After this course, the student is able to:
- explain what cybercrime is and what the major challenges of cybercrime are for legislators and for practitioners;
- find and explain cybercrime provisions in her own national legal system, and compare these to the Cybercrime Convention;
- identify differences in national cybercrime laws and explain what are the main consequences of this;
- interpret articles 2-21 and 32 of the Cybercrime Convention;
- apply substantive cybercrime provisions to a case describing a (potential) cybercriminal activity;
- apply procedural cybercrime provisions to a case describing a cyber-investigation;
- 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;
- argue how specific types of cybercrime can be combated.
Specifics
The types of questions for the exam (70% of grade) depend on the exact format of an online exam, which is to be determined. They are likely to include:
1. questions on the mandatory literature
2. questions applying provisions from the Cybercrime Convention to a concrete case (the text of the provisions needed for answering the question will be included in the exam)
3. open questions asking your opinion – substantiated with arguments – about topical discussion points
Assignments (30% of grade)
Read this carefully! You have to submit four assignments.
- The first three assignments (each 300-500 words, excluding notes and bibliography) will be subject to peer review. So, besides writing your own assignment, you also have to peer-review the first three assignments of three fellow-students. The first three assignments will not be graded, but are mandatory to submit (pass/fail).
- The fourth assignment (800-1000 words, excluding notes and bibliography) will be graded and count for 30% of your final grade.
- Note 1: The fourth assignment will be assessed only if the first three assignments have been submitted. If one of the first assignments is missing, the fourth assignment will receive a 1 (out of 10) as default.
- Note 2: there is no resit for this assignment; an insufficient grade has to be compensated by the exam.
Please note that answers to the exam and the assignments have to be given in English.
The resit will be either a written or an oral exam (possibly in digital form), depending on the number of students. Note that the resit is for the entire course; the assignments do not count for the resit.
Required Prerequisites
Elementary criminal law
Recommended Prerequisites
Criminal procedural law |
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Please note, this course is only available to students of the Master Law & Technology Program.
To register for this program, you must comply with the admission requirements, including a matching interview
(see: https://www.tilburguniversity.edu/education/masters-programmes/law-and-technology/application)
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.
Type of instructions
Interactive Lectures and Tutorials
Type of exams
Written Exam (70%), assignments on national law (30%) |
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