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
Date Written: October 1, 2010
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
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