620068 :Cybercrime

Algemeen

Voertaal Engels
Werkvorm: Interactive Lecture (Collegerooster)
Tentamenvorm: Written Exam (70%)
assignments on national law (30%)
(Tentamenrooster)
Niveau:Master
Studielast:6 ECTS credits
Inschrijving:
Blackboard informatieLink to Blackboard (Als u de melding 'Guest are not allowed in this course' krijgt, dient u nog bij Blackboard in te loggen)

Docent(en)


prof. dr. E.J. Koops (Coördinator)


Doel van de cursus (alleen in het Engels beschikbaar)

After this course, the student is able to:

  1. explain what cybercrime is and what the major challenges of cybercrime are for legislators and for practitioners;
  2. find and explain cybercrime provisions in her own national legal system, and compare these to the Cybercrime Convention;
  3. recognize that there are national differences in cybercrime legislation and explain what are the consequences of this;
  4. interpret articles 2-21 and 32 of the Cybercrime Convention;
  5. apply substantive cybercrime provisions to a case describing a (potential) cybercriminal activity;
  6. apply procedural cybercrime provisions to a case describing a cyberinvestigation;
  7. evaluate how cybercrime can be governed, including a critical assessment of the role of the law in combating cybercrime and assessing how social norms, market forces and technology can play a role in cybercrime governance;
  8. argue how specific types of cybercrime can be combated;
  9. demonstrate having an interest in studying cybercrime at an academic level.

 

 

 


Inhoud van de cursus (alleen in het Engels beschikbaar)

This course offers an overview of cybercrime law and governance. The first part focuses on concepts, methods and prevalence. The second and major part discusses substantive and procedural criminal law. The third part discusses the governance of cybercrime. The Council of Europe's Cybercrime Convention will be a key point of reference to illustrate all issues. Substantive criminal issues discussed include hacking, malware, phishing, and (virtual) child pornography. Procedural issues include various investigation powers, such as computer and network searches, smartphone investigations, and wiretapping. This course is part of the Master Law and Technology. All students with basic knowledge of criminal law are welcome to participate. The course is taught in English. Students are expected to read assigned literature in advance and to actively participate in discussing the literature in class.


Bijzonderheden (alleen in het Engels beschikbaar)

The exam will consist of:

o some open questions on the literature (not about details or exact definitions, but about the general argument(s) and concepts of the literature)

o one or two questions applying provisions from the Cybercrime Convention (or appropriate national legislation) to a concrete case (the text of the provisions needed for answering the question will be included in the exam)

o one or two open questions asking your opinion – substantiated with arguments – about topical discussion points

o Note. Dictionaries are allowed during examination. The text of the Cybercrime Convention (Convention on Cybercrime) is also allowed during examination. Colour highlights and underlinings are allowed on these texts, but not written notes

2. Assignments (30% of grade)

o Read this carefully! You have to make 3 out of 4 assignments. Assignment 1 is compulsory for everyone, and you can then choose 2 from the remaining 3 assignments. Note that you can only submit 3 assignments in total, so you cannot submit a 4th assignment if you do not like the grades of the previous ones. There is no resit for the separate assignments; an insufficient grade has to be compensated by other assignments and/or the written exam.

 

o assignment 1 [compulsory] (for weeks 1 - 2), submission date 17 October 10:00h

o choose (exactly) 2 out of the following 3:

  • assignment 2 (for week 3), submission date 24 October 10:00h
  • assignment 3 (for week 4), submission date 7 November 10:00h
  • assignment 4 (for week 5), submission date 14 November 10:00h

Please note that answers to the exam and the assignments have to be written in English.

The resit will be oral, upon individual appointment with the lecturer, to be held in January 2016. Note that the resit is for the entire course; the assignments do not count for the resit.

Exchange students leaving before Christmas and not returning to Tilburg should contact the lecturer before early December to discuss alternative options for the resit.

 

The course will only be taught if at least 20 students have subscribed.


Verplichte literatuur

  1. David S. Wall, Cybercrime: The Transformation of Crime in the Information age, Polity Press, 2007 (paperback edition), ISBN 978-0745627366. Additional compulsory literature will be provided separately.


Aanbevolen literatuur

  1. B.J. Koops (red.), Strafrecht & ICT, 2e druk, Sdu, 2007, ISBN 978-90-12-12478-2. For Dutch students wishing to learn about Dutch cybercrime law
  2. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 2007, ISBN 978-0-19-929098-7. For those desiring more in-depth discussion of (primarily UK) cybercrime law
  3. Jonathan Clough, Principles of Cybercrime, Cambridge UP, 2010, ISBN 9780521728126. Very good book on cybercrime legislation, primarily in Anglo-Saxon countries
  4. Gregor Urbas, Cybercrime: Legislation, Cases and Commentary, Lexis Nexis, 2015, ISBN 9780409341683.


Gewenste voorkennis

Criminal procedural law


Vereiste voorkennis

Elementary criminal law


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(25-jul-2017)