CHAPTER 1
C. Challenges to Fighting Cybercrime
Table of Contents
Introduction
27
I. General Challenges
28
II. Challenges to Developing Legal Frameworks
28
A. Adapting Current Legal Frameworks
29
B. Developing Developing Legal Frameworks
30
III. Challenges of Additional Resources
32
A. Additional Legal Tools
32
B. The Consumer’s Role
32
C. Private Sector Cooperation
33
D. Detecting Cybercrime
34
IV. Challenges to International Interoperability
36
A. International Cooperation
37
B. Jurisdictional Challenges
39
V. Safeguards
40
A. Respecting Constitutional Limits
40
B. Balancing Data Collection with Data Protection
41
C. Freedom of Communication
42
1. Freedom of Opinion and Expression
42
2. Freedom of Information
43
Conclusion
44
Introduction
Recent ICT developments have not only allowed for the emergence of new types of
illegal activities, but have also resulted in novel techniques for evading law enforcement
authorities, and, even after having been found out, in hindering investigation and
prosecution. At the same time, ICT advancements have strengthened the abilities of
law enforcement agencies to investigate and prosecute cybercriminals.1 This section
examines challenges in the fight against cybercrime.
This section begins by (I) talking of general challenges to cybercrime, goes on to (II)
talk about specific challenges of developing legal frameworks, and then (III) highlights
that there are other resources that might be brought to bear. The last half of the section
Page 27 | Chapter 1 | § C. Challenges to Fighting Cybercrime
Table of Contents