‘Oh we can’t actually do anything about that’: The problematic nature of jurisdiction for online fraud victims

Abstract

One of the most pressing challenges with policing online fraud relates to jurisdiction. Policing is traditionally based on territoriality, but the internet has changed this. Offenders in one country can target a victim in a second country, who is requested to send money to a third or fourth country. This article examines online fraud victims’ reporting to police. Specifically, it demonstrates the misconceptions that exist regarding jurisdiction, namely the relationship between the Australian Federal Police and state/territory police. A clear disconnect emerges between understandings and expectations of who can investigate what relating to online fraud. The Australian Cybercrime Online Reporting Network’s establishment in 2014 is a positive step but this has not fixed the issue entirely. Overall, the article argues that the jurisdictional challenges experienced by police are not understood by victims, and improvement is needed regarding awareness of victims and police alike, to reduce unnecessary, additional trauma to victims.