Definition of Cybercrime and the Problem of Its Universal Recognition

by

Lika CHIMCHIURI[1]

CyJurII Scholar

10/09/2025

Abstract

Cybercrime is one of the fastest-growing problems in today’s digital world, but there is still no single definition that everyone agrees on. Different international organizations like the UN, Interpol, Europol, the Council of Europe, and the European Commission describe it in slightly different ways. Some focus on crimes that can only happen online, like hacking, while others also include crimes made easier by the internet, like fraud or child exploitation. This blog explains these differences, why it matters that we don’t have one global definition, and why a common understanding is needed to fight cybercrime more effectively.

Keywords: Cybercrime; Online Safety; International Cooperation; Digital Security

Discussion 

The explanation of the quite complex technical background of cybercrime must begin with definitions, which are inherently unclear and currently there is no universally accepted complete definition. Accordingly, various legal documents and organizations use their own somewhat different definitions. In this chapter, we will review the definitions developed by the United Nations Office on Drugs and Crime (UNODC), Interpol, Europol, the Council of Europe, and the European Commission.

1. The United Nations Office on Drugs and Crime (UNODC) offers the following definition of cybercrime: “Cybercrime is an illegal act committed through computer devices and the internet. For example, a crime committed against the confidentiality, integrity, and availability of computer data and systems.”[2]

UNODC divides cybercrimes into three categories: cyber-dependent crimes, cyber-enabled crimes, and online sexual exploitation of children.[3]

Cyber-dependent crime: These crimes are committed exclusively through the use of technology. They require IT systems. This category includes hacking, the spreading of malicious viruses, or overloading websites to disable them (DDoS attacks). In these cases, computers are used for direct attacks on other systems.[4]

Cyber-enabled crime: This type of crime can be committed without the use of technology, but using technology makes the act easier or more widespread. Examples include online fraud, illegal purchases such as drugs, or money laundering through digital platforms.[5]

Sexual exploitation and abuse of children: This crime includes online abuse, such as sharing offensive images on websites or on the so-called dark web, and blackmail using one’s own intimate images, which is known as “sextortion.”[6]

We will also touch upon the United Nations Convention on Cybercrime, which provides definitions for the following categories of cybercrime:

Unauthorized access -  intentional, full or partial, unauthorized access to an information and communication technology system;[7]

Unauthorized interception - intentional and unauthorized interception (listening to or obtaining) of information transmitted or transferred in electronic systems (for example, via the internet, email, telephone, etc.) by using special technical means, or receiving signals emitted by such systems that contain information;[8]

Interference with electronic data – an intentional and unauthorized act involving the damaging, deletion, deterioration, alteration, or suppression of electronic data;[9]

Interference with the functioning of an information and communication technology system – an intentional and unauthorized act that causes serious disruption to the functioning of an information and communication technology system by means of inputting, transmitting, damaging, deleting, deteriorating, altering, or suppressing electronic data;[10]

[⚠️ Suspicious Content] Misuse of devices – a deliberate and unlawful act which includes:

(a) the acquisition of access to, production, sale, procurement for use, import, distribution, or making otherwise available any device, including a program, such as:

(a.a) a device, including a program, that is specifically designed or adapted for the purpose of committing any offense; or

(a.b) access to a password, access code, electronic signature, or similar data through which all or part of an information and communication technology system can be accessed;[11]

False data related to an information and communication technology system – an intentional and unlawful act involving the input, alteration, deletion, or suppression of electronic data, resulting in inauthentic data being produced with the intent that such data be used for legal purposes as if it were authentic, regardless of whether the data is directly readable and understandable;[12]

Theft or fraud related to an information and communication technology system – an intentional and unauthorized act that causes property damage to another person:

(a) Input, alteration, deletion, or concealment of electronic data;

(b) Interference with the functioning of an information and communication technology system;

(c) Falsification of factual circumstances through the use of an information and communication technology system.

— An act committed intentionally and deceitfully, aimed at unlawfully obtaining material benefit for oneself or another person, or acquiring other property-related advantage[13];

Incitement or preparation with the intent to commit a sexual offense against a child – the following acts committed intentionally and unlawfully: 

(a) The production, offering, sale, distribution, transmission, broadcasting, exhibition, publication, or making available by any other means through an information and communication technology system of material depicting child sexual abuse or sexual exploitation;

(b) The solicitation, acquisition, or receipt of material depicting child sexual abuse or sexual exploitation through an information and communication technology system;

(c) Possession or control of material depicting child sexual abuse or sexual exploitation, stored in an information and communication technology system or other storage medium;

(d) Financing of the offenses specified in subparagraphs (a)-(c) above[14];

Unauthorized distribution of intimate images – an intentional and unlawful act involving the sale, dissemination, transmission, publication, or otherwise making available of a personal image through an information and communication technology system, without the consent of the person depicted in the image[15].

