Public Law Regulation and Joint Regulation of Cross-border Online Fraud: A Criminal Perspective

Abstract

To handle cross-border online fraud, a global and significant issue, countries have adopted different legislative attitudes and enforcement methods. Existing theories address many issues of legal application and interpretation, whereas there are still some leaks in public law and systematic regulation. Therefore, this research, using this as a leverage point, from a criminal perspective, tries to discover how to regulate this issue efficiently. The main methodologies that this research chose are comparative law and crime script. This study found distinguishing differences between China, the United States and the Philippines, for instance, whether there is a dedicated responsible agency and whether there are specific laws in place, and the views of the European Union (hereinafter referred to as the EU) and African Union (hereinafter referred to as the AU) on this issue are definitely instructive. Through research, it has been found that to confirm criminal jurisdiction, the principle of territory and the principle of most significant relationship should be insisted. The protection of personal information should be based on the principles of legality, legitimacy, necessity, and integrity, with the explicit consent of the information owner as a prerequisite for obtaining and using the information. After de-identification, the information can be used within a certain scope without the provider's consent.