NCJ Number
207467
Journal
European Journal on Criminal Policy and Research Volume: 10 Issue: 1 Dated: 2004 Pages: 27-37
Date Published
2004
Length
11 pages
Annotation
This article identifies and discusses issues upon which countries and international institutions must reach agreement if there is to be an effective international response to "cyber-crime."
Abstract
The first issue that must be addressed is the definition of "cyber-crime." A comprehensive definition must be general, such as defining cyber-crime as the criminal use of any computer network or system on the Internet, which implies attacks on or abuse of the system and network for criminal purposes. International legal instruments should establish a common international minimum standard of relevant offenses. A second issue is sanctions, specifically the type of sanctions that should be imposed on perpetrators of cyber-crime and the procedure for establishing criminal liability for organizations that commit computer-related crime. In addition to achieving consensus and harmony in terminology and sanctions in national law and procedures, there must also be international cooperation in combating cyber-crimes. This means that in cases of transnational cyber-crimes, nations must cooperate in investigations, arrests, and prosecutions. Issues of jurisdiction must be resolved when the perpetrator resides in one jurisdiction and the victim in another jurisdiction, which is not unusual in cyber-crimes. International courts and tribunals are not likely to have a role in such cases unless the crimes involve serious crimes against humanity. 14 references