Open access peer-reviewed chapter

Exploring the Nexus of Cybercrime, Money Laundering, Ethics and Deterrence in the Age of Smart Machines

Written By

Leila Halawi and Robert Bacon

Submitted: 18 December 2023 Reviewed: 25 December 2023 Published: 12 January 2024

DOI: 10.5772/intechopen.1004131

From the Edited Volume

Corruption, Bribery, and Money Laundering - Global Issues

Kamil Hakan Dogan

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Abstract

As societies transitioned from the industrial era to the post-knowledge age, marked by the widespread adoption of artificial intelligence (AI), the volume and accessibility of information experienced unprecedented growth. This transformation led to the ‘AI Age,’ where smart machines became paramount. Simultaneously, it marked an era of innovation and automation, promising greater efficiency and presenting novel challenges. In this dynamic landscape, cybercrime found fertile ground to evolve and adapt. It expanded its scope from early computer intrusions to many activities, from data breaches and ransomware attacks to identity theft and financial fraud. Money laundering, too, evolved in tandem, capitalizing on the interconnected global financial networks and exploiting the anonymity afforded by digital currencies. As a result, society now finds itself at the intersection of two transformative forces: the ever-expanding realm of cybercrime and the era of AI and smart machines. To address the complex issues arising from these developments, it is imperative that we not only understand the historical roots of these challenges but also adapt our approaches and ethics to the evolving landscape of the digital age.

Keywords

  • artificial intelligence (AI)
  • cybercrime
  • ethics
  • general deterrence theory
  • money laundering
  • smart machines
  • routine activity theory

1. Introduction

The expansion of cybercrime and money laundering has been rapid and disparate across businesses globally, growing alongside the relentless advancement of technology. The origins of cybercrime and money laundering can be traced back to the inception of the digital age. As computers gained prevalence in business, opportunistic individuals began exploiting vulnerabilities in this burgeoning technology. Early instances of cybercrime included computer viruses and hacking attempts, often motivated by curiosity and mischief. Concurrently, money laundering emerged as a method to legitimize proceeds from illicit activities through financial transactions, capitalizing on the increasing complexity of international economic systems.

The escalating interconnectedness and digitalization inherent in today’s corporate landscape have significantly augmented organizations’ susceptibility to cybersecurity threats [1]. Consequently, these attacks engender staggering financial losses, frequently amounting to billions annually [1]. Projections from Gartner, Inc. [2] indicate that global end-user spending on security and risk management is poised to attain $215 billion in 2024, reflecting a 14.3% increase from the preceding year. The imperative to adapt and reinvent strategies is underscored by the mounting adoption of cloud technology, ongoing integration of a hybrid workforce, rapid emergence and utilization of generative AI (GenAI), and the dynamic regulatory landscape. Gartner posits that by 2025, the consumerization of AI-enabled fraud will fundamentally reshape the enterprise attack surface, prompting heightened outsourcing of enterprise trust and a pronounced emphasis on security education and awareness.

The advent of communications and digital technology has undeniably presented unparalleled opportunities yet concurrently inaugurated an era of criminal exploitation extending beyond mere communication technology use [3]. This exploitation manifests through multifaceted engagements with digital tools facilitating illegal activities on diverse fronts. A conspicuous facet of this exploitation is evident in financial crimes, particularly in the capture, movement, and storage of proceeds from illicit activities. Illicit finance management and money laundering have become increasingly sophisticated, facilitated by the adept utilization of novel technologies. Criminals leverage digital platforms, cryptocurrency, and advanced financial instruments to obfuscate the origins of funds, rendering intervention by authorities challenging. Furthermore, criminals exploit encrypted communication tools, dark web platforms, and decentralized technologies to coordinate and execute illegal activities, thereby evading detection and benefiting from an unprecedented level of anonymity and operational security [4, 5].

Despite noteworthy developments in protective data security tools and government-enacted unlawful fines and sentences, cybercriminals and money launderers persist, and these crimes are on the rise globally. A collaborative approach between the government, civilian, and private sectors is pivotal to protecting the nation from many threats. By addressing root causes, bolstering law enforcement efforts, and leveraging AI technologies, these entities can work synergistically to enhance the safety and security of any country and reduce cybercrime and money laundering.

