Cybercrime, evidence and territoriality: Issues and options

Abstract

This chapter aims to explore policy proposals to deal with one of the most complicated problems posed by the Internet, namely that of jurisdiction. While cybercrime is a phenomenon without borders, the effective prosecution of such a crime is seriously hampered by conflicts of territoriality and jurisdiction. These problems are exacerbated by the evolution of information technology, in particular cloud computing which creates ‘loss of location’ problems for collecting the electronic evidence indispensable for prosecuting crime. The Cloud Evidence Group—a Working Group established by decision of the Cybercrime Convention Committee (T-CY) of the Council of Europe—has proposed, within the limits of agreed legal principles of territoriality and jurisdiction, a series of measures which, together with proper implementation of the Convention, would enable fast and effective access to electronic evidence, while respecting human rights and the rule of law.