5 Chapter 4: Cybercrime 5 Chapter 4: Cybercrime

Purpose: This chapter is designed to provide an understanding of cybercrime, i.e. crime that involves a computer network. Basically anything that can be a “real-space” crime can also be done in some way using a computer network. Examples include fraudulent misrepresentation via email or the network distribution of child pornography. In addition, some crimes (such as data theft, or disruption of network) necessarily involve computers, computer software, or computer networks . In this chapter we discuss both types of cybercrime. We limit our focus to the international dimension – i.e. to crimes committed be people in one jurisdiction (or in an unknown jurisdiction) involving computers or networks in another jurisdiction. Finally, both national governments and non-state actors can commit international cybercrimes. For example, the Chinese hack of Google violated U.S. criminal law. Because national governments are not even in theory subject to domestic criminal process, we will focus on crimes committed by non-state actors. Concepts Covered: This chapter divides into three parts. Part 4.1 explores examples of cybercrime and how cyber-criminals operate. Part 4.2 examines the limitations of domestic criminal law to address cybercrime. Part 4.3 looks at international efforts to regulate cybercrime, and the limits of those efforts.

5.1 4.1 How Cybercrime Works 5.1 4.1 How Cybercrime Works

5.1.1 4.1.1 Case Studies 5.1.1 4.1.1 Case Studies

5.2 4.2 The Limitations of Domestic Criminal Law 5.2 4.2 The Limitations of Domestic Criminal Law

5.2.1 4.2.1 Jurisdiction and Sovereignty 5.2.1 4.2.1 Jurisdiction and Sovereignty

5.3 4.3 International Efforts To Regulate Cybercrime 5.3 4.3 International Efforts To Regulate Cybercrime