Criminal law aspects of combating phishing and carding (Phishing and carding as forms of fraud in the digital environment: legal qualification)

Аннотация

The article examines phishing and carding as the digital environment: legal qualification). The American Journal of Political Science Law and Criminology, 7(06), 79–81. forms of fraud committed in the digital environment https://doi.org/10.37547/tajpslc/Volume07Issue06-15 from the perspective of criminal law. It analyzes the specifics of their legal qualification under the legislation COPYRIGHT of the Russian Federation and foreign countries, © 2025 Original content from this work may be used under the terms identifying gaps and inconsistencies in the application of of the creative commons attributes 4.0 License. criminal law norms. The article also proposes directions for improving legislation and its enforcement practices to enhance the effectiveness of combating these types of cybercrime. Keywords: Phishing, carding, cybercrime, fraud, digital environment, criminal law, legal qualification, theft. Introduction: The Development of Digital Technologies and the Internet Has Radically Transformed the Nature of Crime, Giving Rise to New Forms—One of Which Is Digital Fraud. Phishing and carding have now become widespread methods of stealing confidential information and financial assets from individuals and legal entities. These crimes are associated with the use of advanced technologies, the anonymity of offenders, and significant challenges in detection and proof, creating a serious challenge for criminal justice systems. Modern information and communication technologies, on the one hand, contribute to progress across all areas of public life, while on the other hand, they create new opportunities for committing crimes. Notably, phishing and carding have emerged as forms of fraud committed in the digital environment. These offenses are highly latent, transnational in nature, The American Journal of Political Science Law and Criminology 79 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology and cause substantial harm to society. Their legal under the Computer Fraud and Abuse Act (CFAA). In the qualification, detection, and suppression require clear EU, Directive 2013/40/EU on attacks against normative regulation and adaptation of criminal information systems and the General Data Protection legislation to the challenges of the digital age. Regulation (GDPR) apply. Moreover, the Budapest Convention on Cybercrime (2001) recommends that Phishing (from the English "fishing") is a method of states criminalize unauthorized access to data and the social engineering in which a perpetrator, through fake fraudulent use of digital technologies. emails, websites, or messages, induces the user to disclose personal and financial information— Therefore, international law emphasizes the need for passwords, card numbers, verification codes, and specialized provisions that adequately reflect other sensitive data. contemporary methods of digital crime. It is a method by which a criminal, using deceptive Key challenges in applying criminal law to phishing and messages (typically via email or messaging platforms), carding include: seeks to obtain confidential data such as usernames, • Lack of uniform qualification criteria; passwords, and bank card details. • Insufficient adaptation of laws to digital Carding refers to the illegal circulation of payment card methods of deception; data. It involves the unauthorized use, purchase, or • Difficulties in proving intent, especially in sale of payment card data, typically with the aim of remote offenses; stealing funds from someone else’s account. Offenders use stolen data to carry out transactions or resell it. • Transnational nature of crimes, necessitating Carding may involve the creation of fake banking international cooperation. websites, phishing forms, and automated data- To enhance the effectiveness of criminal-legal harvesting software. responses, it is necessary to: Both forms of crime share several common features: 1. Clarify the elements of fraud by identifying its • Remoteness of execution; digital forms as an aggravating factor. • High level of automation; 2. Introduce separate articles into the Criminal Code of Uzbekistan dedicated to phishing and the illegal • Use of deception and forgery; trade in payment data. • Infliction of financial harm. 3. Strengthen international cooperation, From a criminological perspective, these offenses: particularly regarding extradition, digital evidence • Are committed remotely and anonymously; sharing, and the blocking of malicious resources. • Do not require direct contact with the victim; 4. Develop judicial practice and methodological guidance for law enforcement agencies on the detection • Are often part of organized criminal activity; and legal qualification of digital fraud. • May be mass in nature (one perpetrator — Given that cybercrime presents a complex and evolving multiple victims). challenge, and Uzbekistan’s legal policy in this area is Under the current Criminal