E. National versus International Approaches
Defining cybercrime depends on the context and purpose for which the definition will be used.
In national, domestic legislation, the purpose of defining cybercrime is to enable investigation
and prosecution of various offences falling under that umbrella. As such, it may not be useful to
define the term either narrowly or precisely, especially when procedural provisions of domestic law
could be applicable to acts constituting cybercrime as well as other crimes involving e-evidence.45
In the international context, defining cybercrime is useful for interpreting provisions concerning
cross-border investigative powers. Some multilateral treaties on cybercrime extend international
cooperation rules “for the collection of evidence in electronic form of a criminal offence”,46 while
others specify that international cooperation rules apply to differentiate between “offences against
computer information”47 and “cybercrime”.48 This differentiation has led the United Nations
Office on Drugs and Crime (UNODC) to note that “[i]n the international sphere, conceptions of
‘cybercrime’ may thus have implications for the availability of investigative powers and access to
extraterritorial e-evidence.”49
That is not to understate the link between national laws and international instruments. To illustrate,
note that many concepts in the Budapest Convention draw from national legislations.50 In turn,
countries ratifying the Budapest Convention have utilized the Convention’s understanding of
cybercrime within their own national laws. This dual integrativeness has helped reduce the friction
among national laws, which in turn, improves state coordination and provides clarity through
convergence.
II. Existing Definitions
This section briefly takes stock of selected practices in definitional approaches to “cybercrime” as
used (A) in domestic, national legislation, (B) in multilateral instruments on cybercrime and (C) in
the literature.
A. National Level
While a number of countries have legislation dealing with cybercrime,51 only a few countries define
“cybercrime” in their national legislation.52 Of those countries with a national cybercrime law, only a
few explicitly use the term “cybercrime” in the articles of such law.53
Rather, titles or provisions in national laws pertaining to cybercrime use terms such as:
“Electronic crimes”
“Computer crimes”
Page 71 | Chapter 2 | § A. Working Definition of Cybercrime
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