[THESIS DEFENSE] Anais Trotry - "From the Fight against Cybercrime to International Data Access: A Question of Balance"

Abstract :

In the digital age, information and communication technologies have profoundly redefined the contours of crime as well as the ways in which the justice system responds to it. Crime no longer respects boundaries, which are becoming increasingly porous in light of evolving criminal practices. The distinction between ‘traditional’ crime and cybercrime, while still conceptually relevant, is gradually fading in favour of a transnational and data-driven approach.

In this context of profound transformation, international cooperation emerges not only as a necessity but also as a process in continuous redefinition, now involving private actors and raising new legal challenges. Data, at the heart of the fight against cybercrime and all forms of crime, is proving to be both the key to operational effectiveness and the focal point of tensions between security imperatives, the protection of fundamental rights, the assertion of state sovereignty and the growing influence of the private sector.

It is therefore no longer merely a matter of strengthening or refining existing legal mechanisms rooted in a strictly inter-state logic, but of thoroughly rethinking the inherently fragile and complex balance between conflicting interests through constant risk assessment. In an increasingly interconnected world, the true and lasting effectiveness of the fight against cybercrime — and crime more broadly — hinges on preserving this fragile balance between protection and freedom.

Technology opens up new opportunities but also gives rise to new risks and responsibilities. At a time when digital technology blurs boundaries and complicates regulatory frameworks, this thesis sets out to demonstrate that the law is compelled to adapt, to develop new models of cooperation and regulation, and to ensure that the effectiveness pursued is never achieved at the expense of fundamental freedoms.