Cyber‐Organised Crime — The Impact of Information Technology on Organised Crime

Some have argued that organised crime is a problem of the last quarter of the 20th century and in the case of most states is a new phenomenon. Of course, so much depends upon what is meant by organised crime. Groups of individuals formed and managed to perpetrate acts against the law are nothing new. Nor is it novel that the primary motivation of such enterprises is economic gain — spurred on by ‘plain old‐fashioned’ greed and corruption. Banditry, smuggling, racketeering and piracy were just as much a problem for the praetors and the vigils of ancient Rome as they are today for the Italian authorities. What has changed is the criminals' ability to operate beyond the reach of the domestic legal system and, therefore, be able to conduct an enterprise in crime that is not so amenable to the traditional criminal justice system and its agents. Of course, in truth, thinking criminals have always sought to place themselves beyond the reach of the law and it was not just a matter of having a faster horse. Corruption of officials and the patronage of powerful individuals whose interests, for whatever reason, might be at variance with those of the state are tried and tested tools. It has always been recognised that even if as a matter of theory jurisdiction was unfettered, the practicalities are such as to render enforcement parochial. Thus, when Henry II of England was asked towards the end of the 12th century how far his writ ran, he responded ‘as far as my arrows reach’. While developments in ballistic technology might render this a relatively useful approach to dealing with the international criminal, in the vast majority of cases the criminal law in its application, or at least administration, will be confined within domestic borders. Developments in technology, communication, travel and the liberalisation of movement, whether of persons, things or wealth, have all combined to give the criminal enterprise of today the same ability as any other business to move from one jurisdiction to another, or involve in a single act two or more different jurisdictions.