The news is full of reports of data breaches that have been suffered by companies and even governments. Numerous media reports detail how hackers have managed to obtain tens of thousands of confidential records, or in some cases, tens of millions or more. However, it is rare that a hacker is caught and brought to justice for the crimes committed.

Recently, a hacking group in Russia was reported to have stolen a staggering 1 billion passwords. If that was not shocking enough, the authorities know the individuals are located in central Russia. They are also in their early 20s. If they have been identified, why have they not been arrested?

Bringing hackers to justice is complicated

In this case, there are problems because it is the United States that wishes to take action. The crimes were committed against Americans but some countries are unwilling to turn over their own citizens to other countries. In this case, should the criminals be tried in Russia or in the United States? Where should justice occur, where the crimes were committed or in the country most affected by the crimes? Should hackers be extradited?

If there is no treaty in place between two countries, hackers will be tried and sentenced (or not) in their own countries. The United States has tried to get five Chinese hackers extradited and brought to the United States to face trial. They worked for the Chinese military. China is unlikely to take any action, and certainly will not release them to the United States. The individuals are believed to be behind attacks on Alcoa, U.S. Steel and Westinghouse, as well as on other U.S. firms. The criminals were indicted, but that is as far as the U.S. got. They are very likely working on new hacks against U.S. companies.

In some cases, hackers do not need to be extradited. The FBI has previously tricked hackers into coming over to the United States voluntarily. By doing so the tricky issue of extradition has been avoided. The FBI set up a job interview for two hackers using a fake Seattle company. The pair, Alexey Ivanov and Vasily Gorshkov, arrived for the interview and were promptly arrested. The latter received a sentence of 3 years, the former got 48 months.

Spam email kingpin sent 30% of all junk emails!

If you are a cybercriminal or spammer and you have launched attacks on Americans, it is a wise move never to visit the country. However, some just can’t resist. When visiting a car show in Las Vegas in 2010, Russian super-spammer, Oleg Nikolaenko, was arrested and charged for his crimes. He had used a botnet to send the spam emails. That botnet included a staggering half a million computers. Even more staggering was the volume of emails he sent. An estimated 10 billion per day. He is awaiting trial.

Hackers are very good at hiding their real identities and consequently can be difficult to locate. It can be even harder to bring them to justice.

It should come as no surprise to hear that many successful hackers are based in countries that offer protection against extradition to the United States. Unless there are international laws signed, and more cooperation between countries to tackle the global problem of cybercrime, they are unlikely to be tried and sentenced for their offenses.