CISSP Question #1290: Real Exam Question with Answer & Explanation

Question

What is the PRIMARY reason criminal law is difficult to enforce when dealing with cyber-crime?

Options

• AExtradition treaties are rarely enforced.
• BNumerous language barriers exist.
• CLaw enforcement agencies are understaffed.
• DJurisdiction is hard to define.

Explanation

Jurisdiction is the authority and power of a legal entity, such as a state or a court, to enforce laws and regulations within a specific territory or domain. Jurisdiction is hard to define when dealing with cybercrime, as cybercrime can transcend physical and geographical boundaries, and involve multiple actors, victims, and locations. The primary reason criminal law is difficult to enforce when dealing with cybercrime is that different jurisdictions may have different laws, definitions, standards, and procedures for cybercrime, and may not cooperate or coordinate with each other. Extradition treaties are agreements between states that allow the transfer of a person who is accused or convicted of a crime from one state to another. Extradition treaties may not be enforced due to political, diplomatic, or human rights reasons, but this is not the primary reason for the difficulty of enforcing criminal law for cybercrime. Language barriers may exist between different jurisdictions, but they can be overcome with translation and interpretation services. Law enforcement agencies may be understaffed or under-resourced to deal with cybercrime, but this is not the primary reason for the difficulty of enforcing criminal law for cybercrime.

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