Research Handbook on Transnational Crime
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Research Handbook on Transnational Crime

Edited by Valsamis Mitsilegas, Saskia Hufnagel and Anton Moiseienko

This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts. It covers all the major areas of transnational crime, providing a well-rounded, detailed discussion of each topic, and includes chapters focusing on responses to transnational crime in specific regions.
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Chapter 23: Legal perspectives on cybercrime

Gregor Urbas

Abstract

Legal perspectives on cybercrime are drawn from international agreements such as the Council of Europe’s Convention on Cybercrime, domestic legislation and case law. Unauthorised access, modification and impairment of data and systems are criminalised as a means of protecting against attacks by ‘hackers’ and other interferences that undermine access, availability and the integrity of information and communications networks. Similarly, cybercrime laws extend to the creation and distribution of malicious software or ‘malware’, and the use of ‘botnets’ to commit other crimes. Cybercrime laws also incorporate the traditional offences of forgery and fraud, as well as newer offences relating to identity theft. Other crimes against the person that may be committed online include child pornography, child grooming, cyber stalking and harassment, and legislatures have responded to these crime types with new or updated offences. Finally, a range of procedural laws have been enacted to facilitate the investigation, prosecution and sentencing of cyber criminals.

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