Investigating cybercrime

This study examines the following investigative methods that are commonly used in cybercrime investigations: (1) the gathering of publicly available online information, (2) the issuing of data production orders to online service providers, (3) the use of online undercover investigative methods, and (4) performing hacking as an investigative method. For many of these investigative methods, the legal basis in Dutch law is ambiguous. However, a clear legal basis for investigative methods that indicates the scope of investigative methods and the manner in which they are applied must be available. It helps prevent arbitrary application of power by governmental authorities and is therefore essential for protecting the rule of law. The author examines how a foreseeable legal framework for the identified investigative methods can be created that meets the requirements that are derived from the right to privacy in art. 8 ECHR. The borderless nature of the Internet is also taken into account. The question is addressed to which extent digital investigative methods can be applied unilaterally across State borders. The analysis results in a list of recommendations to improve the regulations for digital investigative methods on both the domestic level and the international level.