Crime and Technology New Frontiers for Regulation, Law Enforcement a
Guido Rossi As Chairman of ISPAC, I want to thank all the contributors to this book that originates from the International Conference on Crime and Technology. This could be the end of my presentation if I did not feel uneasy not considering one of the pro
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CRIME AND TECHNOLOGY NEW FRONTIERS FOR REGULATION, LAW ENFORCEMENT AND RESEARCH
EDITED BY
ERNESTO U. SAVONA Professor of Criminology, Università Cattolica del Sacro Cuore, Milan, Italy Director of Transcrime, Joint Research Centre on Transnational Crime, Università degli Studi di Trento - Università Cattolica del Sacro Cuore, Italy
Library of Congress Cataloging-in-Publication Data is available.
ISBN 978-90-481-6746-3 ISBN 978-1-4020-2924-0 (eBook) DOI 10.1007/978-1-4020-2924-0
Printed on acid-free paper
All Rights Reserved © 2004 Springer Science+Business Media Dordrecht Originally published by Springer in 2004 Softcover reprint of the hardcover 1st edition 2004 No part of this publication may be reproduced or utilized in any form or by any means, electronic, mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the copyright owner.
TABLE OF CONTENTS
FOREWORD Guido Rossi
ix
INTRODUCTION Ernesto U. Savona
xi
CHAPTER 1 Emerging Challenges Antonio M. Costa Introduction The Scope of the Challenge Towards a Global Response Technologies for Combating Crime: Trade-Offs and Challenges Conclusions CHAPTER 2 The Fox and the Hunters: How IC Technologies Change the Crime Race Ernesto U. Savona and Mara Mignone Introduction The Impact of New Technologies on Society and Crime What Is the Impact of New Technologies on Both Society and Crime? ICT-Related Crime: The Exploitation of New Technologies for Criminal Purposes How Do ICTs Facilitate the Commission of New and Traditional Crimes? Cyber-Offenders: The Case of Organised Groups and White-Collar Criminals Are Criminals Really Going Cyber? The Challenges Faced by Legislation, Law Enforcement and Science How Are Technologies Reshaping the Approach and the Fight against Crime at Legal, Law Enforcement and Scientific Levels? The Legal Response to ICT-Related Crime: Problems and Needs
1 1 2 3 4 5
7 7 8 8 11 11 14 14 19
19 19
vi
TABLE OF CONTENTS Enforcing the Law: The Use of New Technologies against Crime The Role of the Scientific Community: The Need for Knowledge, Training and Co-Operation References
CHAPTER 3 New Challenges for International Rules against Cyber-Crime Fausto Pocar Introduction The Need for International Instruments International Legal Sources on Cyber-Crime Defining Cyber-Crimes in International Legislation Enhancing International Cooperation on Combating Cyber-Crimes Investigation and Prosecution of Cyber-Crimes Some Remarks on Jurisdiction over Cyber-Crimes CHAPTER 4 Combating Cyber-Crime: National Legislation as a Pre-Requisite to International Cooperation Lucie Angers Introduction Challenges and Possible Solutions Substantive Legislation a) The Principles b) The Offences Procedural Legislation a) The Principles b) The Powers International Cooperation a) The Principles b) The Powers Conclusion CHAPTER 5 New Challenges for Law Enforcement Gloria Laycock Introduction The New Challenges The Case for Prevention Science and Detection Implications for Crime Policy and P
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