drugs and psychotropic substances and for such matters across
India, it also has an Act, namely, The Prevention of Illicit Traffic In Narcotic Drugs And
Psychotropic Substances Act, 1988. This Act had 3 further Amendments, one in 1990, then
1993, and lastly 1996. This Act can be applicable in case of trafficking of drugs by cyber modes
as well. On the other hand, since drug trafficking in cyberspace is basically carried out by modes
of hacking into servers and altering the programs.

To take any measure to prevent illegal drug trafficking is not that easy, and when at the
same time it happens by way of cyber crimes, it becomes more difficult, as cyberspace has no
limits. Drug trade is international in nature, and law enforcement agencies are not always
effective because of the wide and complex nature of cyber attackers. However, since the profit of
drug trafficking and cyber crimes are equally big, mere one or two arrests here and there won’t
bode any measure. International laws and partnerships across nations will have to be strong. One
nation should help another in case of investigation or extradition of a criminal to the other.
Overall, to neutralise drug trafficking by cyber crimes one nation’s law is never sufficient. These
are the places where United Nations, or INTERPOL can come up with some measures.

Reference List

Hanson, G., Venturelli, P., & Fleckenstein, A. (2009). Drugs and Society. London: Johns
and Bardon Publishers.

Lawrence, S., & Vinod, T. (1993). Recent lessons of development. Research

Observer, 2(1), 117.

Reuter, P., & Kleiman, M. (1986). Risk and prices: an economic analysis of drug
Enforcement. Crime and Justice: An Annual Review of Research, 7(3), 19-21.

Saffer, H., & Chaloupka, F. (1995). The Demand for Illicit Drugs. National Bureau of
Economic Research, 6, 9-14.