The remainder of this chapter follows a structured organization. Section 2 delves into understanding crime and the significance of scholarly contributions. Section 3 explores the Utility of the Routine Theory of Crime, offering an overview of the AI Age, Smart Machines, Cybercrime, and money laundering. Moving forward, Section 4 delves into the Ethical and Political landscapes. Section 5 focuses on the intersection of Money Laundering Detection and Smart Machines, while Section 6 addresses the General Deterrence Theory, emphasizing the imperative of a multifaceted approach to address complex challenges. Section 7 serves as the culmination of the chapter, summarizing key insights and findings.

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2. Understanding crime: the relevance of scholarship

Criminology is a scientific field that has, among some of its most essential lines of academic inquiry, the area that investigates the causes of crime. As an independent discipline, this academic field originated in the late eighteenth and early nineteenth centuries. The works of the Italian Cesare Beccaria and the English philosopher Jeremy Bentham became the foundation for scientific and ethical investigations concerning the development of our understanding of criminality [6]. As of today, many other disciplines, such as sociology, psychology, biology, economics, and statistics, support criminological thought. We can comfortably state that mathematics and statistics have become central to the discipline since many criminological schools are based on empirical research.

Identifying independent variables that enable unlawful activity has been pivotal for criminology and other fields such as intelligence, policing, and criminal justice studies. It is beneficial for our purposes to be aware that for over 100 years, scholars have recognized the value of empirical research needed to generate valuable data and information to understand criminality and societal threats and develop appropriate countermeasures. There is an immediate utility associated with the field of study. For example, we can notice how scholars such as Clifford R. Shaw and Henry D. McKay collaborated between the 1920s and 1940s, focusing on juvenile delinquency and unlawful activity in the urban setting. One crucial contextual parameter, an independent variable that they identified, was the formation of big cities. The emergence of new metropolitan areas brought, as a consequence, unique challenges associated with unlawful activity. Shaw and McKay studied juvenile delinquency, an emerging problem that challenged the community [6]. This is evidence of how new settings or contexts enable new types of criminal activity, and these days; this includes the cybernetic and telecommunications worlds.

2.1 The utility of the routine theory of crime

In the late 1970s, a new theory of crime emerged that we consider very applicable to understanding cybercrimes’ threats and artificial intelligence/machine learning (AI/ML) unlawful exploitation. The routine activity theory of crime (Figure 1), initially proposed by Lawrence E. Cohen and Marcus Felson, offers a helpful avenue for seeing the dangers associated with the ubiquitousness of digital technologies and global telecommunication networks. This theory claims that a tripartite interaction or convergence occurs between the offender, suitable targets or victims, and a guardian [7].

Figure 1.

Routine activity theory of crime.

The theory is based on the fact that criminals make a rational choice to break the law motivated by profit or gain. The likely offender, the criminal, will proceed based on a cost, benefit, and risk analysis associated with an opportunity. However, for clearness of thought, we must be aware that this theory does not apply to all types of crime, like those that are a product of emotions and passion. Still, for our purposes, it applies and fits well to explain and understand the ease of occurrence and statistics of criminal typologies associated with cybercrime. The principal idea that is inferred and must be uppermost in our understanding of the threat is that the perpetrator operates with little or no risk. The theory predicts that if the offender notices a capable guardian protecting a suitable victim, the associated risk is unacceptable; therefore, the criminal act does not occur. If we think about the digital context, the complexities involved with the global nature of the interconnectedness, and the jurisdictional limitations, the guardian (law enforcement and national security agencies) is at a significant disadvantage. A criminal within one nation can victimize people or entities in another country; therefore, the criminal act makes sense from the risk point of view.

Contemporary society heavily relies upon computers, software, and the World Wide Web (WWW) for essential daily activities. The cyber world has become a fertile land loaded with low-risk profits waiting to be harvested by criminals. The challenges law enforcement faces in addressing this burgeoning threat are apparent. In succinct terms, the guardian, tasked with protecting against cyber threats, encounters inherent difficulties in safeguarding many potential victims. Anticipating complete deterrence of unlawful activities is impractical, given the guardian’s inherent limitations. Indeed, the guardian is incapable of effectively fulfilling its protective role. In contrast, the likely offender assumes the guise of a proficient predator. The criminal can act alone or associated with a group of vandals or a highly complex transnational criminal organization (TCO). Many of these predatory offenders are IT professionals and computer science experts. The criminal has the know-how, the technology, and the funding needed to become effective offenders. In some cases, the offenders have the cover or protection of negligent or corrupt government officials or colluding businesspersons that facilitate crime. In light of these considerations, a pressing inquiry emerges: What precisely constitutes the operational capabilities of the guardian in the face of such challenges?

