Criminal justice systems’ reactions to cyber security threats show how the solutions of problems can become problems on their own. “Fight” against such threats can destroy the open and relatively free nature of the Internet. The central thesis of the paper is that the criminal law solutions across Europe and the USA have raised substantial public policy and human rights concerns. The thesis is elaborated by presenting the relevant parts of the data retention regulation, the substantive criminal law and criminal procedure challenges.
B.03 Paper at an international scientific conference
COBISS.SI-ID: 1294414Some legal reactions to IT threats combined with the cultural effects of IT (like wide-spread adoption of surveillance technologies for monitoring our daily routines) form a part of the microcosms of a larger cultural trend and shift in criminal justice policy. We are witnessing a shift towards an increased criminalization of our lives. The paper shows the extending criminalization of the preparatory phases of potential cybercrimes that directly jeopardize the fundamental principles of modern criminal law.
B.03 Paper at an international scientific conference
COBISS.SI-ID: 1262670