Transnational Cyber Crime, Differences Between National Laws and Development of European Legislation: By Repression?

Nadina Foggetti

Abstract

Computer crime or cyber-crime, i.e. unlawful conduct committed over the Internet,is spilling over national borders and causing a huge legal headache, particularly inthe matter of deciding which jurisdiction such crime should fall under. The law isnot always prepared for meeting the demands of globalisation and new unlawful activities based on the illicit use of ICTs. The intrinsic cross-border character of this new type of crime also creates a need for improved cross-border law enforcement cooperation at European and international level.

As EU integration continues, the need for better coordination of criminal policies is accentuated. This is true in particular for the field of fight against cybercrime. There are different multinational projects to interconnect these policies. Despite the existence of organs and structure such as the Europol High Tech crimegroup, it cannot be claimed that an elaborated coherent horizontal policy in Europe on the fight against cyber crime exists. A continuing situation of uncoordinatedpolicy in Europe would increase the problem by leading to fragmented anti cyber crime actions, a state of affairs which could potentially be exploited by criminals.

 In this article we analyse, from the perspective of Italian and foreing criminallaw a cross border cyber crime. The problem of cross border cyber crime reinforcesthe need to globalise the law and the way we respond to a problem that transcendsnational borders.

 

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