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Análisis Jurídico del Catfishing en Transacciones de Comercio Telemático en Ecuador: Desafíos y Soluciones en el Contexto de la Seguridad Cibernética

Coronel-Rivera, Katerine Alexandra ; Arévalo-Vásquez, Carmen Elizabeth ; Villavicencio, Marcel (2024) — MQRInvestigar

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DOI: 10.56048/mqr20225.8.4.2024.1311-1337 (opens in a new tab)

Type:   Journal Article
Country:   Ecuador
Tags:   Catfishing, Coip, Cybercrime, Cybersecurity, E Commerce, Ecuador, Identity Impersonation, Identity Theft, Legal Analysis, Legal Regulation, Online Fraud, Victim Experience
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Synopsis

            
In recent years, Ecuador has experienced economic growth driven by the expansion of Internet connectivity, the widespread use of mobile devices, digital transformation, and the technological impact of the Covid-19 pandemic. This dynamism has led to an increase in the number of online stores offering a wide range of products and services on the web, strengthening consumer confidence in online shopping. At the same time, this digital progress has opened the door to new forms of cybercrime, among which Catfishing stands out, understood as identity impersonation in telematic commerce processes. This research proposes an analysis of Catfishing in telematic commerce transactions in Ecuador, focusing on the challenges and possible solutions to reinforce cybersecurity and to raise awareness of its effects among the Ecuadorian community. Catfishing involves pretending to be another person online in order to deceive individuals for financial gain, becoming a significant issue for the free supply and demand that operate in a globalized economy. Therefore, the need to understand this phenomenon and to raise awareness about the risks and consequences of these cyberattacks is emphasized. With that aim, the research will examine Catfishing and its impact on Ecuadorian telematic commerce by analyzing its regulatory framework, with the goal of offering a comprehensive and critical view of this issue. The central proposal is to outline the challenges posed by identity impersonation in the digital environment and to consider measures to strengthen cybersecurity in the field of online commerce.

          

        
                  

            
Identified Gaps

            
The paper identifies gaps in the Ecuadorian framework: catfishing is not adequately criminalized, and the article on impersonation does not expressly address the digital context. It also notes Ecuador's lack of accession to the Budapest Convention, limited public knowledge of digital security and the electronic commerce law, and insufficient infrastructure and resources to implement cybersecurity rules and strategies.

          

        
                  

            
Methods

            
A legal-documentary study based on analytical and synthetic methods. The analytical method examines concepts, causes, the impact of catfishing, telematic commerce, and Ecuadorian regulation, comparing it with Spanish legislation. The synthetic method integrates these elements to assess incorporating catfishing into Ecuador's legal framework and propose solutions involving security, training, awareness, and international cooperation.

          

        
                  

            
Limitations

            
The article does not state its own methodological limitations. By inference, its scope is primarily legal-documentary: it analyzes legislation, secondary sources, and already published statistics, without describing primary-data collection, interviews, case files, or empirical measurement specifically involving Ecuadorian catfishing victims in telematic commerce. It also recognizes that technological infrastructure, budgetary resources, and public knowledge limit the effective implementation of legal responses.

          

        
                  

            
Future Work

            
Reform the COIP to classify catfishing as an autonomous crime within crimes against the right to identity; promote Ecuador's accession to the Budapest Convention; implement cybersecurity education and awareness campaigns; and provide specialized training to judicial personnel on e-commerce and catfishing tactics.

          

              

    
    

        
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