On the Fundamental Structure and Flow Framework of Data in Cross-Border Cybercrime

Abstract

Data in cross-border cybercrime is primarily categorized into electronic data, traffic data, and content data. It can also be structurally divided into core versus non-core data and enterprise versus personal data, sharing essential commonalities with—yet differing from—evidence. Both domestic and international jurisdictions have established regulatory frameworks for cross-border data flows in cybercrime, which often relies on technology-driven mechanisms to facilitate data movement, exhibiting significant fluidity across diverse domains. Amid rapid digitalization, the escalating complexity and diversity of cross-border cybercrime necessitate a renewed research perspective to reexamine the role of data in criminal activities. By systematically studying data structures and flow patterns, this research aims to advance legal theory and practical guidance for combating cross-border cybercrime, contributing China’s insights and solutions to global digital governance and cybersecurity.