Authors

  • Ibrokhim Saidov
    Lecturer, Business Law Department, Tashkent State University of Law

DOI:

https://doi.org/10.47689/2181-1415-vol4-iss6/S-pp322-328

Keywords:

cyber-crime hacking financial services banking

Abstract

This paper will closely look through all possible reasons for cybercrime, discuss those who commit the crime, bring some current actions which are being taken against online frauds, and propose some possible preventative regulations which may help to decrease the number of cybercrimes.


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Understanding and analyzing the cyber risk in financial
services

Ibrokhim SAIDOV

1


Tashkent State University of Law

ARTICLE INFO

ABSTRACT

Article history:

Received July 2023

Received in revised form

15 July 2023

Accepted 25 July 2023

Available online

15 August 2023

This paper will closely look through all possible reasons for

cybercrime, discuss those who commit the crime, bring some

current actions which are being taken against online frauds, and
propose some possible preventative regulations which may

help to decrease the number of cybercrimes.

2181-

1415/©

2023 in Science LLC.

DOI:

https://doi.org/10.47689/2181-1415-vol4-iss6/S-pp322-328

This is an open access article under the Attribution 4.0 International

(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)

Keywords:

cyber-crime,

hacking,

banking,

financial services.

Moliyaviy xizmatlarda kiberxavfni tushunish va tahlil qilish

ANNOTATSIYA

Kalit so‘zlar

:

kiberjinoyat,

xakerlik,

bank,

moliyaviy xizmatlar.

Ushbu maqolada kiberjinoyatning barcha mumkin bo‘lgan

sabablari batafsil ko‘rib chiqiladi, jinoyat sodir etgan shaxslar

muhokama qilinadi, onlayn firibgarliklarga qarshi ko‘rilayotgan
ba’zi joriy choralar ko‘riladi v

a jinoyatlar sonini kamaytirishga

yordam beradigan ba’zi mumkin bo‘lgan profilaktik qoidalar

taklif etiladi.

Понимание и анализ кибер

-

риска в финансовых услугах

АННОТАЦИЯ

Ключевые слова:

киберпреступность,

взлом,

банковское дело,

финансовые услуги.

В данной статье подробно рассмотрены все возможные

причины

киберпреступлений,

обсуждены

лица,

совершающие

преступление,

приведены

некоторые

текущие

меры,

принимаемые

против

онлайн

-

мошенничества, и предложены возможные превентивные

правила, которые могут помочь уменьшить количество
киберпреступлений.

1

Lecturer, Business Law Department, Tashkent State University of Law. E-mail: ibrohim.saidov.1991@gmail.com


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INTRODUCTION

Digitalization has brought innumerable opportunities not only for individuals but

also the companies, organizations, and other institutions. Today, the positive influence of

the virtual world, the Internet, and the digital world can be seen in almost all spheres.

Thanks to digitalization, people can do tasks in a few minutes, or even a few seconds

which took days to months in the past. It has also brought plenty of reductions in the

costs of organizations and companies. They are operating much more efficiently, in the

shortest time possible earning the most profit possible. Due to the Internet, individuals

can now do many things not leaving their homes ranging from shopping to banking.

Moreover, connecting with other people and keeping in touch with others has now

become much easier. People can not only send messages and letters to one another easily

but they also video chat, etc.

However, digitalization has also brought some drawbacks, which are becoming a

global problem today. Even though people benefit from the advantages of the digital

world, they are also becoming the victims of online fraud. Besides, large companies and

organizations have been the victims of several cyber-attacks. That is why, today almost

all international institutions are looking at this problem seriously, as they are losing

several billions of dollars, and this is affecting the economies of several countries

negatively. The global economy has also been affected by these cybercrimes. Besides,

since the cyber-attacks have gone international, they have created problems in the

political affairs of the countries. There are, of course, several reasons why these online

frauds are happening, and the organizations. The political instability between countries,

financial motives, and other factors can be the incentives for cyber attackers to commit

their crimes.

The problem has become one of the most urgent issues in the world, and

organizations and companies are trying to find out why these are happening, who are

committing the crime, how they can be solved, and what preventative actions should be

taken in order to prevent possible frauds. This paper will closely look through all the

possible reasons of the cybercrime, discuss those who commit the crime, bring some

current actions which are being taken against online frauds, and propose some possible

preventative regulations which may help to decrease the number of cybercrimes.

