Edited by Valsamis Mitsilegas, Saskia Hufnagel and Anton Moiseienko
Chapter 23: Legal perspectives on cybercrime
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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