Cybercrime Legislation in the Netherlands

B.J. Koops, NETHERLANDS REPORTS TO THE EIGHTEENTH INTERNATIONAL CONGRESS OF COMPARATIVE LAW, pp. 595-633, J.H.M. van Erp & L.P.W. van Vliet, eds., Antwerp: Intersentia, 2010

40 Pages Posted: 3 Jul 2010 Last revised: 4 Mar 2014

Bert-Jaap Koops

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Multiple version iconThere are 2 versions of this paper

Date Written: March 1, 2010

Abstract

This report, written for the 18th International Congress on Comparative Law of July 2010, comprehensively discusses cybercrime legislation and case-law in the Netherlands. Following the structure of the Cybercrime Convention, it first describes substantive criminal law: core cybercrimes such as hacking, viruses, denial-of-service attacks, and misuse of devices; computer-related traditional offences such as fraud and forgery; content-related crimes such as child pornography and racism; and copyright infringement. It also goes into crimes not covered by the Cybercrime Convention: data theft (can virtual goods be stolen?), identity theft, grooming, privacy and data protection offences, and ISP liability. Second, investigation powers are discussed, such as production and preservation orders, computer search and seizure, traffic data and data retention, and communications interception. Third, computer-related evidence and jurisdiction issues are briefly discussed, as well as self-regulatory initiatives for notice-and-takedown and filtering and blocking systems. The report then reflects on the way international legal instruments have been implemented in Dutch law, pointing out omissions in criminalisation as well as some provisions that have fundamentally affected the legal system. The report concludes with identifying issues for comparative legal research and for further harmonisation at the international level.

Keywords: cybercrime, law, Netherlands

JEL Classification: K14, K42, O38

Suggested Citation

Koops, Bert-Jaap, Cybercrime Legislation in the Netherlands (March 1, 2010). B.J. Koops, NETHERLANDS REPORTS TO THE EIGHTEENTH INTERNATIONAL CONGRESS OF COMPARATIVE LAW, pp. 595-633, J.H.M. van Erp & L.P.W. van Vliet, eds., Antwerp: Intersentia, 2010. Available at SSRN: https://ssrn.com/abstract=1633958

Bert-Jaap Koops (Contact Author)

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Paper statistics

Downloads
453
Rank
11,822
Abstract Views
1,754