WHY CYBER-CRIME IS DANGEROUS FOR THE ECONOMY?

The world has been changing in an extremely high speed and the technological

advancement can be seen in almost all spheres, including banking. These changes not

only brought positive progress but also created some problems for the government and

society. Today individuals enjoy using technology in buying and selling process, online

banking, communication, etc. While using these services people have to depend on

different third-party applications and products such as virtual wallets and cloud services.

However, this dependence on technology has also brought several problems that have

become crucial to be illuminated and solved. According to Richard Home, third-party

systems have become weapons of attack on businesses, banks, and even individuals as

they are interconnected. Today cybercrime is not a local problem in a specific country,

but it has become a global issue. According to a recent PwC survey cited in “The cyber

threat to banking”, 93 percent of large organizations report cyber

-attacks on their

system. Another fact by a BIS paper given in the article is that today the UK’s an

nual

expenditure on cyber security has become £700 million.

Another statistic about

cybercrime cited in (cybercrime: the growing threat to global banking) is that in 2015

alone, Asian companies lost $81 billion due to cybercrime.


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WHO ARE HACKING?

There are several theories about the criminals that commit cybercrime. The ones

that are most common are known as “hackers”; however, the types of criminals are not

only them. Richard Home divides the malicious actors into three main categories:
Hacktivists, Organized criminals, and Nation State. Hacktivists are mostly motivated to

cause disruption and embarrassment to the targets and their favored techniques include
SQL and DoS. Another main type is organized criminals who mostly aim at gaining

financial resources. They are getting more and more sophisticated day by day, and they
mainly use integrated attacks both technical and social engineering. The third type

mentioned in the article is Nation State who is considered to be most targeted. They may
not be highly complex and they use phishing as their tool.

The criminals may belong to any group and they mainly focus on the weakest

points. Besides, the employees play a major role in electronic crimes aware or unaware.

According to statistics given by the PwC cited in

Richard Home’s article, a little more than

two-fifth of the economic crimes are committed by the insiders that are employees within

the organization. The hackers utilize different types of techniques and tools to commit
their electronic crimes ranging from malware to social engineering that is sending voice

or electronic mails to obtain the victims’ data.

In addition, they never seem to stop getting

sophisticated. The more the technology is developing, the more complex the attackers are

getting. William A. Carter reports that attackers, especially, nation states having bigger
budgets, protection from law enforcement, and access to top talents in cybercrime are

causing more sophisticated threats.

There are various reasons why cybercrimes are committed. Financial gain is

considered to be one of the most common incentives for hackers. Another cause of
cybercrime is suggested to be political issues by Alexander Jones. He mentions that owing

to the dispute over the territory in the South China Sea, Asian countries and companies
have become vulnerable to cyber-attacks. This idea is restated by Richard Home that

because of the political instability between Ukraine and Russia, the firms and
organizations were attacked several times by Russian and Ukrainian cyber groups. There

is another case given by Richard Home that a hacktivist from the group al-Qassam Cyber
hacked the US banks in response to the video posted on Youtube.com miniaturizing the

founder of Islam. This list goes on with many more examples. Moreover, what is letting
electronic criminals commit such crimes is that the companies, mostly from Asia, have

less sophisticated cyber security, or none at all. According to Alexander Jones, only after
the incidence when 80 million JPMorgan Chase accounts were hacked, the firm doubled

its expense on cyber security to 500 million USD.

Due to the cyber-attacks, not only the individuals and firms, but also the banks are

suffering. The clients of the banks are mostly targeted by the cyber criminals, as they see
them as the weakest point of the banks. Banks, too, have been the victims of the e-

criminals, owing to several factors. One of the examples given by Alexander Jones is
Bangladesh Bank from which 101 million USD was transferred to different bank accounts

and that became a whole global case. According to William A. Carter, the five largest
banks are located in Asia, and the continent shows the highest levels of mobile banking

and transactions in the world. However, unlike Europe and the United States, they do not
invest in cyber defense significantly, and their defense system still remains less

sophisticated.


