International Criminal Law
78
communication entitled ‘Network and Information Security: Proposal for A
European Policy Approach’,
147
which developed some of the matters addressed in
the Cybercrime Communication. In addition to emphasising the importance of
international co-operation and the need to increase public awareness, this
Communication provided an overview of threats posed to security. The focus of the
latter Communication was on preventative measures and technical support. While
examining the range of options open to the EU, the Commission has warned that
the solutions chosen should not hinder the development of the Internal Market nor
undermine the protection of fundamental rights. Thus any measures taken to prevent
and combat misuse of the new technologies must comply with the EU Charter on
Fundamental Rights, Art 6 of the TEU and the jurisprudence of the ECJ.
Responding to these initiatives, the European Parliament recommended that the
Council and Commission establish a coherent strategy aimed at maintaining
international communication networks as a global, free market place in order to
allow everyone to pursue lawful activities and to prevent criminal activities which
interfere with civil liberties and the public interest. It also recommended that the
Commission draw up common definitions and proposals to resolve conflicts of
jurisdiction between Member States in order to make it easier to prosecute and punish
those responsible for cybercrime offences.
148
It was further recommended that the
Commission propose legislative and non-legislative initiatives to enable a general
framework to be established for a policy on computer-related crime. In order to
encourage self-regulation, the Council and the Commission were encouraged to
obtain the co-operation of those working in the field of information technology and
urged to ensure that legislation did not place excessive burdens on the industry.
Research into preventative techniques, such as encryption, should be encouraged
and security should be developed and implemented by the industry. The scope for
user self-protection should be increased and preventative technology measures
implemented by the consumer.
The recommendation proposed that the Council clearly define the role of Europol
and Eurojust in respect of cybercrime to avoid duplication of internal databases and
to increase co-ordination of activities, and to ensure that these bodies remained subject
to democratic control and comply with the
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