Cybercrime: Traditional Problems and Modern Solutions
Authors:   , Graham Angus 
Published: March 2023

<p><b>The following thesis shall provide an analysis of the unique challenges which have arisen from the growing phenomenon that is cybercrime. This thesis shall then provide insight into and discussion around how these challenges can be addressed. The technological landscape in which organised cybercriminals operate presents unique challenges to law makers, investigators, and prosecutors. A useful analogy to describe this environment is that of the ungoverned lawless Wild West. This is an environment in which traditional methods of law enforcement and regulation struggle to be implemented efficiently. This struggle calls for new methods of regulation to be explored.</b></p>
<p>Cybercrime creates a number of unique challenges. The key challenges can be summarised as follows. The first, is the loss of data and difficulty in recording and analysing data as evidence. This difficulty is aggravated by the challenge of uncovering whether a cybercrime has taken place. The second challenge is the loss of location, namely the difficulty in establishing where the perpetrator of a cybercrime is located. The third and one of the biggest challenges associated with cybercrime, that is transnationality. While states are limited by the entrenched principles of jurisdiction, cybercriminals are not. Cybercriminality occurs across borders, which brings into focus the challenge of international cooperation which is endemic to any attempt to address cybercrime. One of the final challenges to regulating this space is the dichotomy between private and public actors, and the role of private actors in regulating the technological space and preventing cybercrime from occurring.</p>
<p>The majority of law relating to cybercrime occurs at a national level. Most jurisdictions rely on an approach grounded in the criminalisation of cybercrime. This approach is limited by the inherent reactive and consequence focused nature of criminalisation and the limitations of traditional jurisdictional boundaries of states. Consequently, although criminal law can be used to address the underlying criminal act it is not effective at preventing cybercrime. The limitations of a criminal law based approach necessitates consideration of alternative methods which can proactively address cybercrime.</p>
<p>A proactive regulatory approach is better suited to addressing the challenge posed by cybercrime. The boundaries between law, regulation, and social control are best described and viewed as a continuum. Along this continuum there are various options, configurations, and solutions which can be implemented. This spectrum includes options such as, government regulation, co-regulation, smart regulation, and self-regulation. These alternative approaches emphasis greater private sector responsibility. What is clear is that a solely criminal law focused response is not effective in isolation. It must be complimented by alternative effective forms of regulation which involve greater private sector involvement. Through being able to utilise all the instruments available it is proposed that the best possible solution to addressing cybercrime be achieved.</p>