Cybercrime and Jurisdiction

Cybercrime and Jurisdiction
Author: Bert-Jaap Koops
Publisher: T.M.C. Asser Press
Total Pages: 374
Release: 2011-08-27
Genre: Law
ISBN: 9789067044684

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Combating cybercrime requires law-enforcement expertise, manpower, legislation, and policy priorities within the ambit of crime-fighting. Because of the utterly transnational character of cybercrime, countries must focus on international investigation and prosecution. As cultural and legal traditions play a major part in countries' views on the exercise of criminal law and sovereignty, a unified approach to this phenomenon requires serious reflection. This book intends to contribute to a more concerted international effort towards effectively fighting cybercrime by offering an in-depth survey of views and practices in various jurisdictions. It includes chapters on the Council of Europe's Cybercrime Convention and on international co-operation in criminal matters. Thirteen country reports, written by experts in the field, are included in alphabetical order. The book concludes by discussing one of the most urgent steps that needs to be taken: resolving positive jurisdictional conflicts when several jurisdictions seek to prosecute a cybercriminal at the same time.

Cybercrime and Jurisdiction

Cybercrime and Jurisdiction
Author: Bert-Jaap Koops
Publisher: T.M.C. Asser Press
Total Pages: 384
Release: 2006-06-08
Genre: Law
ISBN: 9789067042215

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Combating cybercrime requires law-enforcement expertise, manpower, legislation, and policy priorities within the ambit of crime-fighting. Because of the utterly transnational character of cybercrime, countries must focus on international investigation and prosecution. As cultural and legal traditions play a major part in countries' views on the exercise of criminal law and sovereignty, a unified approach to this phenomenon requires serious reflection. This book intends to contribute to a more concerted international effort towards effectively fighting cybercrime by offering an in-depth survey of views and practices in various jurisdictions. It includes chapters on the Council of Europe's Cybercrime Convention and on international co-operation in criminal matters. Thirteen country reports, written by experts in the field, are included in alphabetical order. The book concludes by discussing one of the most urgent steps that needs to be taken: resolving positive jurisdictional conflicts when several jurisdictions seek to prosecute a cybercriminal at the same time.

Cybercrime and Jurisdiction

Cybercrime and Jurisdiction
Author: Bert-Jaap Koops
Publisher: T.M.C. Asser Press
Total Pages: 382
Release: 2006-06-08
Genre: Computers
ISBN:

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An in-depth survey of the investigation and prosecution of cybercrime in various jurisdictions.

Cybercrime, Digital Forensics and Jurisdiction

Cybercrime, Digital Forensics and Jurisdiction
Author: Mohamed Chawki
Publisher: Springer
Total Pages: 151
Release: 2015-02-26
Genre: Technology & Engineering
ISBN: 3319151509

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The purpose of law is to prevent the society from harm by declaring what conduct is criminal, and prescribing the punishment to be imposed for such conduct. The pervasiveness of the internet and its anonymous nature make cyberspace a lawless frontier where anarchy prevails. Historically, economic value has been assigned to visible and tangible assets. With the increasing appreciation that intangible data disseminated through an intangible medium can possess economic value, cybercrime is also being recognized as an economic asset. The Cybercrime, Digital Forensics and Jurisdiction disseminate knowledge for everyone involved with understanding and preventing cybercrime - business entities, private citizens, and government agencies. The book is firmly rooted in the law demonstrating that a viable strategy to confront cybercrime must be international in scope.

Principles of Cybercrime

Principles of Cybercrime
Author: Jonathan Clough
Publisher: Cambridge University Press
Total Pages: 581
Release: 2015-09-24
Genre: Law
ISBN: 1107034574

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A comprehensive doctrinal analysis of cybercrime laws in four major common law jurisdictions: Australia, Canada, the UK and the US.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Author: Michael N. Schmitt
Publisher: Cambridge University Press
Total Pages: 641
Release: 2017-02-02
Genre: Law
ISBN: 1316828646

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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Internet Jurisdiction Law and Practice

Internet Jurisdiction Law and Practice
Author: Julia Hörnle
Publisher: Oxford University Press, USA
Total Pages: 545
Release: 2021-01-07
Genre: Law
ISBN: 0198806922

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Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.

Internet Jurisdiction Law and Practice

Internet Jurisdiction Law and Practice
Author: Julia Hörnle
Publisher: Oxford University Press
Total Pages: 494
Release: 2021-01-07
Genre: Law
ISBN: 0192529951

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From a technological standpoint, geography is largely irrelevant. Data flows through the internet without regard for political borders or territories. Services, communication, and interaction can occur online between persons who may be in different countries. Illegal activities, like hacking, cyberespionage, propagating terrorist propaganda, defamation, revenge porn, and illegal marketplaces may all be remotely targeted and accessed from various countries. As such, the internet has created an interesting and complex set of challenges for the concept of jurisdiction and conflicts of law. This title takes a comparative approach covering the EU, UK, US, Germany, and China. Broken into four parts, this book delves into the notion of jurisdiction as it relates to the internet. Part I focuses on the different meanings of the concept of jurisdiction, from a legal and historical perspective, and distinguishing between the different branches of government. It will highlight the challenges created by the internet, including social media and cloud computing. Part II analyses criminal jurisdiction, in regards to both jurisdictions in cybercrime cases and jurisdictional issues relating to criminal investigations (access to the cloud) and enforcement. Part III examines jurisdiction and applicable law in civil and commercial matters, such as e-commerce B2B and B2C contracts, torts typically occurring online, and online defamation and privacy infringement. Finally, Part IV looks at regulatory jurisdiction, examining the power of the executive (whether an arm of government or independent regulator) to apply and enforce national law. It will look at aspects like the provision of online audio-visual media services and online gambling services, both of which are heavily regulated, but which can be easily provided remotely from different jurisdictions. The book concludes by analysing how the concept of jurisdiction should be adapted to ensure the rule of law by nation states and prevent international conflicts between states. This title gives a comprehensive look at the complicated subject of internet jurisdiction, essential for all dealing with jurisdictions in the modern age.

Cybercrime

Cybercrime
Author: Alisdair A. Gillespie
Publisher: Routledge
Total Pages: 317
Release: 2015-07-16
Genre: Law
ISBN: 1134660332

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As technology develops and internet-enabled devices become ever more prevalent new opportunities exist for that technology to be exploited by criminals. One result of this is that cybercrime is increasingly recognised as a distinct branch of criminal law. This book is designed for students studying cybercrime for the first time, enabling them to get to grips with an area of rapid change. The book offers a thematic and critical overview of cybercrime, introducing the key principles and clearly showing the connections between topics as well as highlighting areas subject to debate. Written with an emphasis on the law in the UK but considering in detail the Council of Europe’s important Convention on Cybercrime, this text also covers the jurisdictional aspects of cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and recent controversial areas such as cyberterrorism and cyber-harassment are explored. Clear, concise and critical, this text offers a valuable overview of this fast-paced and growing area of law.