Gottschalk, Petter --- "Policing and prosecution of cybercrime" [2019] ELECD 2998; in Mitsilegas, Valsamis; Hufnagel, Saskia; Moiseienko, Anton (eds), "Research Handbook on Transnational Crime" (Edward Elgar Publishing, 2019) 344

Book Title: Research Handbook on Transnational Crime

Editor(s): Mitsilegas, Valsamis; Hufnagel, Saskia; Moiseienko, Anton

Publisher: Edward Elgar Publishing

Section: Chapter 25

Section Title: Policing and prosecution of cybercrime

Author(s): Gottschalk, Petter

Number of pages: 12

Abstract/Description:

Policing cybercrime faces the challenge of determining the authenticity of messages by using judgment, intuition and deductive reasoning. A cybercrime investigation can be seen as composed of a number of discrete yet linked inquiry actions, including active undercover participation, which are directed towards the production of information about how and why crime occurred. Police investigators are concerned with the gathering of evidence leading to the arrest of offenders, as well as the collection and presentation of evidence and testimony for the purpose of obtaining a conviction. Prosecuting cybercrime involves several special considerations: jurisdiction, venue, statute of limitations, and juveniles. In terms of jurisdiction, several courts in the United States have indicated a willingness to assume that a crime took place in or affecting interstate business as long as there is evidence that the defendant used the Internet in connection with the offence.