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Cybersecurity vs Cybercrime: Procedural Obstacles in the Prosecution of Organized Cybercrime. Proposals for a More Effective Repression of Cybercrime

Publicated to:Ciencia policial: revista del Instituto de Estudios de Policía. (182): 15 - 69 - 2024-01-01 (182), DOI:

Authors: García Torres, María Luisa

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Abstract

Cybersecurity and cybercrime are two sides of the same coin. While cybersecurity refers to measures designed to protect computer systems, networks, and data against cyber attacks, cybercrime is criminal activity carried out using computers, networks, and information technologies. Cybercriminals are becoming increasingly powerful and they are better organized: they take advantage of the digital transformation of the world and society, the increase in online transactions, the anonymity of browsing, the multiplier effect of their actions on the network, the lack of awareness among citizens of the minimum cybersecurity measures they should adopt in their daily lives, and the proliferation of data produced in the world every day to commit crimes. Additionally, prosecuting cybercrime presents numerous procedural obstacles: the extraterritorial nature of crimes, scarcity of human and material resources, technological unfamiliarity among judges, difficulty in obtaining evidence, and the volatility of evidence. Despite the legislative efforts of the European Union to ensure access to electronic evidence and facilitate the investigation of these crimes, results in the repression of cybercrime have been scarce so far. International cooperation in criminal matters becomes crucial in this fight.

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