Investigating Cybercrime
Title
Investigating Cybercrime
Price
€ 49,95
ISBN
9789085551096
Format
Paperback
Number of pages
448
Language
English
Dimensions
15.6 x 23.4 cm
Table of Contents
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Preface 3 Table of contents 5 List of abbreviations 11 Chapter 1 - Updating the legal framework 13 Chapter 2 - Digital investigative methods 29 Chapter 3 - Normative requirements for investigative methods 71 Chapter 4 - The right to privacy and digital investigative methods 84 Chapter 5 - Gathering publicly available online information 132 Chapter 6 - Issuing data production orders to online service providers 161 Chapter 7 - Applying undercover investigative methods online 195 Chapter 8 - Performing hacking as an investigative method 228 Chapter 9 - Cross-border unilateral investigations 264 Chapter 10 - The way forward 322 Chapter 11 - Conclusion 332 References 344 Appendix A 373 Summary 375 Summary in Dutch 379 Acknowledgements 380 Curriculum Vitae 381 SIKS dissertation series (2009-2016) 382 Meijers dissertation series 387

Jan-Jaap Oerlemans

Investigating Cybercrime

Cybercrime investigations require the use of novel investigative methods to successfully gather evidence. This study examines the evidence-gathering activities of law enforcement officials that take place by (1) the gathering of publicly available online information, (2) the issuing of data production orders to online service providers, (3) the use of online undercover investigative methods, and (4) performing hacking as an investigative method. The legal basis of these investigative methods is also examined. The author concludes that the legal basis in Dutch law is ambiguous for many of the identified digital investigative methods. However, a clear legal basis for investigative methods that indicates the scope of investigative methods and the manner in which they are applied must be available. It helps prevent arbitrary application of power by governmental authorities and is therefore essential for protecting the rule of law. The author examines how a foreseeable legal framework for the identified investigative methods can be created that meets the requirements that are derived from the right to privacy in art. 8 ECHR. The borderless nature of the Internet is also taken into account. The question is addressed to which extent digital investigative methods can be applied unilaterally, i.e., without authorisation of the State involved and without a treaty basis, across State borders. The analysis results in a list of recommendations to improve the regulations for digital investigative methods on both the domestic level and the international level. The leading idea is that also in the digital domain evidence-gathering activities by law enforcement officials are bound by law.
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Author

Jan-Jaap Oerlemans

Jan-Jaap Oerlemans studied law (IT law and criminal law) at Leiden University and the University of Amsterdam. From 2010 to 2015, he worked for Fox-IT as a researcher and legal consultant. Since 2009, he is a guest lecturer at eLaw, Center for Law and Digital Technologies, at Leiden University. In his professional work, he focuses on cybercrime, privacy, digital investigations and cybersecurity.