Legal Aspects of Malicious Cryptomining in the EU

Abstract

This chapter examines various important legal issues related to malicious mining of cryptocurrencies from the scope of the European Union (“EU”) law. First, it explores the various methods of malicious cryptomining and then it focuses on the threats posed by this new phenomenon. It refers to existing relevant criminal legislation and analyses its adequacy to malicious cryptomining. Specifically, the possibility to apply the Convention of Budapest’s taxonomy on cyber offenses to malicious cryptomining and the new EU Directive on combating fraud are considered. Finally, issues related to enforcement and evidence are analyzed. This chapter concludes on the need to introduce specific legislative measures to apprehend better this new damaging behavior.