International Journal on Criminology Volume 7, Number 1, Winter 2019/2020 | Page 25

International Journal on Criminology
in order to more effectively combat attacks against the European Union’s financial
interests. But Regulation no. 2017/1939 of October 12, 2017 and the “PFI” Directive
(no. 2017/1371 of July 5) far from resolve all difficulties. The evolution of the
European Public Prosecutor’s Office will be watched not only by member states
that are not yet part of the enhanced cooperation regime but also by international
observers, since it is a very innovative mechanism for fighting the massive levels
of fraud that deprive states of billions of euros in tax revenue each year. In the
medium term, one cannot rule out an extension of competence to other forms of
crime linked to the digital world. But the institution’s success or failure will largely
depend on the content of the transposition texts of the directive, which must be
adopted before July 6, 2019.
Public/Private Cooperation
To the extent that cyberattacks cannot be proved without turning to the private
sector, which often holds key evidentiary elements, the fight against this scourge
entails strengthening interactions with both internet giants and operators. For example,
an agreement on sharing information on cyberthreats has recently been
concluded between Orange and Europol. It entails an exchange of information on
network statuses and threats, as well as on cybercrime trends. The French operator
has agreed to supply Europol with indicators of fraud, spam, and cyberattacks on
mobiles and banking services that it may see on its networks. Through this activity,
Orange, which has a presence as a telecommunications operator in seven European
countries, hopes to offer its customers and users across the world a “safer
internet.” Their combined efforts aim to create a safer cyberspace for all actors in
the European Union: citizens, governments, and businesses.
One could mention the recent extraordinary “black hand” operation, which
was led by customs agents and dismantled one of the largest active illegal platforms
in France on the “dark web.”
In provisional conclusion, areas for improvement in the fight against cyberthreats
require a speeding up of the processes of drafting legal standards in the face
of rapidly evolving digital capabilities. Avenues for action must focus, on the one
hand, on procedures for access to electronic evidence, which should be standardized
as part of a goal of achieving legal certainty, and, on the other hand, on digital
identity in order to ascertain the perpetrators of these harmful actions.
CYBERCRIME – CYBERTHREATS – LAW
Cybercrime 16 is, by its very nature, an organized and international form of crime
that does away with borders by means of digital networks. Cyberspace offers a
16 Myriam Quéméner and Yves Charpenel, Cybercriminalité. Droit pénal appliqué (Paris: Economica,
“Pratique du droit” series, 2010), 7.
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