Fundamental Rights Conflicts in the Context of Prosecuting Internet Crime

Abstract

The conflicts between fundamental rights are increasing in the digital environment and demands for less or more intervention by authorities are placed on courts, officials and legislatures. Legal traditions differ. Yet, the United States’ constitutional tradition has great impact on activity and ideology, if not law, on the internet. Depending on personal conviction, online acts are viewed as criticism of the regime, mere civil disobedience or criminal activity. These convictions fuel fundamental rights discourses in judicial processes. This chapter aims at revealing general principles underlying the practical resolution of fundamental rights conflicts. It discusses policing online activity in preventing criminal activity. It covers some measures against the spread of child abuse material (CAM) and securing fundamental rights in public administration. It also discusses enforcement against illegal sharing of copyrighted works and the consequences of shifting from public to private enforcement against criminal acts.

Keywords: Internet Crime, Cyber Crime, CAM, Fundamental Rights, European Convention on Human Rights, Fundamental Rights, Comparative Constitutional Law, Internet Enforcement, Copyright