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3. The AI age, smart machines, cybercrime and money laundering

Smart machines, otherwise known as intelligent or cognitive systems, emulate human intelligence through autonomous learning, decision-making, and problem-solving driven by AI, machine learning (ML), and natural language processing (NLP). As we delve into the domain of cybercrime, it is imperative to establish a comprehensive definition. Cybercrime encompasses a broad spectrum of illicit activities within the digital sphere, including but not limited to Hacking and Ransomware, Fraud and Financial Crimes, White-collar Crimes, Identity Theft and Synthetic Identity, Virtual Illicit Marketplaces, Cyber Espionage, and Child Exploitation. These cyber-threats underscore the critical importance of robust security measures in evolving technological landscapes.

Moreover, financial crimes, including money laundering, pose substantial challenges in the digital age. “The UN Vienna 1988 Convention Article 3.1 defines money laundering as: “The conversion or transfer of property, derived from offense(s), intended to conceal or disguise the illicit origin or assist individuals involved in such offense(s) to evade the legal consequences” [8].

3.1 AI: a potent force multiplier

Artificial intelligence (AI) is a potent force multiplier for criminal activities in this evolving landscape. AI is utilized to streamline and automate cyber attacks, enabling a higher frequency and sophistication of hacking attempts. Criminals leverage AI algorithms to craft intricate fraud schemes that can evade traditional detection mechanisms, posing a heightened challenge to law enforcement, and cybersecurity facilitates the generation of synthetic identities with unprecedented realism, amplifying the scale and complexity of identity theft. Virtual illicit marketplaces employ AI algorithms to optimize operations, enhance anonymity, and improve the efficiency of illegal transactions. AI can be programmed to automate financial transactions, making it easier for illicit funds to be moved rapidly and in large volumes, often without arousing suspicion. Automated transactions can help streamline the money laundering process. AI algorithms can be used to anonymize and obfuscate financial transactions, making it challenging for authorities to trace funds’ true origin or destination. Money launderers can leverage predictive analytics to anticipate and adapt to law enforcement patterns, allowing them to stay ahead of detection efforts. AI can be applied to analyze financial behavior patterns, enabling money launderers to mimic legitimate transaction patterns and avoid detection.

Recognizing AI as a criminal force multiplier underscores the urgency for advancements in cybersecurity measures and law enforcement strategies to counteract these evolving threats in the digital era effectively. The dynamic nature of this technological arms race underscores the need for ongoing innovation in financial cybersecurity.

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4. The ethical and political dilemmas

Ethics encompasses a nuanced realm involving actions that may not be explicitly illegal but fall short of being morally upright [9]. The understanding of ethics varies, occasionally depending on individual opinions, moralities, and beliefs. Ethics act as guides crafted to mold individual and societal conduct, safeguarding and fulfilling the rights of people within a civilization [10]. Two primary methodologies influence the examination of ethical conduct: a descriptive/empirical/predictive perspective rooted in the social sciences and a normative approach grounded in philosophy [11]. Normative ethics assesses situations based on what should be, while descriptive ethics considers what is. Moral philosophy categorizes ethics into teleological (focused on consequences) and deontological (emphasizing duties and rights). Hybrid theories combining these approaches, as well as ethical relativism, exist [12]. Most individuals follow a blended ethical framework [13].

Ethical dilemmas become linked with technology as it functions as the channel through which various problematic transactions occur [14]. Some of these issues are fundamentally linked to the role of AI and its profound impact on society. Ethical considerations play a pivotal role in the development of AI systems, contributing to the ongoing philosophical debate about the moral implications of technology. Dr. Thomas Ferretti [15] contends that technology’s neutrality implies that its positive or negative effects are contingent on how it is utilized. His perspective aligns with the notion that human choices and ethical considerations shape technology’s influence on society.

