Online impersonation : a new offence or a facilitator for old crimes?

Abstract

This dissertation presents what online impersonation is, what it is used for, what it affects, and the ends achieved by the commission thereof. It also looks at the imposed and perceived risk and whether it is causing challenges to current law enforcement. After introducing the topic, a comparative analysis in the form of a legal framework of reference can be found. Reference is also made to international legislation including European and other supranational work, European Union Member States law, as well as the United States. This dissertation also includes an analysis of current Maltese legislation that could be used to prosecute online impersonation cases and the effectiveness thereof.To summarise the fundamental concepts arising from this dissertation, these are the approaches adopted by the following States: 1. Italy: Identity-related crimes are prosecuted under general provisions; 2. France: Online identity theft is specifically criminalised; 3. United Kingdom: The provisions of the Fraud Act (2006) are extended to online cases; 4. United States: Whereas identity theft has been criminalised at Federal level, specific laws were passed at State level to regulate online cases; and 5. Malta: Online impersonators are prosecuted on the results arising out of their actions rather than for their misuse of identity information online. Taking into consideration the aforementioned in determining whether online impersonation is a new offence or a facilitator for old crimes, it was concluded that online impersonation can be deemed to be a facilitator for old crimes as it has contributed to an increase in crimes being reported to the Cyber Crime Unit by facilitating the commission of old crimes.