Adequacy of procedural rules to control Cybercrimes: Challenges of reality and limitations of law (A comparative study)

Abstract

The use of technology to support and enrich various aspects of life has spread globally. There are many positive aspects to this change; the paperless working environment in the office is increasing communication, accessibility, and accuracy. In contrast, the negative aspect of this advancement in technology is that new ways of committing crimes have been introduced. However, numerous measures have been suggested to help overcome this outbreak of cybercrime and the losses resulting from unlawful activities resulting from technology. Aside from the fact that technology has introduced a novel of crimes, electronic evidence can also play a significant role in the successful prosecution of crimes. The advent of the technological age has had a significant effect on litigation practice, none more so than in the area of evidence gathering. The demands of modern-day litigation practice have never been greater. The cybercrimes is one of the modern crimes which never has its share in studying and which size grows rapidly despite the efforts done to encounter it. This may refer to difficulties related to its investigations, getting evidence, or problems related to international cooperation against it. This article begins with a short overview of the various cybercrimes’ aspects. It then moves on to discuss the nature of the cybercrimes and search and seizure process for electronic evidence. Finally, we have discussed the procedural challenges between the right of the authorities in the detection of crime and the right of privacy, to reach the article goal. The researcher utilizes the descriptive methodology analytical. The importance of this article is due to its focusing light on a modern crime, intending to understand this phenomenon in a compressive and integral scientific method. This study will benefit the officials in encountering this crime in discovering the obstacles in its investigations and the problems of the systematic international efforts in encountering it which lead to taking important decisions and instructions to minimize these obstacles and those problems for areal compact to this crime.