removes the need for a third-party verification organization, as transactions recorded on a public
ledger and are verified through consensus. It is inexpensive, easy to use and secure; presently,
it is the most secure transaction method available.66 Although the technology is perhaps best
known for its use in digital currencies,67 its potential utility is endless. Beyond finance, blockchain
has the potential to revolutionize all exchanges of information—smart contracts, patent
registration, voting, distribution of social benefits, records, etc.68
More dramatic changes are promised by quantum computing. Quantum computing would,
in essence, take the present, binary operating form to a multidimensional level (see section
1 C, box 1.2, below), thereby threatening to undermine existing encryption systems and their
algorithms.69 Faced with this challenge, new cryptology schemes are looking to quantum
mechanics that would use photons, and rely on physics as a means of security.70
Lastly, the role of artificial intelligence (AI) is a growing prospect. Modern technology such
as machine learning and autonomous systems would allow computers to learn, reason and
make decisions with minimal human involvement. For example, AI can detect a security breach
immediately, whereas, in the past, it would take months. Correspondingly, AI might be used to
commit cybercrime, therein presenting unique legal questions (see section 1 C, below).
II. Private Sector Cooperation
Governments have an obligation to assure public safety and security in the analog world.71 The ease
and speed of information-sharing between cybercriminals, and the disparateness of criminal activity,
makes it difficult for law enforcement to keep up. However, much of the infrastructure undergirding
cyberspace, and many of the means of communications operating in cyberspace, are controlled by
nonstate actors. Such being the case, government efforts to combat cybercrime will have to rely on
private sector involvement, notably through the use of public-private partnerships (PPPs).72
In order to combat cybercrime, not only are tailor-made tools complementing traditional
approaches needed, but so, too, is a unified approach for building collaborative partnerships
between law enforcement and the private sector. Gathering and analyzing digital data are key
to investigating and prosecuting cybercrime cases. At both the international and national level,
entities such as INTERPOL and the KSPO are coordinating with the private sector in the area of
digital forensics. These issues are explored in more depth further on (see section 6 C, below).
To a large extent, content carriers, notably internet service providers (ISPs), are not subject to
prosecution, even though criminal content or criminal activity may be carried out using their
services, and even though ISPs often have unique access to essential data regarding criminal
content or activity. ISPs also store customer-use data. Moreover, most ISPs are usually private
entities. In order to encourage investment in provision of internet services and access to the
internet, most jurisdictions afford some limited liability for ISPs on the basis of being “mere
conduits” or intermediaries. Once coupled with privacy guarantees,73 the basic and widespread
position is that ISPs are unaware of the criminal activity in much the same way that a landlord or a
telephone company might be unaware of the natures of activities occurring on the rented premises,
Page 22 | Chapter 1 | § B. Phenomenon & Dimensions of Cybercrime
Table of Contents