Cybercrime

Paper Summary:

This paper discusses the issues involved in cybercrime and provides suggestions how to investigate and prosecute offenders. The paper describes the efforts made by the Council of Europe to combat cybercrime. The paper states that a nation must create its own laws regarding various types of cybercrime, including illegal access, illegal interception of electronic communications, data interference, system interference, misuse of devices, computer-related forgery and fraud, child pornography, copyright, aiding or abetting, and corporate liability.

Outline
History of European Efforts
Parallel Initiatives
Limits to the Convention's Requirements
Essential Investigative Elements
Equating ISPs with Telecommunications Companies
U.S. Freedom of Speech Laws
Cybercrime Determinations
Serious Harm
Dual Criminality
When is a Crime a Crime?
Another Agency Is Needed
Conclusion

From the Paper:

"While the European Union is the body most in the news, it is by no means the oldest such body involved in dealing with criminal activities in Europe. The Council of Europe (CoE) is older, having been established in 1949 to uphold and strengthen human rights and to promote democracy and the rule of law in Europe. Since then, its 44 member states, often with the cooperation of the United States, have been branching out beyond that mandate (FAQs, U.S. Department of Justice Web site 2003). The organization, far more than the United Nations or the European Union, has begun to tackle the issues involved in cybercrime, as well as how to investigate and prosecute offenders. Specific extradition and prisoner transfer protocols are, at this point, matters to be worked out between the states involved, and are not specified in the Convention on Cybercrime itself in any specific manner."

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