Max Planck Institute for Foreign and International Criminal Law

The new challenges faced by the information society are especially apparent in the context of offenses that are committed through the Internet and that knowingly take advantage of the Internet’s global structures. This is frequently the case, for instance, in the dissemination of child pornography and in global hacking attacks. Because of the transnational nature of the attacks, the security of information technology as well as the prevention and prosecution of computer and data network crime are of great importance not only for the individual and for the national community but for the international community as well. However, the new challenges can be met successfully only if the threats and risks they pose are recognized.

Hence, this project studies current threats and their effects within the framework of an explorative study. It builds on a similar study conducted by the Institute for the Council of Europe in 2004. That study, however, focused to some extent on offenses as defined by the Convention on Cybercrime. This project goes further with respect to both content and structure.

Two goals are pursued in this project. The first is to develop a comprehensive system under which computer and Internet-specific phenomena can be categorized. Until now, studies of computer and Internet crime have often been conducted from a legal standpoint, especially from the perspective of the affected legally protected interests. This approach does not, however, lead to the emergence of a comprehensive picture of the overall threat posed by such offenses. The second goal is to research the new risks posed by computer and Internet crime. In order to assess these risks, it is necessary to identify those offenses that profit the most from commission through or with the aid of the Internet. Findings obtained in this fashion are necessary, for example, in order for subsequent projects to examine whether the invasive reform measures that are seen all over the world and that are ostensibly designed to combat computer crime are in fact based on an actual increase in risk or whether they are based on other factors (for example, increased fear of crime). In addition, systematization and risk assessment provide the requisite empirical basis that would enable subsequent projects to answer the question as to the extent to which reform measures are necessary in the various offense areas.

According to the literature evaluated to date, there is no existing methodology upon which the first goal can draw; hence, a new and innovative approach must be developed based on the materials collected. In order to meet the second project goal, a comprehensive evaluation of reports from legal and technical journals, reports of specialized security providers, and of the general media is being conducted.

To achieve the first goal, several original approaches are currently being tested for feasibility. There are already initial results for the second goal. The offenses assessed to date show a divided picture. A large portion of offenses that are considered computer- and cybercrime correspond – at least in their basic structures – to traditional offenses in the so-called offline world. As a rule, however, these offenses are both easier to commit by means of information technology and more difficult to trace. The main reasons for this are the global nature of the Internet, the sometimes carefree attitude of users to technology, actions by offenders that are committed across national boundaries, as well as inadequate technical security procedures. A second category of offenses, likewise comparable to traditional crimes, develops a completely different quality, however, through the ease of distribution among many offenders or the larger groups of victims that can be reached via data networks. Only a small group of offenses can be characterized as "completely new phenomena" that have no or only partial counterparts in the offline world.