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As mentioned above global digitization has brought efficiency to what most

companies and organizations do and it helps them save plenty of time. However,

according to the article “Understanding Systematic Cyber Risk”, the interconnectedness

among the 50 billion technological devices has also brought some issues. Those problems
have negative consequences as well, which can be divided into two categories: primary

and secondary influences. The former might include the loss of financial resources,
embarrassment, etc. However, the latter involves the loss of reputation, as a result losing

reputation in the local and global market. The company may see huge declines in share
prices.

Richard Home states “If publicized, network security breaches can affect share

prices, cause irreparable reputational damage, and impact on the stability of the wider

financial market”. Besides, the staff and management do definitely experience

psychological difficulties. Eventually, the customers will lose their trust and loyalty
towards the company and the banks, which are the most important things for the firms to

operate successfully.

The issues arisen from highly interconnectedness seem to be inevitable, that is

why, the solutions to the problems should be proposed, or most effectively, they should
be prevented before they happen. Even if they happen to take place, organizations and

companies should be ready to find the criminals more easily, unlike the case which took
place in Bangladesh Central Bank. The criminals have used such tricky ways that they still

have not been found.

CURRENT SOLUTIONS

A number of steps have been taken against cybercrime. Companies and

organizations have not only developed their defense systems on the networks, but they

have also been providing individuals with information and new defensive tools to protect
themselves from possible online fraud. Such tools are chip cards and multi-step

authentications. However, the attackers have not ceased further development, they have
become more complex and more sophisticated. In the past, military systems, and

government networks were the main targets of cyber criminals, but at present, they
mainly focus on the financial sectors. Willam A Carter brought several examples in his

article. First, the banks are being robbed by nation-states. Second, currently, criminals
have access to nation state capabilities. Furthermore, there are open-source malware

libraries that provide advanced capabilities to cyber-criminals.

Another action against the online fraud is the law enforcement. Nevertheless, this

action has also been criticized as it is having difficulties in keeping up with the new
technologies. According to William A. Carter, those include anonymization tools such as

VPN and Tor which hide the cybercriminals and their locations. Another factor that
makes hackers unreachable is the rise of virtual wallets and cryptocurrencies. Using

them, the criminals become highly anonymous and difficult to investigate legally.
Moreover, law enforcement does not have enough funding, skills, and tools. For instance,

Brazil’s legislation is criticized in that its punishments are inadequate, funding to

prosecute cybercrime is low, etc.

PREVENTATIVE ACTIONS

Even though the organizations and companies have been trying keep up with the

cybercriminals both technologically and legally, a key point is taken into account very
little that is human factor. Overall, it is the individuals who click the link, not the

computers. Even the computers of the largest organizations and the firms are controlled


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by people, open an e-mail containing malware, the hackers will then be able to have an

access to the system. This is the reason why individuals should be paid attention and
explained all the possible ways that they may become the victims of online fraud. Most

online frauds occur because of the lack of awareness of cyber risks. It is mainly thought
that personnel of the organization are mainly responsible people, however, there were

some cases when the CEOs of large companies were tricked by the hackers. That is why,
the employees of the organizations should be informed about any possible threats.

Another possible preventative action is that informing the customers about the

possible cyber risks, as they are becoming the main targets of cybercriminals. According

to Kaspersky Lab ‘For criminals targeting bank’s customers is often cheaper and easier

than targeting the banks themselves. Most banks see their customers as the weakest link

in their IT security.

The jurisdictions with specific regulatory requirements against cybercrime are

initially suggested to document cyber-security programs and policies, which follow the
typical pattern of CPMI framework involving governance, identification, protection,

detection, response, and recovery. According to this article, cyber-event reporting is also
a usual way of regulation, where all the banks in a specific area, or all the international

banks are expected to be connected and whichever experiences an online fraud, all the
others are alarmed and informed instantly, which is thought to prevent cybercrime to

some degree.

Even though cyber-threat intelligence-sharing programs may not be one of the

explicit regulations, it is highly encouraged to be used by banks. Juan Carlos Crisanto and
Jermy Prenio bring Hong Kong as the only region, which includes such system.

RECOMMENDATIONS

The importance of proposing solutions has been understood by the whole world, and

all the organizations and companies are trying to solve the issues, give recommendations
and take preventative actions. The reason why it should be taken seriously is that day by day

the threats of the digitalized world have been increasing although digitization has brought
several advantages. Several recommendations are proposed in order to avoid online frauds.

