Two Models of Cybercrime Governance:Law-based Governance and Technology-based Governance
Cybercrime has become a prominent form and type of crime at present.The governance of cybercrime requires a deep integration of legal regulations and scientific technology,relying not only on legal rules but also on algorithms,code,and other information network technologies.This enables effective collaboration between"law-based governance"and"technology-based governance".In law-based governance on cybercrime,there may be conflicts between the effectiveness of crime control and the coherence of the rule system,including both internal and external coherence issues.Science and technology can impact a nation's ability to govern cybercrime from both positive and negative perspectives.Law-based governance primarily regulates cybercrime through post-facto punishment with enforcement typically carried out by specialized state and judicial agencies.The measures used in this approach are statutory and closed.On the other hand,technology-based governance mainly aims to control cybercrime through preventive measures,with commercial entities such as network service providers often taking the lead.These measures are diverse and open.The emergence and rise of technology-based governance are not meant to entirely replace rule-based governance and they can develop in synergy.Law-based governance of cybercrime cannot be separated from the relevant technologies,which can assist the effective implementation of rule-based governance.Many technology-based governance measures have already been elevated to statutory measures or obligations within emerging fields of cybercrime governance law.
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