Skr. 2016/17:213
property rights. Other types of crime, such as unlawful threat and defamation, also
occur via the internet.
In addition, in many preliminary investigations, relevant information or evidence
can be obtained on the internet or in an information system, even if the offence itself
has not been committed in such an environment.
A characteristic feature of cybercrime is that it is cross-border, e.g. through denialof-service attacks from one country to another or fraud carried out from a server in a
country in which it can be very difficult to investigate the crimes. There are also
many examples of crimes that have no link to countries other than Sweden, but
where information decisive to the investigation is held by a company in another
country. This might, for example, involve threats and violations on social media.
In its report Elements of IT in criminal activity (2016:17), Brå makes the summary
assessment that the judicial system faces major future challenges and that the
investments made so far in the IT area do not correspond to the need. Brå finds, inter
alia, that there is a great need for training within the Swedish Police Authority and
the Swedish Prosecution Authority, that the cutting-edge expertise of IT
investigators needs to be ensured, that the staffing of IT forensic activities needs to
increase and that knowledge at the authorities’ expert functions needs to be utilised
better.
In its audit of whether the Swedish Police Authority and the Swedish Prosecution
Authority have preparedness for processing and investigating cybercrime
appropriately and effectively, the Swedish National Audit Office draws conclusions
that are partly in accord with those of Brå (RIR 2015:21).
Adaptation of legislation
In order to create better conditions for combating cybercrime, the Government has
taken a number of measures to obtain a better adapted legislation. In recent years,
several amendments have been made in the penal legislation. These include the
introduction of a new crime in the Swedish Penal Code, unlawful use of identity.
Furthermore, on 1 July 2017, the Penal Code will introduce a new crime, gross
invoice fraud, in order to resolve the problems of fraud using “scam invoices”.
Work is also under way to produce proposals to enhance the penal protection of
personal privacy. In a referral to the Council on Legislation of 8 June 2017, the
Government proposed that protection against threats and violations be enhanced and
modernised. The proposal includes a new crime making it punishable to disseminate
certain images and data that are sensitive in terms of privacy. Furthermore,
proposals are currently being produced for amendments to the legislation concerning
contact with a child for a sexual purpose, known as grooming, which often takes
place via the internet. A review of the child pornography crime has also been
initiated. Work is also being done to ratify the Council of Europe’s Convention on
Cybercrime (ETS 185).
Furthermore, a number of issues aimed at modernising the legislation on coercive
measures are currently being investigated. For example, the rules on seizure in
criminal investigations were mainly designed before the advent of IT in society and
are therefore not adapted to application in IT environments. Another issue being
investigated involves the increasing difficultly to execute decisions on the covert
interception of electronic communications since suspects are increasingly encrypting
their communications.
For the law enforcement authorities, access to information on electronic
communications is very important to their ability to investigate both cybercrime and
other crime. However, in a preliminary ruling of 21 December 2016 (in joined cases
C-203/15 and C-698/15), the Court of Justice of the European Union came to the
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