Towards an Overregulated Cyberspace – Criminal Law Perspective

Aleš Završnik

Abstract

The central thesis of the paper is that some criminal law solutions and responses by criminal justice systems to cybersecurity threats across Europe and the USA raise substantial public policy and human rights concerns. The thesis is explained by presenting the criminal justice systems’ reactions to cybercrime as they are manifested in cybercrime prevention strategies (for instance in data retention regulation and in the changed nature of cybercrime policing), substantive criminal law solutions (for instance with incrimination of mere illegal access) and criminal procedure possibilities that are granting law enforcement impressive powers (for instance with on-line searches and seizures). These changes are heading towards an overregulated cyberspace.

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