(b) more traditional offences committed using these systems, especially if technologies have significant effects on how the crime is committed or investigated; these will include stalking, criminal copyright infringement, money laundering and fraud. This category may be perceived differently from country to country, depending on policy decisions about whether to criminalise the underlying conduct at all, and often, minor differences in policy or legislative strategy. So, for example, some countries have created specific ‘computer fraud’ offences, while others have either relied on ordinary fraud offences or made minor legislative adjustments to ensure computer fraud is included in them. 1.6 The technologies affect the ways in which crimes are committed, but they can also affect the broader contexts of psychological, social, economic and deterrence factors that influence offending patterns, and some pre-existing forms of criminality have been transformed more than others. A good example of this has been the evolution of the production of and trafficking in “child pornography” or images or other content derived from the sexual exploitation of children. The scope of the problem has expanded enormously as a result of technologies which make it easier to produce and disseminate the illicit materials to a global audience with less risk than pre-digital offending, and which place more distance between consumers and abused or exploited children. During the same period, many of the same factors have contributed to an even larger expansion in the making and dissemination of “erotic” or “pornographic” content, which is not considered as illicit or criminal in many countries. The resulting de-stigmatisation of “pornography” in general has led to pressures to re-label “child pornography” in terms which focus less on a digital commodity that might be legal or illicit depending on what it depicts, and more on the underlying evil of the sexual exploitation of children that is an element of both its creation and dissemination. The concept of “child pornography” or “exploitation materials” is still reflected in international legal instruments, the Commonwealth Model Law, and the laws of many countries because of the need to establish specific and distinct criminal offences relating to child-abuse and the creation, possession and/or dissemination of illicit materials. 1.7 Computer technologies have become so ubiquitous that they are now used to organise or facilitate almost any form of crime. That does not usually lead governments to treat the offences involved as forms of cybercrime per se. Trafficking in narcotic drugs, for example, is not usually regarded as a form of cybercrime, but the Internet can be used for organisational and communications functions as well as to launder proceeds. 1.8 The classification of offences in this way is useful for the development of policy initiatives. However, in reality cybercrime commonly involves criminal activities falling into several categories. For example, distributing malware may be an offence in its own right but is often used to facilitate other offences, such as fraud. This also presents considerable investigatory and evidentiary challenges. 1.9 There can therefore be no clear demarcation between ‘cybercrime’ and ‘noncybercrime’, nor is one required. Whether a country considers a particular problem to be ‘cybercrime’ for its own purposes often depends on whether it chooses to respond to it as a new problem or simply an old one using new means of commission that requires updating policies and legislation. In this context whether or not a type of criminality is labelled as ‘cybercrime’ is not as important as whether the response chosen is actually effective at the national level and as a basis for international co-operation. The latter does require a recognition of the full range of issues discussed in this Report, even if a narrower understanding of cybercrime suffices for national purposes. 12

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