New Payment Tech Has EU Set to Update Fraud Laws

Posted May 12, 2015

European Commission in Process of Introducing Statutes to Fight Newer Types of Cybercrime and Financial Instrument Counterfeiting

Two-thousand-one EU legislation only prohibits fraud and counterfeiting non-cash payment instruments such as credit cards and checks — leaving a hole big enough for any decent criminal lawyer to drive a Peterbilt 389 through. That, of course, is presuming a decent criminal lawyer would be driving a Peterbilt 389.

In any event, with new types of fraud becoming a major problem, the European Commission (EC), the executive body of the European Union responsible for proposing legislation, implementing decisions, and managing the day-to-day EU business, has begun bringing forward proposals to update anti-fraud laws by 2016.

An article on out-law.com discusses possible measures the EC could introduce. The following has been excerpted from the out-law.com story and edited to fit our format. You may find the original article by clicking on this link.

EC security strategy: government and business work together

[The Commission] published a new strategy on security …including plans to tackle cybercrime. In its communication, the Commission said it is “of critical importance” that public authorities and businesses work together to “fight online crime”.

“The response to cybercrime (e.g. phishing) must involve the entire chain: from Europol’s European Cybercrime Centre, Computer Emergency Response teams in the member states concerned by the attack, to internet service providers that can warn end-users and provide technical protection. In short, cybercrime demands a new approach to law enforcement in the digital age.”

PNR: a priority to fight fraud, terrorism and other serious crimes

Finalising planned reforms to the EU’s data protection laws, completing work on the planned Network and Information Security Directive, and establishing new laws on PNR (passenger name records) should be a priority for EU law makers under the new strategy.

“Analysis of PNR information provided at the time of booking and check-in helps to identify high risk travellers previously unknown to law enforcement authorities. PNR data has proven necessary to identify high risk travellers in the context of combatting terrorism, drugs trafficking, trafficking in human beings, child sexual exploitation and other serious crimes. Once adopted, the PNR Directive will ensure better cooperation between national systems and reduce security gaps between member states.”

New evidence can and will be used

The Commission said that issues relating to the admissibility of evidence of criminal activity gathered online need to be addressed also.

“Eurojust should continue to facilitate the exchange of best practice and identify the challenges regarding the collection and use of e-evidence in investigations and prosecutions of internet-facilitated crimes, with the necessary safeguards,” it said. “The Commission will work to ensure that relevant modern means of communication (such as voice-over internet protocol) can be covered by judicial investigation, prosecution and mutual legal assistance. Different standards on the admissibility of evidence must not constitute an impediment to the fight against terrorism and organised crime.”

ThreatMetrix

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