The Rise Of Cybercrime: Challenges For Criminal Law In The Digital Age

Abstract

Cybercrime has evolved from fringe misconduct to a pervasive, economically consequential, and geopolitically sensitive threat. Offenses now range from phishing and ransomware to industrial espionage, cryptojacking, and AI-powered fraud—blurring the line between traditional and technology-enabled crimes. This paper surveys the principal challenges that cybercrime poses to criminal law and criminal procedure, focusing on jurisdiction, attribution, digital evidence, encryption, privacy, corporate responsibility, and international cooperation. It highlights doctrinal gaps—such as outdated offense definitions and insufficient liability frameworks for platform intermediaries—as well as procedural obstacles like cross-border data access and chain-of-custody management for volatile evidence. The analysis also assesses the interplay of rights and security, including risks of overbroad surveillance and the need for proportionate investigative powers. Finally, the paper proposes policy and legal reforms: technology-neutral drafting, clearer extraterritoriality rules, safeguards for cross-border data requests, calibrated encryption approaches, victim-centric remedies, and better resourcing for cyber units. The conclusion emphasizes a balanced, multi-stakeholder strategy: modernized substantive law and procedure, stronger international instruments, and operational collaboration among law enforcement, industry, and civil society.