Wednesday, August 11, 2010
This report, written for the 18th International Congress on Comparative Law of July 2010, comprehensively discusses cybercrime legislation and case-law in the Netherlands. Following the structure of the Cybercrime Convention, it first describes substantive criminal law: core cybercrimes such as hacking, viruses, denial-of-service attacks, and misuse of devices; computer-related traditional offences such as fraud and forgery; content-related crimes such as child pornography and racism; and copyright infringement. It also goes into crimes not covered by the Cybercrime Convention: data theft (can virtual goods be stolen?), identity theft, grooming, privacy and data protection offences, and ISP liability. Second, investigation powers are discussed, such as production and preservation orders, computer search and seizure, traffic data and data retention, and communications interception. Third, computer-related evidence and jurisdiction issues are briefly discussed, as well as self-regulatory initiatives for notice-and-takedown and filtering and blocking systems. The report then reflects on the way international legal instruments have been implemented in Dutch law, pointing out omissions in criminalisation as well as some provisions that have fundamentally affected the legal system. The report concludes with identifying issues for comparative legal research and for further harmonisation at the international level.
Download the report from SSRN at the link.