Legal challenges of fighting (against) botnets: a law enforcement perspective

Karine E Silva

Research output: Chapter in Book/Report/Conference proceedingConference contributionScientificpeer-review

Abstract

Strengthening enforcement of cybercrime law is not a simple question of more legislation. Botnet investigations often intrude in the private sphere of third parties, possibly implicating access to large amounts of data related to innocent individuals and unrelated to the investigated offence. In addition, prior to entering the network, law enforcement may not be able to anticipate where data are located, posing a threat to the sovereignty of foreign States. The challenge to ensure the rule of law while enabling effective law enforcement revolves a difficult equalize between privacy, public security, and jurisdictional rules, explored in this paper by a comparative analysis of the United States and Dutch legal systems.
Keywords: Botnets, Criminal Law, Cybercrime.
Original languageEnglish
Title of host publicationFuture Security Conference 2015
Place of PublicationBerlin
Publication statusPublished - Sep 2015

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law enforcement
domestic security
criminal law
constitutional state
legal system
sovereignty
privacy
legislation
offense
threat
Law

Cite this

E Silva, K. (2015). Legal challenges of fighting (against) botnets: a law enforcement perspective. In Future Security Conference 2015 Berlin.
E Silva, Karine. / Legal challenges of fighting (against) botnets: a law enforcement perspective. Future Security Conference 2015. Berlin, 2015.
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abstract = "Strengthening enforcement of cybercrime law is not a simple question of more legislation. Botnet investigations often intrude in the private sphere of third parties, possibly implicating access to large amounts of data related to innocent individuals and unrelated to the investigated offence. In addition, prior to entering the network, law enforcement may not be able to anticipate where data are located, posing a threat to the sovereignty of foreign States. The challenge to ensure the rule of law while enabling effective law enforcement revolves a difficult equalize between privacy, public security, and jurisdictional rules, explored in this paper by a comparative analysis of the United States and Dutch legal systems.Keywords: Botnets, Criminal Law, Cybercrime.",
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E Silva, K 2015, Legal challenges of fighting (against) botnets: a law enforcement perspective. in Future Security Conference 2015. Berlin.

Legal challenges of fighting (against) botnets: a law enforcement perspective. / E Silva, Karine.

Future Security Conference 2015. Berlin, 2015.

Research output: Chapter in Book/Report/Conference proceedingConference contributionScientificpeer-review

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AB - Strengthening enforcement of cybercrime law is not a simple question of more legislation. Botnet investigations often intrude in the private sphere of third parties, possibly implicating access to large amounts of data related to innocent individuals and unrelated to the investigated offence. In addition, prior to entering the network, law enforcement may not be able to anticipate where data are located, posing a threat to the sovereignty of foreign States. The challenge to ensure the rule of law while enabling effective law enforcement revolves a difficult equalize between privacy, public security, and jurisdictional rules, explored in this paper by a comparative analysis of the United States and Dutch legal systems.Keywords: Botnets, Criminal Law, Cybercrime.

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E Silva K. Legal challenges of fighting (against) botnets: a law enforcement perspective. In Future Security Conference 2015. Berlin. 2015