Cybercrime in the Perspective of the European Legal Framework

Abstract

This paper analyzes the European legal framework on cybercrime. It focuses on the criminal law framework on cybercrime with a mainly European perspective, based in the new modern challenges that have emerged in the form of cyber-crime as criminal groups have taken effectively advantage of technologies. The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in national capitals. In most countries of the European Union, however, existing laws are likely to be unenforceable against such crimes. This lack of legal protection means that businesses and governments must rely solely on technical measures to protect themselves from cyber- crime, with the introduction of new investigative powers and the facilitation of international cooperation.Cybercrime is a term that is used to refer to a broad range of different activities relating to the misuse of data, computer and information systems, and cyberspace for economic, personal or psychological gain. Policy-makers at the EU and at national levels, academics and law enforcement practitioners have put forward different definitions and systems classifying cybercrime as attacks against information systems, online fraud and scam schemes, identity theft, illicit trading or dissemination of illegal content such as child sexual abuse material. The Union should therefore promote policies and legislation that ensure a very high level of network security and allow faster reactions in the event of cyber disruptions or cyber- attacks.

DOI: 10.5901/mjss.2013.v4n9p327