Abstract
As the use of the internet and other computer networks has grown exponentially in recent years, so has the opportunity for online unlawful activities. Criminals can trade and share information masking their identity, identify their victims and communicate with co-conspirators online. This article will look at the latest EU initiatives (legal instruments and policy developments) which have been launched to fight cybercrime during the past two-three years, and at the first main findings of the national reports on the seventh round of mutual evaluations carried out by the Council of the European Union. On that basis, some conclusions will be drawn.
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Notes
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union Charter of Fundamental Rights of the European Union, OJ C 83 of 30 March 2010, pp. 1–389.
Council Framework Decision 2005/222/JHA on attacks against information systems, OJ L 69 of 16 March 2005, pp. 67–71.
Directive 2013/40/EU of the European Parliament and of the Council on attacks against information systems and repealing Council Framework Decision 2005/222/JHA, OJ L 218 of 14 August 2013, pp. 8–14.
European Commission [10].
European Commission [11].
Ibid., p. 12.
Ibid., p. 19.
Europol [13], p. 66.
Hayes/Jeandesboz/Ragazzi/Simon/Mitsilegas [15].
Council of the EU [3].
UNODC [18].
For the proposed order of visits to the Member States and the composition of the evaluation teams see Council of the EU [2].
Directive 2013/40/EU of the European Parliament and of the Council on attacks against information systems and repealing Council Framework Decision 2005/222/JHA, OJ L 218 of 14 August 2013, pp. 8–14.
European Commission [11].
Proposal for a Directive of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union, COM(2013) 48 final—7/2/2013—EN.
Proposal for a Directive of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union—Examination of the final compromise text in view to agreement, Brussels, 18 December 2015, 15229/2/15 REV 2.
European Commission [12].
Ministers of Justice of the EU [16].
Ibid., p. 2.
Cabinet Office and National security and intelligence [1].
Council of the European Union [4], p. 18.
Ibid., p. 70.
Ibid., p. 72.
Ibid., p. 73.
French Government [14].
Council of the European Union [5], p. 28.
Ibid., p. 84.
Ibid., p. 96.
Slovakian Government [17].
Council of the European Union [6], p. 16.
Ibid., p. 16.
Ibid., p. 128.
For more information, see: http://virtualglobaltaskforce.com/.
For more information, see: http://www.interpol.int/About-INTERPOL/The-INTERPOL-Global-Complex-for-Innovation.
Council of the European Union [7], p. 84.
For more information, see: http://www.coe.int/en/web/cybercrime/cybercrime-office-c-proc-.
Council of the European Union [8], p. 33.
Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, OJ L 105 of 13 April 2006, p. 54.
Court of Justice of the European Union [9].
Ibid., p. 19.
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Laviero Buono is Head of Section for European Criminal Law at the Academy of European Law (ERA), Trier, Germany. All comments and views expressed in this article are those of the author alone.
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Buono, L. Fighting cybercrime between legal challenges and practical difficulties: EU and national approaches. ERA Forum 17, 343–353 (2016). https://doi.org/10.1007/s12027-016-0432-5
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DOI: https://doi.org/10.1007/s12027-016-0432-5