EU Internet Law

EU Internet Law

Elgar European Law series

Andrej Savin

This timely and detailed book is a state of the art overview of Internet law in the EU, and in particular of the EU regulatory framework which applies to the Internet. At the same time it serves as a critical evaluation of the EU’s policy and governance methods and a comparative analysis, mainly contrasting American with EU solutions.

Chapter 10: Cybercrime

Andrej Savin

Subjects: law - academic, european law, internet and technology law


Criminal activity on the web takes many forms. Identities are stolen, computer systems broken into, software illicitly traded, child pornography peddled, money laundered. Share scams, botnets and keyloggers for hire, hacking, phishing, credit card fraud, espionage and political crime have marked the beginning of this century. The perpetrators are numerous and spread widely over the globe. The cost of this activity is measured in hundreds of billions of dollars1 and the figures are likely to rise as the numbers of Internet users increase, particularly in the developing world. This chapter is an outline of some of the issues that have provoked reaction at a European level. The most important one is the Cybercrime Treaty (see below), which is a Council of Europe coordinated initiative open to signature by other states. The European Union has limited capacity to legislate in the area of criminal law, which has always been regarded as a symbol of state sovereignty.2 Although the European Union is primarily a trade organization, it has partial competence to regulate criminal law. This is because crime is an obstacle to trade between Member States but also because better cooperation in criminal matters is necessary for a more stable economic and social development. Both the Maastricht (1993) and the Amsterdam (1999) Treaties introduced changes which affected criminal law to some extent, notably in the field of ‘justice and home affairs’, but the actual competence to create criminal law was lacking. Approximation of rules in criminal matters was allowed under Article 29 of the Nice Treaty (TEU 2001).

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information