In the current era, there is a discernible rise in apprehensions about moral decline, an escalating prevalence of ethical dilemmas, perceived deficiencies in accountability and credibility, and the apparent presence of selective or double standards worldwide. These threats imply an existential dilemma for jurisdictions around the world. Let us visualize, at the most minor level, the consequences of this dilemma. What location is where the criminal act occurs when a person in Bristol, England, is victimized by a love scammer in Nigeria? How can the police investigate and prosecute this case? How can the asset be recovered if the victim was scammed out of £500?

Criminality acts beyond geographical set jurisdictional borders. American legal scholar Susan Brenner and Dutch professor Bert-Jaap Koops published 2004 a critical paper discussing jurisdictional authority and criminal procedures difficulties related to cybercrimes [16]. For them, investigations and prosecution are tricky and inconsistent among different countries. What might be illegal in one country might not be unlawful in another. Leaping into 2022, Scottish scholar Paul Arnell and Nigerian scholar Bukola Faturoti have paid detailed attention to the problems associated with extraterritoriality and prosecution of cybercrime [17]. They clearly state that cybercrime is a scourge that is frequently increasing and causing growing societal damage. Still, they have also placed in front of us the legal and ethical challenges we have in creating practical prosecutive actions and international cooperation. What is essential to know is that, fortunately, many scholars are studying the problems associated with cybercrimes.

4.1 Reevaluating norms and mandating action

Crime control and prevention strategies must accommodate the new challenges the Global Village conditions impose. New enforcement paradigms are needed globally, including international solutions to cyberthreat problems and money laundering. This reality challenges concepts such as sovereignty and national independence.

Our foremost concern should be re-establishing a foundational consensus outlining the ethical, just, and morally acceptable norms relevant in today’s context. This imperative stems from the observation that societies do not grapple with indecision regarding the urgency for action. We contend that an ethical imperative exists, necessitating proactive measures. In light of this, the implementation of legislation providing directives for both the public and private sectors emerges as a requisite aspect in addressing these concerns.

As we have seen, up to 80% of countries affiliated with the United Nations seem to have taken legislative steps. Private companies and corporations must use effective cybercrime defenses to protect themselves and their customers. Citizens need to learn and become savvy about the threats. Education is necessary for them, especially the seniors who have succumbed to the weight of cyber fraud. The United Nations Conference on Trade and Development (UNCTAD) has studied the risks associated with cybercrime. As reported for 2023, about 80% of nations have legislation to prevent and control cybercrime [18].

An essential inquiry revolves around the effectiveness of the legislation designed to tackle these issues. To assess its impact, it becomes crucial to evaluate whether the legislation grants law enforcement and intelligence communities the requisite authority, reach, and resources to effectively contend with the intricate nature of cybercrime. Furthermore, an examination of the consistency in the qualities of each piece of legislation is warranted. Are there instances where jurisdictions adopt timid approaches that inadvertently facilitate the de facto hosting of criminals within their borders, victimizing entities in distant countries?

Additionally, an investigation into the effectiveness of government efforts to safeguard citizens, commerce, and national infrastructure and institutions is imperative. Beyond government initiatives, it is essential to delineate the responsibilities of private citizens and companies in this endeavor. These inquiries underscore the need for decisive action, with solutions emanating from leadership in both national political spheres and the private sector.

Addressing these multifaceted challenges necessitates scholarly inquiry and a convergence of perspectives from various professional domains. Scholars in legal studies, criminology, political science, economics, public and private administration, and data and computer sciences must collaborate to develop comprehensive solutions. The interdisciplinary nature of this issue underscores the importance of integrating insights from diverse fields to navigate the intricacies of contemporary crime control and prevention effectively.

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5. Money laundering

Money laundering originated in the United States and was initially coined to describe the Italian mafia’s practice of using “cash-only laundromats” in Chicago to hide proceeds from criminal activities. Despite criminals later shifting to Swiss Banks, the term persisted. It first appeared in legal documentation in the 1961 US Code, referring to “the laundering of monetary instruments.” The Watergate scandal of 1973 elevated the awareness of money laundering globally. The United Nations Convention, adopted on December 20, 1988, was the first global treaty to criminalize money laundering linked explicitly to drug trafficking. The Financial Action Task Force (FATF) [19], formed in July 1989, is instrumental in proposing and assessing global standards to combat illicit money flows. The FATF’s 40 Recommendations serve as vital standards directing financial intelligence units in member countries. The World Bank is another international institution that compels financial institutions to have AML/TF regimes in place. Money laundering comprises three stages: placement (distancing funds from the crime), layering (obscuring the trail), and integration(legitimizing the money).