2. As for INTERPOL, its provided definition of cybercrime reflects the influence of the Budapest Convention, which, as previously mentioned, was adopted by the Council of Europe. According to the Convention, cybercrime includes the following acts:

• "Offenses against the confidentiality, integrity, and availability of computer data and systems, such as hacking, unauthorized access, and data manipulation;

• Computer-related fraud, such as identity theft or phishing;

• Child exploitation, including the production, possession, or distribution of child pornography;

• Cyber-dependent crimes, such as attacks on infrastructure or cyberterrorism."[16]

3. Europol defines cybercrime as “criminal activities that involve”:

• Launching botnets—that is, networks of devices infected with malicious software without the users’ awareness, for the purpose of spreading viruses that enable unlawful remote control of the devices, steal passwords, and disable antivirus protection;

• The creation of so-called “back doors” on compromised devices to facilitate the theft of money and personal data;

• Creating online forums for the trade of hacking expertise[17];

• Inventing of Bulletproof hosting[18] and Counter-anti-virus services [19];

• Money laundering of traditional and virtual currencies;

• Online fraud through payment systems, carding, and social engineering;

• Different forms of online sexual exploitation of children, including the online distribution or live streaming of material depicting child sexual abuse;

• Online operations hosting the sale of weapons, forged passports, counterfeit and cloned credit cards, drugs, or hacking services.”[20]

4. The European Commission offers the following definition of cybercrime: “Cybercrime consists of criminal acts committed through the use of online electronic communication networks and information systems. Cybercrime knows no borders and can be divided into three categories:

• Firstly, internet-specific crimes, such as attacks on information systems or phishing (e.g., fake banking websites designed to steal victims’ passwords, thereby granting cybercriminals access to their bank accounts);

• Secondly, online fraud and forgery: large-scale fraud can be carried out through online tools such as identity theft, phishing, spam, and so-called malicious code;

• Third, illegal online content, including material depicting sexual abuse of children, the incitement of racial hatred through digital platforms, and the promotion of terrorist acts, that is, the glorification of violence, terrorism, racism, and xenophobia.[21]

Cybercrime is an emerging form of transnational crime. Its complex nature, which knows no borders, is further compounded by the increasing involvement of organized criminal groups, underscoring once again the urgent need for a swift, dynamic, and international response.

Conclusion

Cybercrime has no borders, and the lack of a shared definition makes it harder for countries to work together. While organizations agree on some main areas such as hacking, fraud, and online exploitation, there are still differences in how they define and categorize these crimes. This creates problems for laws, enforcement, and cooperation between countries. To better protect people and societies, the world needs a clear and universal definition of cybercrime. A shared approach will make it easier to stop cybercriminals and create stronger international security in the digital age.

[1] Young researcher, LL.B, LL.M, Assistant to the Rector of Sokhumi State University. Young researcher, United Nations Representative & Delegate for CIRID – ECOSOC NGO Accredited to: UNOG (Geneva), UNOV (Vienna) and UNHQ (New York).

[2] "Cybercrime." Model United Nations Resource Guide. United Nations Office on Drugs and Crime, www.unodc.org/e4j/en/mun/crime-prevention/cybercrime.html?utm. Accessed Date 5 February 2025

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] "Cybercrime." Model United Nations Resource Guide. United Nations Office on Drugs and Crime, www.unodc.org/e4j/en/mun/crime-prevention/cybercrime.html?utm. Accessed Date 5 February 2025

[7] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 7, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 Mar. 2025

[8] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 8, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[9] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 9, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[10] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 10, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[11] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 11, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[12] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 12, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[13] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 13, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[14] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 15, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[15] United Nations Convention Against Cybercrime: Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes.” General Assembly Resolution 79/243, 31 Dec. 2024, Article 16, https://documents.un.org/doc/undoc/gen/n24/426/74/pdf/n2442674.pdf. Accessed Date 3 March 2025

[16] INTERPOL. "Cybercrime." INTERPOL, 2025, https://www.interpol.int/en/Crimes/Cybercrime, Accessed Date  5 February 2025

[17] This refers to the creation of online platforms or communities, such as forums, websites, or chat groups, where people share and teach each other hacking techniques, tools, and methods. These spaces are intended for hackers or individuals interested in learning hacking skills.

[18] This refers to hosting services that allow clients to engage in illegal or harmful activities.

[19] These tools or services are designed to pre-test newly created malware or viruses, allowing cybercriminals to evade detection by antivirus software. In other words, they are used to create "invisible" viruses that cannot be detected by antivirus programs.

[20] "Cybercrime." Europol: European Union Agency for Law Enforcement Cooperation, https://www.europol.europa.eu/crime-areas/cybercrime, Accessed Date  5 February 2025

[21] "Cybercrime." Migration and Home Affairs, European Commission, 31 Oct. 2024, https://home-affairs.ec.europa.eu/policies/internal-security/cybercrime_en, Accessed Date  5 February 2025