80. See, e.g., Additional Protocol to the Council of Europe Convention on Cybercrime Concerning the Criminalization of Acts of a Racist and Xenophobic Nature Committed through Computer Systems, CoE (2003), at http:// conventions.coe.int/Treaty/en/Treaties/ Html/189.htm. 81. International Narcotics Control Board, “Globalization and New Technologies: Challenges to Drug Law Enforcement in the Twenty-First Century,” (2001), at https://www.incb.org/documents/ Publications/AnnualReports/AR2001/ AR_01_Chapter_I.pdf; ITU Understanding Cybercrime, supra § 1 B, note 1, pp. 30– 40; Stefan Frederick Fafinski, “Computer Use and Misuse: The Constellation of Control,” Ph.D. Dissertation, University of Leeds, School of Law, (2008), pp. 273–81. 82. See, e.g., “Europol Supports Huge International Operation to Tackle Organised Crime,” Europol, at https:// www.europol.europa.eu/content/europolsupports-huge-international-operationtackle-organised-crime. 83. Eric Neumayer, “Qualified Ratification: Explaining Reservations to International Human Rights Treaties,” Journal of Legal Studies, Vol. 36 (2007), p. 397. 84. Budapest Convention, supra § 1 B, note 32, at Art. 42. 85. ITU Understanding Cybercrime, supra § 1 B, note 1, at 77–78. 86. For example, according to “Cybercrime knows no borders” featured by InfoSecurity Magazine in 2011, Invincea founder Anup Ghosh notes that “Law enforcement agencies don’t have jurisdiction to prosecute outside their borders, so they need bilateral or multilateral agreements to bring criminals to justice. But often it is really just sharing information with foreign law enforcement agencies and hoping they will do something about it.” For additional information: Ibid. 87. See infra § 2 E. 88. Anthony J. Colangelo, “A Unified Approach to Extraterritoriality,” Virginia Law Review, Vol. 97 (2011), p. 1019. 89. United States v. Aleksandr Andreevich Panin, a/k/a Harderman, a/k/a Gribodemon, and Hamza Bendelladj, a/k/a Bx1, (26 Jun. 2013) N.D. Ga., No. 1:11-cr-00557-AT-AJB Document 35. Page 61 | Chapter 1 | End Notes 90. Christopher Budd, “Why the SpyEye Conviction is a Big Deal,” Trend Micro, (3 Feb. 2014), at http://blog.trendmicro. com/spyeye-conviction-big-deal/. 91. “SpyEye Botnet Kit Developer Sentenced to Long Jail Term,” PC World, (20 Apr. 2016), at http://www.pcworld.com/ article/3059557/spyeye-botnet-kitdeveloper-sentenced-to-long-jail-term. html. 92. US Attorney’s Office, N.D. Ga., “Cyber Criminal Pleads Guilty to Developing and Distributing Notorious SpyEye Malware,” (28 Jan. 2014), at https://archives.fbi.gov/ archives/atlanta/press-releases/2014/ cyber-criminal-pleads-guilty-todeveloping-and-distributing-notoriousspyeye-malware/. 93. “Two Major International Hackers Who Developed the ‘SpyEye’ Malware Get Over 24 Years Combined in Federal Prison,” US Dept. of Justice, (26 Apr. 2016), at https://www.justice.gov/usaondga/pr/two-major-international-hackerswho-developed-spyeye-malware-getover-24-years-combined. 94. Ibid. 95. Ibid. See also US Attorney’s Office, supra note 92. 96. UNODC Cybercrime Study, supra § 1 C, note 7, at 108. 97. See infra § 5 A. 98. Fernando Molina, “A Comparison between Continental European and Anglo-American Approaches to Overcriminalization and Some Remarks on How to Deal with It,” New Criminal Law Review, Vol. 14 (2011), p. 123; Kimberly Kessler Ferzan, “Prevention, Wrongdoing, and the Harm Principle’s Breaking Point,” Ohio State University Journal of Criminal Law, Vol. 10 (2013), p. 685, at http://ailadc.org/form.php?form_ id=12; Joel Feinberg & Robert P. George, “Crime and Punishment: Moralistic Liberalism and Legal Moralism: Harmless Wrongdoing: The Moral Limits of the Criminal Law,” Michigan Law Review, Vol. 88 (1990), p. 1415. 99. US Dept. of Commerce, Internet Policy Task Force, Copyright, Creativity and Innovation in the Digital Economy, (Jul. 2013). 100. Nina Persak, Criminalizing Harmful Conduct: The Harm Principle, Its Limits and Continental Counterparts, Springer Science & Business Media, 2007. 101. The “harm” principle is fundamental to John Stuart Mill’s approach to justifying or rejecting the intervention of the state through criminal law to prohibit, deter and punish certain behaviors. In On Liberty, Mill argues for “one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control.” That principle is that “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant,” John Gray & G.W. Smith (eds.), J.S. Mill on Liberty, (New York: Routledge, 2003), p. 90. 102. The principle is captured by the Latin dictum “actus reus non facit reum nisi mens sit rea” (“the act is not culpable unless the mind is guilty”). See, e.g., Oxford Reference. 103. See, e.g., “Cyberla Tracker,” UNCTAD, at http://unctad.org/en/Pages/DTL/ STI_and_ICTs/ICT4D-Legislation/eComData-Protection-Laws.aspx. 104. For instance, while an early leader in the field of data protection, the US Privacy Act 1974 (USC Title 5, § 552a) applies only to the Federal Government, and subsequent laws applies to specific sectors, but there is no comprehensive law to date. 105. “What Is Data Protection?,” Privacy International, at https://www. privacyinternational.org/node/44. 106. UN General Assembly, Universal Declaration of Human Rights, (10 Dec. 1948) 217 A (III) [hereafter, “UDHR”], at http://www.refworld.org/ docid/3ae6b3712c.html. 107. UN General Assembly, International Covenant on Civil and Political Rights, (16 Dec. 1966) United Nations, Treaty Series, Vol. 999, p. 171 [hereafter, “ICCPR”], at http://www.refworld.org/ docid/3ae6b3aa0.html. 108. OAS, American Convention on Human Rights, (22 Nov. 1969), at http://www. refworld.org/docid/3ae6b36510.html. 109. UN General Assembly, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, (10 Aug. 2011) A/66/290, para. 10, at http://www.ohchr. org/Documents/Issues/Opinion/A.66.290. pdf. 110. UNODC Cybercrime Study, supra § 1 C, note 7 at 110. Table of Contents

Select target paragraph3