Procedural dilemmas of cybercrimes involving illegal content dissemination in cross-border situations

Abstract

Aim: The main purpose of this study is to provide a comprehensive overview of the procedural dimensions of the investigation of cybercrimes having an international element. In this context, it highlights the difficulties that can slow down and, in extreme cases, even prevent effective enforcement in two major areas: jurisdiction and mutual legal assistance.
Methodology: As the study primarily focuses on legislative approaches, it brings together and comparatively analyses the main EU and international legal sources that regulate cooperation between countries in the field of cybercrime.
Findings: Especially in the area of mutual legal assistance, the European Union is actively legislating, and the principle of indirectness, i.e., the possibility for the competent authorities to directly contact intermediary service providers established in another Member State, is increasingly gaining prominence. On one hand, this can speed up procedures, but on the other hand, it entails the risk that the numerous instruments overlap, weakening the effectiveness of enforcement.
Value: As some of the legislative procedures are still underway, further research is needed to see how Member States will be able to apply the new instruments in practice.