The Way Forward in Addressing Cybercrime Regulation on a Global Level
Murdoch Watney · Journal of Internet Technology and Secured Transaction · 2012
The proliferation of cybercrime necessitates all internetconnected states to be involved in cybercrime regulation, not only on a national and/or transnational level but also on a global level.Although it has been stated that the internet per se and cyberspace in general are by its very nature ungovernable, most nation-states have implemented national and in some instances transnational laws to regulate the internet and cyberspace for law enforcement and national security purposes.The effectiveness of such regulation in cross-border crime commission has brought about many unsolved problems which necessitate a debate on the way forward in addressing cybercrime regulation on a global level.As illustrated in the discussion, cyberspace may very well become ungovernable if a "super-power" nation-state or a cluster of nation-states take a unilateral decision regarding which conduct constitutes permissible online conduct and subsequently try to superimpose these laws on other nation-states.It is suggested that under the auspices of the United Nations and within an international law context the following issues should be addressed: conceptualizing the term "cybercrime" in establishing for example whether it includes a cyber-attack, determining which online conduct is permissible to ensure peace and security and initiating negotiations towards a cybercrime treaty.Addressing the latter issues will constitute a starting point in the way forward in ensuring cybercrime regulation on a global level.