The Law Enforcement in Cyberspace Criminal: Focusing on the Experience between Taiwan and the United States

摘要

This article is discussing the Cyberspace Crime from the point of view to law enforcement. From the observation of this article, it indicates that the trans-bordering and hard-to-trace are two prominent characteristics in the field of Cyberspace Crime investigation. These two characteristics not only trigger the balance between assertion of jurisdiction and practicability of investigation but also raise the concern of privacy issue in finding the identity of suspect. This article would like to conclude that, under the current technology and legal status quo, the degree for law enforcement within Cyberspace should not be substantially differentiated than that in the physical world. In order to achieve this purpose, to set up gateways within the territory and refuse to acknowledge the connection between the identity privacy and the fundamental human rights for freedom of speech within Cyberspace are worth serious thinking to the nations in the world.