CHAPTER 1
B. Phenomenon & Dimensions of
Cybercrime1
Table of Contents
Introduction
15
I. Situating Cyberspace
15
A. “A Brave New World”3
16
B. Maintaining Public Confidence
18
C. Cybercrime’s Physical & Virtual Nature
18
D. Innovative Criminal Prohibitions
20
E. Technological Innovations
21
II. Private Sector Cooperation
22
Conclusion
25
Introduction
Having set forth the purpose of the Toolkit in section 1 A, we now look at some of
the particular features of cybercrime in its evolving context. This section begins by (I)
talking about the place of cyberspace in today’s world and the place of the law therein,
going on to (II) drawing attention to the important role of private sector engagement.
I. Situating Cyberspace
Law, as a reflection of public policy, is intended to provide a predictable, fair and transparent basis
for ordering society, and for offering objective means for dispute resolution. With (A) the society’s
expansion into “cyberspace”2 ushering in a brave new world, it is fundamental that (B) public
confidence in law and order also extends into cyberspace in order for that space to continue to
be a place where economic, political and social discourse flourish. But because (C) cybercrime
is not entirely virtual or physical, (D) innovative public policy and legal approaches addressing
cybercrime—balancing security with human right—are imperative.
Page 15 | Chapter 1 | § B. Phenomenon & Dimensions of Cybercrime
Table of Contents