III. Challenges of Additional Resources Before defining the term of cybercrime,26 it bears noting that (A) there are additional, noncriminal legal tools in preventing crime, (B) consumer awareness plays a role in preventing crime and (C) government efforts to combat cybercrime will have to involve public-private partnerships due to the important role of nonstate actors in the provision of infrastructure and cyber services Another, separate challenge is faced in (D) developing sufficient capacity to detect cybercriminal activities. A. Additional Legal Tools Criminalization is not the only option to combatting untoward cyber activity. Indeed, pursuant to the ultima ratio principle,27 criminal law should be used only as a last resort for dealing with a social ill. Both administrative and civil measures might be taken to combat errant cyber activity. Administrative measures that might be taken include ordering the removal of certain content, or the “closing down” of offensive websites (for instance, in combatting child pornography).28 Ordering an ISP to block access to the website might also be an option,29 although, as discussed further on, the internet’s transnationality limits the efficacy of such options. Removal of content and closing of websites may also interfere with domestic or foreign criminal investigations (or national security investigations), or such measures may hinder efforts to rescue trafficking victims if carried out without coordination. Additionally, many legal systems allow individual victims redress for damages in civil courts. Due to the cost and complexity, as well as shifting the burden from the state to the victim, civil sanctions are largely unused, except in the case of copyright violations.30 Other tools include the creation of a digital ID—for instance, in South Korea, these IDs, which are visible to law enforcement but not to the public, have helped to reduce incidences of cyberstalking and cyberbullying. B. The Consumer’s Role What roles and responsibilities do individuals have in combatting cybercrime? A growing body of literature recognizes the responsibilities of individuals to ensure they take proper precautions to secure their devices and data.31 As certain cybercrimes could be easily prevented through user caution and awareness, it has been argued that the user ought to be incentivized by the law to do so. Basic steps include using and maintaining up-to-date antiviral software, keeping personal devices clean of malware, maintaining up-to-date antiviral software, being mindful when opening emails and downloading files and being conscious of sharing personal information. Additional techniques include the use of strong passwords, two-step verification, personal identification numbers (PINs), encrypted communications, as well as keeping device Bluetooth and WiFi off when not in use. In many instances, virtual private networks (VPNs), which connect users to Page 32 | Chapter 1 | § C. Challenges to Fighting Cybercrime Table of Contents