Conclusion
This subchapter has given an overview of challenges facing law enforcement in combatting
cybercrime. Those challenges come in all forms, ranging from the basic and general—yet
perfidious—challenges associated with the nature of ICT and the development of cyberspace, to
challenges in developing legal frameworks that both respect exist existing legal frameworks and
yet which can accommodate the diverse novelties of cyberspace. Public safety and security in the
analog world is, as the WDR aptly notes, a public good which governments are obliged to ensure.123
However, while it is a unique public good so much of the analog world—its data, communications
and critical infrastructure—is controlled by the private sector or other nonstate actors.124 Thus,
beyond taking the traditional tacks of acting through policies, laws and institutions, governments
must also seek additional resources, including informing consumers and engaging the private
sector.
Having appropriately organized themselves, governments then face the challenge of assuring
international interoperability. Jurisdictional and international cooperation issues create substantial
difficulties to investigating and prosecuting multinational cybercrime cases. Moreover, challenges
of certain states operating under insufficiently cybercrime-specific legal frameworks often hinders
combatting transnational acts.
Page 44 | Chapter 1 | § C. Challenges to Fighting Cybercrime
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