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AN INTERNATIONAL SOLUTION TO A GLOBAL PROBLEM

AN INTERNATIONAL SOLUTION TO A GLOBAL PROBLEM. A Global Problem. What is cybercrime? How does it affect us ? The solution. Impacts. Cybercrime (hacking, spoofing, DDOS, ID Theft) Cyber-terrorism Fraud and money laundering Drug/human/firearm; crossborder (s) Homicide Blackmail.

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AN INTERNATIONAL SOLUTION TO A GLOBAL PROBLEM

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  1. AN INTERNATIONAL SOLUTION TO A GLOBAL PROBLEM

  2. A Global Problem • What is cybercrime? • How does it affect us ? • The solution

  3. Impacts • Cybercrime (hacking, spoofing, DDOS, ID Theft) • Cyber-terrorism • Fraud and money laundering • Drug/human/firearm; crossborder(s) • Homicide • Blackmail

  4. Definition of Cybercrime Cybercrime & Cyber Security

  5. Definition of Cybercrime • Offences against the confidentiality, integrity and availability of computer data and systems • Computer-related offences • Content-related offences • Offences related to intellectual property rights and similar rights

  6. The Way it Was vs. How it is Now The Way it Was • Nearly all crimes were local • Evidence never far from the crime scene How it is Now • Crimes committed remotely • International element added to any crime • Specialised Procedures & Forensics • Evidence across borders • How to get Legal Assist across borders

  7. Only Way International Cooperation (Laws, Treaty)

  8. The Solution – The Cybercrime Convention • Defines key terms • Provides an overview of substantive offences • Describes procedural requirements

  9. AIMS Harmonise domestic criminal law Establish the necessary procedural powers for investigation and prosecution Establish a fast and effective regime of international co-operation

  10. Cybercrime Convention Only multilateral treaty for cybercrime Already implemented in many countries Others taking into consideration to become Party Used as Model Law Tools for LEA [investigate & evidence collection] Flexible mechanisms to avoid conflicts with national legislations and proceedings [sovereignty – options] Set a global trend for better cybercrime laws Global standard

  11. Cybercrime Convention Enable & Facilitate International Cooperation by: • Harmonise substantive cyber crime law; • Harmonise procedural law - investigative powers [evidence collection]; • International Cooperation in Fighting Cyber Crime.

  12. Substantive Criminal Law • The convention seeks to establish common minimum standards of relevant offences • Prevent criminals operating from jurisdiction with lower standards • Facilitate international co-operation

  13. Structure/Framework

  14. Structure/Framework Definitions & Substantive provisions: • Illegal access • Illegal Interception • Data Interference • System Interference • Misuse of Devices • Computer Forgery & Fraud • Child Pornography • Intellectual Property Rights • Aiding Abetting • Corporate Liability

  15. Procedural Provisions • Powers • Procedures • Collection of Evidence • Conditions & Safeguards • Expedited preservation: • stored computer data • and partial disclosure of traffic data

  16. Procedural Provisions • Production Order (specified data / subscriber info) • Search & Seizure of stored computer data • Real Time Collection of Traffic Data • Interception of Content Data • Jurisdiction

  17. International Cooperation • Default • Extradition • Legal Mutual Assistance • Spontaneous Information • Confidentiality and limitation on use • Expedited preservation of stored computer data • Expedited disclosure of preserved traffic data • Mutual assistance regarding • accessing of stored computer data • access to real-time collection of traffic data • interception of content data • 24/7 Network

  18. Followed? • Ratifications • Model Laws: • Commonwealth Model Law • BSA Model Law • Model Law for Regional frameworks • Model Law itself / Best Practice • Basis for Bilateral Cooperation UK RATIFICATION – 25 May 2011

  19. 2011 OCTOPUS  Interface Conference  (21-23 November 2011)

  20. Results of the Octopus Conference Need to: • Implementation of the Cybercrime Convention on Cybercrime worldwide • Strengthen legislation and its implementation • Train law enforcement, prosecutors and judges • Establish high –tech crime and other specialist units • Make international cooperation more efficient • Improve public/private cooperation, and multi-stakeholder cooperation • Enhance the protection of children

  21. Global Project on Cybercrime Output 1: Legislation & policies • Strengthen legislation (Nigeria, Uganda, Argentina, Vietnam, India, Pakistan, Sri Lanka, Bangladesh, Mauritius etc) • Promote ratifications/accession to Cybercrime Convention • Promote Cybercrime Convention as global instrument • Initiate global review of legislation

  22. Plans Output 2: International Cooperation • Strengthen effectiveness of MLA • Study Implications of cloud computing on law enforcement

  23. Plans Output 3: Investigation: LEA – ISP Cooperation • Country specific workshops and support Output 4: Training Judges and prosecutors India, Egypt, Portugal, Pakistan, Sri Lanka, Bangladesh, Mauritius • Global Prosecutors E-Crime Network (GPEN)

  24. Five reasons for becoming a partner • Common objectives • Cost effective participation in a global capacity building effort • Public – private cooperation • Up to date information on development worldwide • Reputational benefits and visibility

  25. 2011 OCTOPUS Interface Conference   (21-23 November 2011)

  26. KEY Commonwealth Model Law

  27. For Further Information Contact Contact : Alexander Seger Email: Alexander.Seger@coe.int Tel: +33-3-9021 4506 www.coe.int/cybercrime

  28. Questions?Zahid Jamilzahid@jamilandjamil.com

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