discusses (IV) the various challenges of a lack of international interoperability and
(V) the need for appropriate safeguards to be implemented by both national and
international authorities.
I. General Challenges
Challenges to investigating and prosecuting cybercrime arise out of its transnational, and thus
multi-jurisdictional, nature, as well as to challenges in detecting these crimes, insufficient legal
frameworks and the ever-shifting technological landscape.
Technology moves on apace, and usually much more quickly than authorities or, even more so,
legislatures do. Bearing such technological evolution in mind, legislatures frequently attempt to
account for technological progress that would render the wording of a criminal statute obsolete
by, for instance, using relatively generic language and not specifying technology, or by adopting
generalizations—for instance, “any electronic communication technology, regardless of its
technological format or appearance”.2
Challenges for law enforcement in the fight against cybercrime are manifold. The most
common include the following:
1 Growing access to high-speed internet access;
2 Growing availability of hardware and software tools (particularly encryption technologies);
3 Increasing ease of launching automated cyberattacks;
4 Rapid development of novel cybercrime techniques;
5 Rapid nature of cyberattacks;
6 Fragility and temporal nature of electronic data;
7 Lack of investigative capacity devoted to cyberspace;
8 Increasing reliance on (initial) automated investigation processes due to increasing number
of internet users;
9 Decentralized nature, architecture, and design of the internet;
10 ���Multi-jurisdictionally of the crimes; and
11 Anonymous nature of online communications.
II. Challenges to Developing Legal Frameworks
Page 28 | Chapter 1 | § C. Challenges to Fighting Cybercrime
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