5.1 Money laundering detection and smart machines

Intergovernmental organizations, governments, and reporting entities engaged in cash transactions are actively combating financial crimes and money laundering. The persistent evolution of technology, fraud patterns, and regulatory landscapes presents increasing challenges in this endeavor.

A desire for wealth often drives crime, and the internet provides ample opportunities for criminals to profit through exploitation. The use of technology, especially in money laundering, has prompted global efforts in anti-money laundering (AML) and anti-terrorism financing (TF) regulations. The 1970 Bank Secrecy Act in the United States marked a crucial step in making financial institutions the frontline defenders against illicit finance, shifting focus from taxation to understanding the origin of money and assets.

Following the Bank Secrecy Act (BSA), the 1986 Anti-Money Laundering Act (AMLA) played a crucial role by criminalizing money laundering and linking it to a predicate offense. AMLA equipped law enforcement with robust tools for investigation and prosecution. The US federal government created a list of crimes that, if committed, the investigators could assume that profit was generated and needed to be inserted within the financial system. If placement took place, the offender could be charged for the predicate crime, e.g., illegal drug sales, and the act of placing into the system proceeds of the crime, dirty money. Since then, criminals have adapted and learned to disguise the dirty origin of the funds or assets unlawfully gained by using money laundering tactics and methodologies.

Regulation in both the United States and elsewhere globally has evolved since then. Europe has a sequence of anti-money laundering directives (AMLD), and Great Britain and most of the world’s countries have developed laws to deal with the problem of illicit finance. As of the writing of this chapter, financial institutions and many industries, professions, and lines of business have a compliance requirement to have in place AML and TF policies and procedures deployed to prevent, detect, and report illicit or suspicious financial activity to the domestic financial intelligence units (FIU).

Many other non-governmental institutions set standards and monitor illicit finance throughout the world. All of these efforts and national regulations put significant pressure on individual criminal, organized crime, and terrorist groups to increase the level of sophistication of their financial management operations.

5.2 Digital crime dynamics unveiled

The cyber-world offers many valuable tools and techniques for money laundering, funding unlawful activity, and terrorism.

A characteristic of criminal organizations is that they are learning entities. Criminal organizations must remain competitive and elusive while competing with other criminal organizations and avoid interaction with law enforcement. This implies that they are operationally flexible, are well funded, and can recruit the best talent to support their endeavors.

Recruiting IT professionals and computer scientists become crucial professional assets for criminal organizations. While delving into the intricacies of money laundering and terrorism finance is beyond the scope of this chapter, we will explore various typologies and techniques criminals employ to exploit the internet, AI, and cybercrimes, circumventing AML/TF regulatory compliance firewalls.

Armed with tools to exploit the World Wide Web and having specialized expertise, cybercriminals engage in identity theft and fraud. Our focus shifts to understanding how they hack systems, steal funds from bank accounts, or acquire credit card information for unauthorized purchases. Often, money laundering involves capturing funds or digital assets and strategically placing them within financial institutions or the economy.

Let us illustrate our point by examining scenarios involving a young individual who is legally unemployed yet engaged in criminal activities.

  • Our fictitious criminal, using computer scams, steals credit card information from a faraway victim and purchases goods at his local store.

  • The criminal can keep the goods or sell them.

  • If the criminal sells the goods, he obtains cash. He can use the money to pay for other goods or services.

  • Assuming that his vendor is unaware of the illicit origin of the funds he received, no money laundering occurred.

  • If the vendor is aware that the criminal is using stolen credit card data to make the purchases, he becomes complicit, and his business becomes a front that enables money laundering in a specific form.

  • If the criminal decides to sell the illegally purchased goods in exchange for cash and generates too much money to have on hand, he can simply choose to deposit the profit into a bank account. If this happens, this act will be the beginning of money laundering, commonly labeled as the placement of proceeds of crime.