Initially, raising is the key point in being safe online. If both customers and staff members as
well as the management are aware of the possible cyber threats, there is high possibility that

the criminals can hack into their systems.

Other key points are leveraging trusted resources and building an economic

framework are important to protect banks against cyber-attacks. Additionally,
connecting and cooperating with the international organizations such as the United

Nations, INTERPOL is supposed to be one way of protection against the online frauds
Besides, the problem of cyber-crime is an international one and the reason is that

currently, the financial organizations are interconnected which enables the hackers to
identify the systems of the chain of the banks more easily. The availability of more

sophisticated strategic policies to protect the banks is extremely important. For example,
European and International Bank Federations should be responsible for controlling

online frauds which may arise in the financial sector and if possible, they should identify
and propose regulations. As cybercrime has become international, the international

organizations and the companies are required to be equipped with state-of-the-art
technology and systems. Nevertheless, there are many actions to be accomplished in this

sphere. The banks, which operate in different jurisdictions, need alignment of regulatory


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expectations to avoid any conflicts and threats. In order to combat the online threats,

firms and organizations need coordinated strategic policies, as the capacity of law
enforcement is considered to be limited.

Another suggestion is that information about past cyber-attack should be widely

available as other organizations should be aware and have a chance to protect

themselves. Financial organizations should have an access to a special platform which

shares information about the recent cyber-attacks, and the platform should be

internationally accessible in order to prevent cross-border cyber-attacks. For instance,

the member banks of BBA Collaboration system have an access to the centers of the cyber

information through which they can get the necessary data both quickly and safely. The

compulsory requirements are needed for the banks to be able to report cyber-events. If

the banks have clear accountability for cyber-risk issues such as Chief Information

Security Officer, it would may it much easier to monitor the situation. However, the last

point is not popular among companies and organizations as the number of professionals

in the Information Systems field is considered to be low.

Juan Carlos Crisanto and Jermy Prenio state that the national governments should

be responsible for further defense structure against cybercrimes, as it is not only about

international companies and organizations but is also about the security of the

individuals living in the country.

Finally, organizations and companies as well as banks should increase hygiene

education of cyber-risks in order to avoid future threats and risks. As mentioned above,

firms and organizations have been developing their technology and virtual system,

however, the human factor should also be taken into consideration. The priority has

mostly been on the technology not on individuals. For example, social engineers mostly

target the employees of banks to gain access to their systems. They may send infected e-

mails. That is the reason why individuals should be the main priority while defending

against cyber-attacks. According to By Juan Carlos Crisanto

and Jermy Prenio, ‘raising

cyber-

security awareness among bank staff is an important component of a bank’s

initiative to protect itself from cyber-

risk’.

Several meetings and conferences about the possible cyber-attacks may also be

very helpful in order to raise the awareness of the staff members and the management. A

number of cases can be brought as examples so that the employees of banks and other

institutions could witness the consequences of those cyber-crimes. Overall, Juan Carlos

Crisanto and Jermy Prenio mention that cyber-security awareness should be promoted as

much as possible and this plays a major role in any regulatory framework. These actions

will not definitely end all the online frauds, but they help to decrease the number to some

extent. Moreover, individuals should take some responsibilities to decline the number, as

most of the crimes happen through human factors.

In conclusion, the digital world has not only brought benefits, but it has also

brought some issues which have become global these days. Many companies have had

their money stolen, and many banks have suffered from the cyber-attacks. Moreover,

individuals have let the cyber criminals have an access to their different accounts and do

things with their identities. As most of the international companies and organizations

suffer from the current cyberattacks, they have come to conclusion that the cybercrime

should be taken seriously and several actions against it should be taken. Thorough

investigation of the criminals, different types reasons of cybercrimes, possible negative

consequences of online frauds, current actions against them and future preventative

actions have been mentioned and discussed in the current paper.


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H. Richard, ‘BBA, ‘The Cyber Threat to Banking: A Global Industry Challenge’ (2014)

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-

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ROBERT

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Saidov, Ibrokhim. "THE PHENOMENON OF SEPARATION OF OWNERSHIP AND

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Saidov,

Ibrokhim.

