International Criminal Law
76
3.4.2
EU initiatives
3.4.2.1 European Commission Cybercrime and Communication
141
The EU Action Plan to combat organised crime, which was adopted in May 1997 by
the Justice and Home Affairs Council and endorsed by the European Council,
contained a request for a study to be undertaken into computer-related crime. The
European Commission, the executive body of the EU, presented the findings of this
study, known as the COMCRIME study, to the Council in April 1998. It provided the
European Commission with reliable, current information on legal aspects of
computer-related crime and established a database of relevant national criminal
statutes on computer crime.
142
The Cybercrime Communication, which considers
the recommendations made by this study, is entitled
Creating a Safer Information Society
by Improving the Security of Information Infrastructures and Combating Computer-Related
Crime
. It is the European Commission’s first comprehensive policy statement on
cybercrime which includes proposals for Framework Decisions relating to child
pornography and the spread of computer viruses. Taking account of this
Communication, the European Parliament published a Recommendation entitled a
Strategy for Creating a Safer Information Society
.
143
The main aim of the COMCRIME study was to analyse the legal issues and to
recommend a range of strategies to tackle the problem of computer crime. The
researchers noted that, at the time, most legislation dealing with computer-related
crime was linked to economic offences such as computer fraud and theft of intellectual
property. However, public concern regarding the availability of illegal material on
computer networks was on the increase. National authorities seldom considered
using non-legal remedies to solve the problem, preferring to use the criminal law.
Research revealed a lack of harmonisation with respect to the substantive criminal
law, the range of coercive powers given to prosecuting authorities to investigate
and prosecute computer crime and criminal jurisdiction. Nationally, there was also
a lack of consistency regarding responsibilities imposed on the computer industry.
While international responses to the problem were improving, the co-ordination of
these activities remained a cause for concern. Suggestions made by international
organisations were criticised as being too vague and for tending to focus too much
on legal issues.
The research indicated that the international dimension of computer-related crime
required international measures to combat it. It was submitted that the amount of data
transferred via the Internet meant that national strategies would most likely fail and
could create havens for cybercriminals. Consideration should be given to non-legal
solutions, which would include measures to foster self-regulation by the computer
industry and education of both business and private users. These measures were
considered likely to be more effective than criminal law solutions and presented less
risk to civil liberties. In addition, it was recognised that the problem created by the new
141 COM (2000) 890.
142 The report of the study
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