It is crucial to know that financial institutions employ AML/TF systems to identify potentially illicitly generated funds. These systems establish an account’s expected use and funding sources. For instance, if our fictional young and unemployed criminal begins depositing significant amounts of cash, the transaction monitoring system will flag this activity, prompting an alert for bank personnel to notice. They will then initiate inquiries with the customer to ascertain the origin of the funds. Should the customer fail to provide a valid explanation, bank personnel will file a report with the national FIU and, if necessary, proceed to close the account. While this scenario is not uncommon, it typically involves an inexperienced or uninformed criminal.

Sophisticated criminal groups, terrorists, rogue states (such as North Korea), or sanctioned individuals/entities employ various experts to establish operations without triggering AML/TF monitoring systems. Recruited attorneys, accountants, and business professionals play crucial roles in defining the operational parameters for IT professionals and computer scientists, enabling the development of software and computing infrastructures that facilitate criminal activities.

With the collaboration of IT professionals, criminals can establish intricate business facades and international trade schemes needed to operationalize their finances. Criminal IT experts can craft imaginary individuals (what is called in law enforcement as synthetic IDs), businesses, fabricated multimedia, and histories, creating a deceptive act that compels unwitting financial institutions to support illicit enterprises inadvertently. Criminal networks specifically seek IT specialists proficient in advanced computing, deep learning, and generative AI to execute these deceptive maneuvers. In today’s context, discussions about deep fakes are commonplace. Criminals can effortlessly deploy fake voices and videos to engage with victims, financial institutions, or government officials. These technologies, orchestrated by IT professionals, significantly facilitate money laundering, funding unlawful pursuits, and various fraud and scams.

5.3 Navigating the nexus: a call for adaptive security

In the evolving financial crime landscape, the 2006 FATF document highlighted trade-based money laundering (TBML) as a pivotal avenue for criminal organizations. Fast forward to 2023, and the persistence of TBML remains a stark reality. The sophistication of IT professionals enables the creation of synthetic identities, deceiving various entities into believing they are engaging with legitimate individuals and companies. This intricate web extends beyond money laundering, encompassing complex international trade schemes covering contraband, smuggling, and funding unlawful activities.

Law enforcement, intelligence communities, and businesses worldwide grapple with the formidable challenge posed by these technological advancements in criminal tactics. The imperative for organizations to integrate this awareness into their threat assessment and risk management protocols is evident. Despite the dedicated efforts of Finance Crime and Fraud units, financial institutions confront difficulties in ensuring AML/CTF compliance. The surge in digital transactions and evolving fraud patterns outpaces traditional rule-based systems, resulting in non-compliance penalties.

The introduction of AI offers a promising avenue to enhance AML efforts, enabling identifying suspicious transactions and streamlining decision-making for AML officers within the financial sector. However, the adoption of AI in banking operations is not without its challenges. High false favorable rates, exceeding 98% in some cases, pose operational and regulatory risks, potentially leading to substantial penalties for financial institutions.

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6. General deterrence theory

Deterrence theory, commonly applied to analyze non-compliance with information security policies, relies on deterrents or penalties to discourage deviant behavior. This theory assumes that potential violators are aware of efforts to influence their actions and underscores the importance of effective policing in reinforcing regulations [20]. The notion that enacting and enforcing severe penalties for significant security breaches acts as a deterrent aims to dissuade potential wrongdoers from engaging in unlawful or prohibited behaviors [21].

6.1 The imperative of deterrence: a multifaceted approach to addressing complex challenge

Individuals utilizing contemporary computing technologies and communication systems are universally susceptible to cybercrime, with heightened vulnerability observed among children and older people. This vulnerability extends across government agencies, military entities, and diverse sectors within the business and industrial landscape.

Countermeasures against cybercrime often appear reactive, suggesting that criminals have historically maintained the initiative in this domain. The conceptualization aligns with the routine theory of crime, positing that cybercriminals are motivated by the prospect of engaging in a low-risk, high-reward activity. In more colloquial terms, engaging in cybercrime is perceived as financially lucrative.

