| Abstract [eng] |
Currently computer technologies and the Internet are an integral part of each of our lives. However, both the computer and the Internet can be used not only for entertainment and everyday real life functions, but also for criminal offenses. In order to combat international cyber-crimes, Budapest Convention on Cybercrime was signed in 2001. In order to reflect the current situation, the extent of cybercrimes, the first section of this master work discloses the concept of an ‘e-crime’ and the variety of electronic crimes contained in articles 2-10 of the Convention on Cybercrime. The end section includes cyber-crime statistics of the recent year, which clearly shows the scale of the criminal offences. The second section of the work reviews the existing legal measures against cyber-crimes internationally. After analysing existing laws and regulations in the United Kingdom, the United Arab Emirates and the United States of America and their changes after the adoption of the Convention, the efficiency of The Council of Europe’s Cyber Crime Treaty is evaluated. The countries chosen for the evaluation have been selected because of the different period of entering the treaty and one country which is neither a party, nor ratified this international treaty on cyber-crime is chosen to show the obvious differences. Further in this work the most prominent legal means of the regional European Union are named and also means created by international organizations such as ESBO, ESAN, INTERPOL or G-8. The further section contains all jurisdiction theories that exist in the legal system and the problem of jurisdiction while investigating international legal crimes. Official case law in different countries is presented. The necesity of international cooperation is underlined while analyzing the convention’s legal instruments on jurisdiction. In addition negative and positive colisions of jurisdiction are extracted and also the uncertainty of jurisdiction in cloud computing is named. The final section examines Stein Schjølberg’s named idea of the international court and tribunal of combating cyber-crimes. The cyber-attacks that took place in Estonia in 2007 are broadly analyzed, the different scientific approach to such attacks is named. The work also assesses whether the cyber-attack can be compared to a military force. |
