The Definition of ICT Crime

PRIVATE LAW, RIGHTS, DUTIES AND CONFLICTS, pp. 56-66, S.M. Kierkegaard, P. Kierkegaard, eds., IAITL, Barcelona, Forthcoming

10 Pages Posted: 15 Nov 2011

See all articles by Pieter Kleve

Pieter Kleve

affiliation not provided to SSRN

Richard V. De Mulder

Erasmus University Rotterdam (EUR) - Centre for Computers and Law

Kees van Noortwijk

Erasmus University Rotterdam (EUR) - Centre for Computers and Law

Date Written: October 1, 2010

Abstract

In the last few years, a lot of attention has been paid to what is usually called ‘ICT Crime’. In this contribution, the term ICT Crime is analysed from both a practical and theoretical legal perspective. It will be argued that it is very difficult if not impossible to define ICT Crime unequivocally. Furthermore, there seem to be insufficient grounds to see ICT criminality as an autonomous legal discipline, as an independent functional discipline or as a specialization. An important reason for dealing with ICT Crime as if it is a problem area seems to be fear in governmental organisations that new technology could lead to forms of criminality that are outside their reach of control. Furthermore, the application of ICT has led to a reorientation of legal powers with respect to investigation and prosecution. However, these subjects should be dealt with at an international level.

Keywords: ICT Crime, High-Tech Crime, Cybercrime

Suggested Citation

Kleve, Pieter and De Mulder, Richard and van Noortwijk, Kees, The Definition of ICT Crime (October 1, 2010). PRIVATE LAW, RIGHTS, DUTIES AND CONFLICTS, pp. 56-66, S.M. Kierkegaard, P. Kierkegaard, eds., IAITL, Barcelona, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1959419

Pieter Kleve (Contact Author)

affiliation not provided to SSRN

Richard De Mulder

Erasmus University Rotterdam (EUR) - Centre for Computers and Law ( email )

P.O. Box 1738
3000 DR Rotterdam
Netherlands
31-10-4082194 (Phone)
31-10-4089191 (Fax)

Kees Van Noortwijk

Erasmus University Rotterdam (EUR) - Centre for Computers and Law ( email )

P.O. Box 1738
3000 DR Rotterdam
Netherlands
31-10-4082194 (Phone)
31-10-4089191 (Fax)

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