6.2 Pragmatic strategies

Historical criminological theories, exemplified by Beccaria and Bentham, advocated for deterrence-based criminal justice systems wherein punishment served not only as a consequence for the offender but also as a deterrent for potential wrongdoers. While this perspective has inherent limitations within criminology, particularly concerning crimes rooted in erratic emotions and irrationality, it remains pertinent in cybercrime. Consequently, this framework suggests that cyber offenders should undergo investigation, apprehension, and criminal charges within a legal system. Upon conviction, severe incarceration and, when applicable, asset forfeiture are imposed as punitive measures. Beyond serving as punishment, the trial outcome is positioned as a deterrent for prospective offenders, emphasizing the imperative of upholding the rule of law and the omnipresence of law enforcement.

However, the practical implementation of this theoretical framework is fraught with challenges, as evidenced by current circumstances. The realization of such ideals appears akin to an impractical utopia.

Given these challenges, a pertinent question arises: How should we navigate this complex landscape? To address this overarching question, a multifaceted approach is imperative.

Firstly, there is a compelling need to acknowledge the inherent societal limitations in addressing this pervasive threat. Multidisciplinary research and investigation are essential to grasp the cybercrime challenges. Clarity of thought and analytical precision are imperative to unravel the tactical and operational aspects of criminal modus operandi, necessitating a scholarly commitment to this endeavor.

Secondly, formulating practical crime control and prevention strategies overseen by law enforcement and government agencies is paramount. This involves integration with the private sector and non-governmental organizations to enhance the efficacy of these efforts.

Thirdly, enacting updated public policies ensuring the operation of well-funded and trained enforcement and intelligence capabilities is indispensable. The overwhelming volume and frequency of cybercrime and related unlawful activities demand a strategic bolstering of law enforcement capabilities.

Fourth, national governments must foster international law enforcement and intelligence cooperation. Criminals must be denied the physical and cyberspace to operate under the protection of geographical distance and jurisdictional disparities.

Fifth, the private sector has to continue to improve cybersecurity and invest in IT professionals who can deploy effective protective countermeasures.

Lastly, individual citizens must proactively mitigate vulnerability to victimization. Educational institutions, law enforcement, media, universities, and non-profit organizations are pivotal in contributing to individual education.

Employing protective and proactive prevention tactics can potentially deter criminal inclinations in individuals and organizations. There exists an opportunity to cultivate resilience and fortify our defenses.

6.3 Law enforcement integration of cyber-investigations

The enactment of the 1829 Metropolitan Police Act in England is widely regarded as a seminal milestone marking the commencement of professional and dedicated modern policing. In the ensuing years, law enforcement agencies have diligently safeguarded law and order by proactively patrolling their jurisdictions. Beyond their primary role in crime prevention, modern police are indispensable in administering justice and criminal procedures. The multifaceted responsibilities of the police encompass not only the prevention of illegal activities but also the investigation and adjudication of offenses when they transpire.

Law enforcement agencies have traditionally relied on six foundational investigative techniques to construct criminal cases. Investigators employ interviews and interrogations as methods to gather pertinent information or evidence. Infiltrating the clandestine realms of crime is achieved by strategically deploying undercover operations. The utilization of physical and electronic surveillance constitutes a third investigative method. Communication intercept, a widely utilized technique, facilitates monitoring relevant exchanges. Forensic lab analysis is a pivotal method, providing critical information and evidence. The employment of informants, as a sixth method, has proven beneficial in advancing investigations. However, these historical methods, still employed by proficient enforcement agencies today, fall short of ensuring comprehensive societal protection.

Since the 1970s, financial investigations have been incorporated into the arsenal of investigative techniques. Richard Nossen, an American law enforcement official, was an early advocate for expanding the utility of these investigative strategies to include seven fundamental techniques. Over time, with new technologies, additional investigative techniques have augmented the investigative repertoire [22]. Law enforcement agencies also engage in open-source investigations, geospatial investigations and analysis, cybercrime investigations, and high-tech investigative methodologies.

Incorporating four additional investigative techniques represents an anticipated and logical evolution in enhancing law enforcement and intelligence community investigative capabilities. However, a significant challenge persists: not all law enforcement agencies or intelligence organizations have integrated these techniques into their standard investigative repertoire. Even in developed countries, police agencies encounter limited resources, insufficient training, and inadequate political support, hindering their capacity to modernize investigative capabilities. This deficiency may stem from a lack of foresight, negligence, and, alarmingly, at times, instances of corruption. Regardless of the root cause, this gap potentially grants criminals a low-risk opportunity to exploit victims.

