Susan W. Brenner

Bert-Jaap Koops

An in-depth survey of the investigation and prosecution of cybercrime in various jurisdictions.

A Global Survey

Cybercrime and Jurisdiction

Combating cybercrime requires law-enforcement expertise, manpower, legislation, and policy priorities within the ambit of crime-fighting. Because of the utterly transnational character of cybercrime, countries must focus on international investigation and prosecution. As cultural and legal traditions play a major part in countries' views on the exercise of criminal law and sovereignty, a unified approach to this phenomenon requires serious reflection. This book intends to contribute to a more concerted international effort towards effectively fighting cybercrime by offering an in-depth survey of views and practices in various jurisdictions. It includes chapters on the Council of Europe's Cybercrime Convention and on international co-operation in criminal matters. Thirteen country reports, written by experts in the field, are included in alphabetical order. The book concludes by discussing one of the most urgent steps that needs to be taken: resolving positive jurisdictional conflicts when several jurisdictions seek to prosecute a cybercriminal at the same time.

A global survey

Tjerk Timan

Bryce Clayton Newell

Today, public space has become a fruitful venue for surveillance of many kinds. Emerging surveillance technologies used by governments, corporations, and even individual members of the public are reshaping the very nature of physical public space. Especially in urban environments, the ability of individuals to remain private or anonymous is being challenged. Surveillance, Privacy, and Public Space problematizes our traditional understanding of ‘public space’. The chapter authors explore intertwined concepts to develop current privacy theory and frame future scholarly debate on the regulation of surveillance in public spaces. This book also explores alternative understandings of the impacts that modern living and technological progress have on the experience of being in public, as well as the very nature of what public space really is. Representing a range of disciplines and methods, this book provides a broad overview of the changing nature of public space and the complex interactions between emerging forms of surveillance and personal privacy in these public spaces. It will appeal to scholars and students in a variety of academic disciplines, including sociology, surveillance studies, urban studies, philosophy, law, communication and media studies, political science, and criminology.

Surveillance, Privacy and Public Space

This book examines privacy in public space from both legal and regulatory perspectives. With on-going technological innovations such as mobile cameras, WiFi tracking, drones and augmented reality, aspects of citizens’ lives are increasingly vulnerable to intrusion. The contributions describe contemporary challenges to achieving privacy and anonymity in physical public space, at a time when legal protection remains limited compared to ‘private’ space. To address this problem, the book clearly shows why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through ‘privacy bubbles’, obfuscation and surveillance transparency, as well as revising the assumptions underlying current privacy laws.

Conceptual and Regulatory Challenges

Privacy in Public Space

Simone van der Hof

Bart Schermer

Ilina Georgieva

This book centres on Webcam Child Sex Tourism and the Sweetie Project initiated by the children’s rights organization Terre des Hommes in 2013 in response to the exponential increase of online child abuse. Webcam child sex tourism is a growing international problem, which not only encourages the abuse and sexual exploitation of children and provides easy access to child-abuse images, but which is also a crime involving a relatively low risk for offenders as live-streamed webcam performances leave few traces that law enforcement can use. Moreover, webcam child sex tourism often has a cross-border character, which leads to jurisdictional conflicts and makes it even harder to obtain evidence, launch investigations or prosecute suspects. Terre des Hommes set out to actively tackle webcam child sex tourism by employing a virtual 10-year old Philippine girl named Sweetie, a so-called chatbot, to identify offenders in chatrooms. Sweetie 1.0 could be deployed only if police officers participated in chats, and thus was limited in dealing with the large number of offenders. With this in mind, a more pro-active and preventive approach was adopted to tackle the issue. Sweetie 2.0 was developed with an automated chat function to track, identify and deter individuals using the internet to sexually abuse children. Using chatbots allows the monitoring of larger parts of the internet to locate and identify (potential) offenders, and to send them messages to warn of the legal consequences should they proceed further. But using artificial intelligence raises serious legal questions. For instance, is sexually interacting with a virtual child actually a criminal offence? How do rules of criminal procedure apply to Sweetie as investigative software? Does using Sweetie 2.0 constitute entrapment? This book, the outcome of a comparative law research initiative by Leiden University’s Center for Law and Digital Technologies (eLaw) and the Tilburg Institute for Law, Technology, and Society (TILT), addresses the application of substantive criminal law and criminal procedure to Sweetie 2.0 within various jurisdictions around the world. This book is especially relevant for legislators and policy-makers, legal practitioners in criminal law, and all lawyers and academics interested in internet-related sexual offences and in Artificial Intelligence and law. Professor Simone van der Hof is General Director of Research at t he Center for Law and Digital Technologies (eLaw) of the Leiden Law School at Leiden University, The Netherlands. Ilina Georgieva, LL.M., is a PhD researcher at the Faculty of Governance and Global Affairs at Leiden University, Bart Schermer is an associate professor at the Center for Law and Digital Technologies (eLaw) of the Leiden Law School, and Professor Bert-Jaap Koops is Professor of Regulation and Technology at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, The Netherlands./div

Using Artificial Intelligence to Fight Webcam Child Sex Tourism

Sweetie 2.0

Cryptography is essential for information security and electronic commerce, yet it can also be abused by criminals to thwart police wiretaps and computer searches. How should governments address this conflict of interests? Will they require people to deposit crypto keys with a `trusted' agent? Will governments outlaw cryptography that does not provide for law-enforcement access? This is not yet another study of the crypto controversy to conclude that this or that interest is paramount. This is not a study commissioned by a government, nor is it a report that campaigns on the electronic frontier. The Crypto Controversy is neither a cryptography handbook nor a book drenched in legal jargon. The Crypto Controversy pays attention to the reasoning of both privacy activists and law-enforcement agencies, to the particulars of technology as well as of law, to `solutions' offered both by cryptographers and by governments. Koops proposes a method to balance the conflicting interests and applies this to the Dutch situation, explaining both technical and legal issues for anyone interested in the subject.

The Crypto Controversy:A Key Conflict in the Information Society

Jeroen van den Hoven

Tsjalling Swierstra

Neelke Doorn

Henny Romijn

This book addresses the methodological issues involved in responsible innovation and provides an overview of recent applications of multidisciplinary research. Responsible innovation involves research into the ethical and societal aspects of new technologies (e.g. ICT, nanotechnology, biotechnology and brain sciences) and of changes in technological systems (e.g. energy, transport, agriculture and water). This research is highly multidisciplinary. It involves close collaboration between researchers in such diverse fields as ethics, social science, law, economics, applied science, engineering - as well as innovative, design-oriented and policy-relevant. Although there is a trend to engage ethicists and social scientists early in technology development, most literature in the field of Technology Assessment or Ethics of Technology is still aimed at one discipline whereas this book incorporates different approaches and to discuss experiences, lessons and more general theoretical issues.

Bert-Jaap Koops

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