"NATURE

OF

ELECTRONIC

COMMUNICATION

EFFECTIVENESS OF THE INCORPORATION OF TERMS AND THE VALIDITY OF

ELECTRONIC SIGNATURES IN THE LIGHT OF UK AND EU LAW." The American Journal of

Political Science Law and Criminology 4.08 (2022): 90-98.

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COMMERCE //Herald pedagogiki. Nauka i Praktyka.

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Т. 2. –

№. 1.

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H. Richard, ‘BBA, ‘The Cyber Threat to Banking: A Global Industry Challenge’ (2014) https://www.bba.org.uk/wpcontent/uploads/2014/06/BBAJ2110_Cyber_report_May_2014_WEB.pdf [acceded 05 May 2021]

A Carter, ‘Forces shaping the cyber-threat landscape for financial institutions’ (2017) Swift Institute Working Paper https://www.swiftinstitute.org/wpcontent/uploads/2017/10/SIWP-2016-004-Cyber-Threat-Landscape-Carter-Final.pdf [acceded 05 May 2021]

A Jones, ‘Cybercrime: The Growing Threat to Global Banking’ (2016) https://internationalbanker.com/banking/cybercrime-growing-threat-global-banking/ [acceded 05 May 2021]

World Economic Forum, ‘Understanding Systemic Cyber Risk’ (2016) White Paper http://www3.weforum.org/docs/White_Paper_GAC_Cyber_Resilience_VERSION_2. pdf [acceded 05 May 2021]

Kaspersky Lab. “New Technologies, New Cyberthreats: Analyzing the State of IT Security in Financial Sector.” 2017. https://go.kaspersky.com/rs/802-IJN240/images/Financial_Survey_Report_eng_final.pdf?aliId=372190581 [acceded 05 May 2021]

J C Crisanto and J Prenio, ‘regulatory approaches to enhance banks’ cyber-security frameworks’ (2017) https://www.bis.org/fsi/publ/insights2.pdf [acceded 05 May 2021]

B. ROBERT ‘5 strategies for addressing cybercrime’ (2017) https://gcn.com/articles/2017/01/11/strategies-addressing-cybercrime.aspx [acceded 05 May 2021]

Y.Fedotov ‘Taking action where we can to stop cybercrime’ (2018) https://www.unodc.org/unodc/en/frontpage/2018/May/taking-action-where-we-can-to-stop-cybercrime.html [acceded 05 May 2021]

Qizi A. S. A. RAQOBAT HUQUQI: USTUN MAVQE TUSHUNCHASI VA UNI TARTIBGA SOLISHNING AHAMIYATI //Ta’lim fidoyilari. – 2022. – Т. 14. – №. 1. – С. 19-27.

Kalandarov, Aminjon. "HOW A TYPICAL CROWDFUNDING ROUND WORKS." World Bulletin of Management and Law 18 (2023): 135-138.

Kalandarov, A. "LEGAL REGULATION OF VENTURE INVESTMENTS IN THE REPUBLIC OF UZBEKISTAN." Herald pedagogiki. Nauka i Praktyka 2.1 (2022).

Saidov, Ibrokhim. "THE PHENOMENON OF SEPARATION OF OWNERSHIP AND CONTROL IN CORPORATE LAW." The American Journal of Political Science Law and Criminology 5.01 (2023): 1-9.

Anvarovich, Saidov Ibrokhim. "Corporate social responsibility under the UK Corporate Governance system." Eurasian Research Bulletin 21 (2023): 120-125.

Saidov, Ibrokhim. "The notice and action procedures in the eu and its role in internet-related disputes." The American Journal of Political Science Law and Criminology 4.08 (2022): 40-47.

Saidov, Ibrokhim. "NATURE OF ELECTRONIC COMMUNICATION EFFECTIVENESS OF THE INCORPORATION OF TERMS AND THE VALIDITY OF ELECTRONIC SIGNATURES IN THE LIGHT OF UK AND EU LAW." The American Journal of Political Science Law and Criminology 4.08 (2022): 90-98.

Askarov J. DIGITAL MEDICINE AND LAW //International Journal Of Law And Criminology. – 2023. – Т. 3. – №. 01. – С. 11-15.

Askarov J. T., Ishbulatov R. F. FOREIGN LEGISLATION IN THE FIELD OF E-COMMERCE //Herald pedagogiki. Nauka i Praktyka. – 2022. – Т. 2. – №. 1.