New Technologies in International Law / Tymofeyeva, Crhák et al.

the advantages and disadvantages of the approach and recommend a course of action. As an undoubted advantage of the proposed approach, it should be pointed out that the enumeration of cybercrimes undoubtedly facilitates the implementation of such provisions in domestic law. In fact, it is difficult to imagine a simpler approach. However, while one should agree with the statement that international law should strive for an appropriate level of generality so that diverse legal systems can comply with it, this rule cannot be applied blindly. As indicated in the above argumentation, a mechanism that is too simple will necessarily fail to cover the key nuances of the regulated facts. Related to the above advantage is a more specific issue and that is the creation of a scheme, virtually ready for implementation by countries around the world. Nothing in these provisions is revolutionary (we are, of course, referring only to the provisions on the definition of crimes), but the way they are drafted creates a relatively coherent system that, with appropriate modifications, can be translated into national law. In this respect, a similar success of DC as BC can be expected, as can be seen from an analysis of the implementation reports 690 , the assumptions of BC, at least formally, have been implemented into national law. One of the primary challenges with this approach is its tendency to quickly become outdated in the face of rapidly evolving cyber threats. The digital landscape is constantly changing, with new forms of cyber-attacks emerging at a pace that often outstrips the ability of legislative processes to keep up. Consequently, laws based on the enumeration of specific types of cybercrime can become obsolete almost as soon as they are enacted. Obsolescence is not only a theoretical concern, but it also has practical implications for law enforcement and cybersecurity efforts. New threats that do not fit neatly into predefined categories risk falling into legal grey areas, making it difficult for authorities to prosecute these cases effectively. Additionally, the enumerative approach may inadvertently stifle the law’s ability to adapt to future technological advances. Laws that focus on specific methods and types of cyber-attacks prevalent at the time of enactment may lack the necessary flexibility to address future technologies and methods. This rigidity can hinder the development of legal frameworks that are responsive to the dynamic nature of technology and cybercrime. Cybercrime laws can become reactionary, constantly playing catch-up with cybercriminals instead of proactively anticipating and mitigating emerging threats. While the enumerative definition of cybercrime provides clarity and specificity, it also presents challenges such as the risk of rapid obsolescence, the creation of legal gaps, and the stifling of legal adaptability to technological advances. To address these issues, it is necessary to re-evaluate the approach and consider more dynamic and flexible legal frameworks that can adapt to the constantly evolving cyber landscape. This adaptation is essential to ensure that legal responses remain effective and relevant in the face of the ever-changing nature of cyber threats.

690 Council of Europe, ‘Assessing the implementation of the Budapest Convention’ accessed 16 December 2023.

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