A CRITICAL LOOK AT THE REGULATION OF CYBERCRIME : A COMPARATIVE ANALYSIS WITH SUGGESTIONS FOR LEGAL POLICY
Auteur Dr. Mohamed CHAWKI ,
Publié le 11/04/2005
Ordre juridique - Droit_comparé
Domaines Informatique et libertés, Criminalité informatique
Langue - Anglais
Format pdf
Abstract

Resumé

Cybercrime cut across territorial borders, creating a new realm of illegal human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries. Territorially-based law-making and law-enforcing authorities find cybercrime deeply threatening. It has subjected the nation-State to unprecedented challenges with regard to its efficacy, sovereignty and functions. However, established territorial authorities may yet learn to defer to the self-regulatory efforts of Cyberspace participants who care most deeply about this new digital trade in ideas, information, and services. Separated from doctrine tied to territorial jurisdictions, new legislations will emerge, in a variety of online spaces, to deal with a wide range of new phenomena that have no clear parallel in the real world.

Accordingly, this article seeks to address and analyse the following issues: Firstly, it examines how cybercrime is being addressed at the national and international levels.
Secondly, it reviews the state of the existing legislative and regulatory framework and their efficiency in combating this form of cross-border organised crime, taking the European Union
as a case study. Finally, the article will conclude by discussing the steps nations should take in their battle against this crime.

56 pages, 274Ko.

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