Data Theft? Cybercrime and the Increasing Criminalization of Access to Data

Clough, Alan R.

doi:10.1007/s10609-011-9133-5

Cited by 16 publications

(10 citation statements)

References 2 publications

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“…By contrast, laws usually relate to various actions with little apparent coherence. This results in conceptual inconsistencies in how cybercrime is defined in different jurisdictions (Clough 2011) and a little clarity on how far computer/network 'involvement' in crime is needed to become a cybercrime, not just a crime. This definitional decision not only affects the legality/illegality of certain behaviors but has a series of other critical additional outcomes, for example, changes in crime rates, prison rates, police resources, and so on.…”

Section: B Transnational Crimementioning

confidence: 99%

The Effectiveness of Indonesian National Police Strategy in Cybercrime Eradication through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

2022

IJSSHR

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Cybercrime has increased along with digital growth in Indonesia in the last decade. There has been a heightened urgency among Indonesian government agencies to eradicate cybercrime. These efforts include a national cybersecurity strategy and taking part in regional cooperation, such as AMMTC. This paper examines the effectiveness of the Indonesian National Police (INP)’s strategy in AMMTC to combat the nation’s cybercrime. By looking at the Global Cybersecurity Index (GCI), this article elaborates on whether the INP’s approach effectively counters cybercrime in Indonesia. This study utilizes transnational crime, cybercrime, cooperative security, and regional organization concepts. It conducts a qualitative research method with a case study approach as a derivative and an analysis descriptive research type. With primary data in the form of interviews with two sources and secondary data that took various related sources, the research conducts triangulation of data. This study shows that although Indonesia was slower in handling cybercrime cases, the effectiveness of INP’s approach on a national and regional scale is starting to look up

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Section: B Transnational Crimementioning

confidence: 99%

The Effectiveness of Indonesian National Police Strategy in Cybercrime Eradication through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

2022

IJSSHR

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“…Not all jurisdictions or scholars recognise trade secrets formally under the banner of IPR (Martinis, Gaudino, & Respess, 2013). In some jurisdictions misappropriation or theft can be a criminal act, although this criminalisation is controversial (Clough, 2011).…”

Section: Policy Contextmentioning

confidence: 99%

The Economic and Innovation Impacts of Trade Secrets

Searle

2020

SSRN Journal

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“…However, the rapid development of payment technologies is inseparable from risks emerging in the electronic environment. As "crime follows opportunity" (Clough, 2011), the electronic environment faces a variety of types of fraud involving the use of modern payment instruments. One of the ways to combat fraud is by inflicting criminal liability for the illegal disposal of electronic payment instruments.…”

Section: The Concept Of Payment Instruments In Criminal Lawmentioning

confidence: 99%

The concept of a technology neutral payment instrument in criminal law

Marcinauskaitė¹,

Girdenis²,

Laurinaitis³

2020

JESI

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The development of electronic payment instruments and their online availability constitute important parts of the development of the EU payments market. Individual states adopt different approaches towards interpretation (legal aspects) and types of electronic payment instruments. To encourage sustainable payment services, minimize possible threats, and create favourable conditions for the development of new payment instruments, legislators adopt general legal acts stipulating the legal status of electronic payment instruments. However, the actual interpretation of payment instruments is often narrowed in legal practice, and does not cover payment instruments newly introduced to the market. A new insight into electronic payment instruments corresponding to the latest trends in the market is important in criminal law as well, because crimes related to the use of a payment instrument are common and difficult to investigate. In view of recent changes in payment services (the new Payment Services Directive in 2019), the norms of criminal law stipulating liability for the illegal disposal of electronic payment instruments must reflect circumstances predetermined by today's technological developments. In terms of criminal law, a technologically neutral conception of the payment instrument is necessary, to include a wider range of payment instruments that differ considerably from conventional personalized payment cards. The aim of this article is, therefore, to demonstrate that the current regulation of the Criminal Code of Lithuania lags behind the development of payment instruments, and in order to avoid excessive criminalization it is proposed to narrow the application of Article 214 of the Lithuanian Criminal Code.

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Data Theft? Cybercrime and the Increasing Criminalization of Access to Data

Cited by 16 publications

References 2 publications

The Effectiveness of Indonesian National Police Strategy in Cybercrime Eradication through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

The Effectiveness of Indonesian National Police Strategy in Cybercrime Eradication through ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

The Economic and Innovation Impacts of Trade Secrets

The concept of a technology neutral payment instrument in criminal law

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