ABSTRACT

This chapter demonstrates that computer-based, transnational organized crime is characterized by two governing strategies: increasing fragmentation and specialization of the criminal activity; and territorial dispersal of the elements of crime. It shows how each of these governing strategies develop over time, changing the modus operandi, and adapting different criminal activities to different circumstances. It also becomes clear how these governing strategies can interact with each other: the increasing fragmentation of the criminal activity further facilitating the territorial dispersal of the elements of the crime. The chapter illustrates how these governing strategies exacerbate the relationship between the technological challenges of the internet and legal challenges, specifically in terms of the problem of different kinds of space. The ambit of criminal law is fundamentally predicated on the notion of territoriality which is a legal concept of space consonant with geopolitical space. The Criminal Code does not specifically address child pornography. The Child Protection Act lacks criminal offences on child pornography.