Chapter 2 outlines normative challenges related to jurisdiction over data residing abroad. It illustrates how the law enforcement process involves different types of jurisdictional claim and highlights the challenges in bundling investigative measures with invasive enforcement measures. It also highlights that the traditional focus on territoriality does not meet the needs of law enforcement efforts in fighting cybercrime. Rather, basing claims of jurisdiction to enforce strictly on the location of data raises several questions in terms of the threshold of breaching sovereignty and the legality of accessing such data under international law. Further, the chapter looks at the inadequacies associated with single-factor jurisdictional tests and points to the need for multi-factor assessments. It discusses key actors being placed in a position where compliance with one state’s law necessitates violation of another’s. Last, it analyses international attempts to solve issues of transborder access to data, including the Council of Europe’s Second Additional Protocol to its Budapest Convention, the EU e-Evidence Regulation, the US CLOUD Act and the EU–US CLOUD Act agreement negotiations.

Chapter 9 analyses the extent to which lawmakers have taken the peculiarities of e-evidence into account and highlights flaws in the resulting legal regime. It addresses the Belgian preservation of general data retention and the possibility to use unlawfully retained and/or accessed data. Next, it delves into the wide spectrum of duties for (internet) service providers to cooperate in criminal proceedings. It discusses the broad interpretation of the territorial scope of the Yahoo! and Skype case law from Belgian courts and its codification in subsequent legislation, including how voluntary cooperation with law enforcement remains important in practice. It briefly examines the legal framework for cross-border cooperation, often perceived as ineffective and needlessly time-consuming. Lastly, it sheds light on the potential impact of the EU e-Evidence Regulation, concluding that, under domestic legislation, a coherent, completely fundamental-rights-proof legal framework is still lacking. It shows Belgium’s support for a pan-EU regime and better international cooperation, provided its law enforcement can maintain the possibility of direct cooperation in a sufficiently effective way.

The first chapter will present, define, and explain the two main concepts of the book: Dark Tetrad personalities and cybercrime and cyber misconduct. It will first elaborate on the main characteristics of each personality in the Dark Tetrad. The following section presents the primary forms of cyber misconduct and cybercrime and their adverse outcomes. The chapter concludes by presenting some leading theories explaining why Dark Tetrad personalities are attracted to social media networks.

The chapter will cover one of the most critical and devastating issues in cyber abuse, namely cybercrime. The chapter will start by describing the different forms of cybercrime, such as cyber hacking, cyberattacks, phishing, insurance fraud, online consumer fraud, and more. The chapter will continue by presenting theories regarding the reasons behind the motivations that lead each Dark Tetrad personality to commit cybercrimes. The final section of the chapter will present findings about the relationship between each Dark Tetrad trait and the different forms of cybercrime.

The chapter gives a detailed account of inter-state corporations in combatting cybercrime and its limitations. The chapter situates the current negotiations of a new legal instrument to counter cybercrime within the UN’s historical framework of efforts to enhance co-operation against general organised crime and cybercrime. In particular, it analyses the main issues that have held back progress in enhancing co-operation. It then proceeds to examine the current negotiation process and the prospects for effective co-operation once the negotiations come to an end, highlighting the potentially impactful legal implications of the work of the UN ad hoc committee on cybercrime.

This chapter explores the phenemonon of private criminal dispositions, more commonly known as vigilante justice. It first examines the various definitions of vigilantism, noting that the term used in this book – “private criminal dispositions” – is a very broad category that includes legal and illegal actions. It then reviews different types of private criminal dispositions, including removing a benefit or privilege (often used by retail stores or employers), public shaming (often used against sexual predators), property damage (often used against computer hackers), and, finally, acts of violence, including deadly force.The chapter concludes with a number of case studies of this final type of private criminal disposition, including the Kyle Rittenhouse case and the Ahmaud Arbery murder.

The growth of cybercrime, social media misuse and online intellectual property infringement discussed in the preceding three chapters presents new and significant challenges for regulating these aspects of technology law. Conducting investigations, determining jurisdictional scope and prosecuting offences all require a degree of adaptation, as compared to traditional areas of the law. The contrast between investigating a robbery from a bricks-and-mortar store on the one hand and the hacking of an e-commerce company’s trade secrets is vast.

In recent decades, the regulation of technology and associated information has become an important and topical area of law, relevant to almost all aspects of society. Issues in technology law typically extend beyond specific jurisdictions and have state, national and international implications. Developments in one jurisdiction rapidly have international ramifications, due to the connectedness facilitated by the internet and modern communications technology. The areas of the law that are evolving due to technological developments are diverse: a preliminary list would include finance law, criminal law, medical law, media law and privacy law. New technology creates challenges, because when it becomes available, new regulatory gaps arise. For example, the emergence of cryptocurrencies such as Bitcoin has required public agencies to issue guidelines as to whether they constitute forms of currency, and whether dealings using them are subject to taxation laws.1 Another example is the legislation enacted in the early 2000s to regulate the use of DNA evidence in criminal investigations. When these laws were enacted, the use of commercial ancestry databases and other modern techniques in genetic analysis to identify suspects in some high-profile contemporary cases was not envisaged.2

One of the more challenging intersections of law and technology is the use of computers and associated systems to commit criminal offences. While terminology varies, the neologism cybercrime is widely used to refer to a range of offending that involves computers as targets (eg hacking); as instruments (eg online fraud and forgery); or as incidental to the commission of a crime (eg using the internet to plan or organise a more conventional crime).1 As noted in Chapter 2, some cybercrimes are essentially the same as their ‘terrestrial’ counterparts, but adopt modern technology for their commission (ie ‘old wine in new bottles’), while others represent significantly newer forms of criminality. Examples of the former might include cyberstalking and online fraud, where the message is much the same but the means of communication is more efficient; while the latter might include distributed denial-of-service (DDoS) attacks against websites.

The concluding chapter reflects on Tilley’s call for a middle-range radical realism for crime prevention and then outlines some of what the authors believe will be forces, trends and developments that shape crime prevention policy and practice in the coming years. It focuses on potential trends and forces shaping and impacting crime prevention, cybercrime, 'big data', nudging for prevention, prevention science, and crime prevention as a human service.