Computer Crime: Developments in the Netherlands

For years now, an argument has been raging over whether products which are the results of new technical developments, such as computer software and data, are adequately protected by legislation drawn up long before such products had become commonplace. The question has arisen whether various forms of undesirable behaviour committed by means of information technology could be prosecuted under existing legislation. It is contended in this paper that, with the possible exception of hacking without causing damage, behaviour popularly referred to as computer crime already falls within the ambit of the existing criminal law code in the Netherlands. Additional legislation, which has now been passed by the Lower House of the Dutch Parliament, is to a large extent irrelevant. It will be interesting to see whether needless complications will ensue when this legislation comes into force.