In the contemporary landscape, integrating AI and smart machines emerges as a transformative force in policing. These technological advancements significantly enhance the efficiency and effectiveness of law enforcement activities, encompassing predictive analytics for crime prevention and advanced forensic technologies for investigations. The ongoing evolution of policing underscores the increasing importance of integrating AI and smart machines to modernize and optimize law enforcement practices.

The looming concerns about the future underscore the imperative to address this topic. Ensuring that the tools to counter the threat of cybercrime are adequately developed is paramount. Integrating AI and machine learning (ML) in criminal operations poses a substantial challenge to law enforcement and national security, impacting not only the safety of society but also the preservation of quality of life and human rights. The weaponization of AI/ML and other IT technologies by criminals, fraudsters, corrupt entities, autocrats, and rogue states further accentuates the urgency of this issue.

In light of these ethical considerations, a pivotal inquiry emerges: What ethical expectations should be placed upon all stakeholders? This question not only underscores the urgency of addressing the challenges posed by the evolving technological landscape but also prompts a deeper exploration into the applicability of existing ethical theories and moral frameworks in this dynamic domain. As technology advances, the intersection of AI and smart machines with criminal activities introduces complexities that may challenge the adequacy of conventional ethical theories. The transformative impact of these technologies necessitates examining whether existing ethical frameworks, rooted in historical perspectives, are equipped to address the emergent ethical dimensions posed by AI and smart machines. The evolving dynamics call for a nuanced understanding of ethics that goes beyond traditional paradigms and adapts to the distinctive ethical considerations presented by AI.

This evaluative endeavor is crucial for enhancing our comprehension of the ethical implications associated with emerging technologies and informing the ethical expectations placed upon individuals, organizations, and policymakers. The necessity for an inclusive and forward-looking ethical framework becomes evident in addressing the multifaceted dimensions of ethical conduct in AI and smart machines.

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7. Conclusions

In conclusion, this chapter has offered significant insights into the intricate web of cybercrime, money laundering, ethical considerations, and the pivotal role of deterrence theory. It underscores the necessity of adopting a global perspective when confronting these multifaceted challenges, emphasizing that these issues transcend national boundaries.

As a call to action, there is a pressing need for a collective commitment to a more ethical, culturally attuned, and deterrence-focused approach in our relentless efforts to combat cybercrime and the illicit activities of money laundering in our increasingly interconnected world.

The culmination of our exploration into cybercrime, ethical dilemmas, the intricate intricacies of money laundering, and the pivotal role played by deterrence theory leaves us with several key takeaways. First and foremost, it becomes abundantly clear that these issues are not isolated phenomena; they are intricately interconnected in our modern world. Second, the globalized nature of these challenges necessitates a perspective that transcends national boundaries. In an era where information and illicit activities traverse the globe effortlessly, a comprehensive, worldwide approach is imperative.

As we reflect on the discussions within this chapter, it becomes evident that the path forward demands a collective commitment. This commitment entails a more ethical stance in utilizing technology and information and heightened cultural sensitivity. The awareness of cultural nuances and variations is vital when implementing deterrence strategies and ethical frameworks across diverse societies.

Furthermore, our call to action extends to the realm of deterrence itself. The evolving landscape of technology, marked by the rise of smart machines and AI, provides new opportunities and challenges in the fight against cybercrime and money laundering. A forward-looking approach to deterrence, leveraging these technological advancements while maintaining ethical integrity, is essential.

We are summoned to holistically confront these complex issues, acknowledge their interplay, adopt a global perspective, and embrace innovative, culturally sensitive, and technology-driven deterrence strategies. Only through such a comprehensive and collaborative effort can we hope to effectively combat cybercrime and curb the illicit flow of money across borders in this age of ever-advancing smart machines.

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Conflict of interest

The authors declare no conflict of interest.

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Written By

Leila Halawi and Robert Bacon

Submitted: 18 December 2023 Reviewed: 25 December 2023 Published: 12 January 2024