Skip to main content
Log in

New Challenges for International Rules Against Cyber-Crime

  • Published:
European Journal on Criminal Policy and Research Aims and scope Submit manuscript

Abstract

In light of the borderless nature of cyber-crime, international legislation and action are essential to combat the phenomenon. Current legal instruments, as well as continuing efforts of international organizations, provide a significant basis in this area. However, important issues are still open, such as a uniform or harmonized definition of the crimes and of the sanctions to be imposed on perpetrators, which are a prerequisite for avoiding domestic legislation taking different approaches to the subject matter. The clarification of these issues is also a prerequisite for enhancing international cooperation and making it effective, if this has to be based on the respect for the principle of dual criminality. In this context, it must also be stressed that interstate cooperation may not be sufficient if the private sector, including companies producing hardware and software, are not involved. Finally, a harmonized approach to jurisdictional issues, including careful consideration of the universality principle, would also play a critical role in combating cyber-crime.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Institutional subscriptions

Similar content being viewed by others

REFERENCES

  • Alliance for Global Business, A Global Action Plan for Electronic Commerce, 2nd ed., October, 1999.

  • Clarberg, B., Cyber Crime, Paper presented at the conference on International Cooperation on Trans-National Crime, The Hague, 9-10 October2003(unpublished).

  • Council of Europe, Convention on Cyber-Crime. Budapest, 23 November 2001a.

  • Council of Europe, Convention on Cyber-Crime, Explanatory Report. 8 November 2001b.

  • Council of Europe, Additional Protocol to the Convention on Cyber-Crime Concerning the Criminalisation of Acts of a Racist and Xenophobic Nature Committed through Computer Systems. Strasbourg, 28 January 2003.

  • Jennings, R. and A. Watts (Eds), Oppenheim's International Law, 9th ed., London: Longman, 1992.

    Google Scholar 

  • National Hi-Tech Crime Unit, Operational Protocol between the National Hi-Tech Crime Unit and Parties within the Strategic Stakeholders, May 2002.

  • OECD, Convention on Combating Bribery of Foreign Officials in International Business Transactions. 21 November 1997.

  • OECD, OECD Guidelines for the Security of Information Systems and Networks. Towards a Culture of Security. Paris: OECD, 2002.

    Google Scholar 

  • Parisi, N. and D. Rinoldi, Recent Evolutions in the Fight against Corruption in the International Trade Law, Le droit des affaires internationales, p. 1, 2004.

  • Podgor, E.S., International computer fraud: A paradigm for limiting national jurisdiction, U.C. Davis Law Review, p. 35, 2002.

  • Shaw, M., International Law,4th ed., New York: Cambridge University Press, 1997.

    Google Scholar 

  • UN Economic and Social Council, Official Records of the Economic and Social Council, 2001, Supplement No. 10 (E/2001/30/Rev.1), 2001.

  • UN Economic and Social Council, Effective Measures to Prevent and Control Computer-Related Crime. Report of the Secretary-General, 29 January 2002.

Download references

Author information

Authors and Affiliations

Authors

Rights and permissions

Reprints and permissions

About this article

Cite this article

Pocar, F. New Challenges for International Rules Against Cyber-Crime. European Journal on Criminal Policy and Research 10, 27–37 (2004). https://doi.org/10.1023/B:CRIM.0000037565.32355.10

Download citation

  • Issue Date:

  • DOI: https://doi.org/10.1023/B:CRIM.0000037565.32355.10

Navigation