CHAPTER 1 C. Challenges to Fighting Cybercrime Table of Contents Introduction 27 I. General Challenges 28 II. Challenges to Developing Legal Frameworks 28 A. Adapting Current Legal Frameworks 29 B. Developing Developing Legal Frameworks 30 III. Challenges of Additional Resources 32 A. Additional Legal Tools 32 B. The Consumer’s Role 32 C. Private Sector Cooperation 33 D. Detecting Cybercrime 34 IV. Challenges to International Interoperability 36 A. International Cooperation 37 B. Jurisdictional Challenges 39 V. Safeguards 40 A. Respecting Constitutional Limits 40 B. Balancing Data Collection with Data Protection 41 C. Freedom of Communication 42 1. Freedom of Opinion and Expression 42 2. Freedom of Information 43 Conclusion 44 Introduction Recent ICT developments have not only allowed for the emergence of new types of illegal activities, but have also resulted in novel techniques for evading law enforcement authorities, and, even after having been found out, in hindering investigation and prosecution. At the same time, ICT advancements have strengthened the abilities of law enforcement agencies to investigate and prosecute cybercriminals.1 This section examines challenges in the fight against cybercrime. This section begins by (I) talking of general challenges to cybercrime, goes on to (II) talk about specific challenges of developing legal frameworks, and then (III) highlights that there are other resources that might be brought to bear. The last half of the section Page 27 | Chapter 1 | § C. Challenges to Fighting Cybercrime Table of Contents

Select target paragraph3