Transcript The Cybercrime Convention – Zahid Jamil

AN INTERNATIONAL
SOLUTION TO A GLOBAL
PROBLEM
A Global Problem
• What is cybercrime?
• How does it affect us ?
• The solution
Impacts
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Cybercrime (hacking, spoofing, DDOS, ID Theft)
Cyber-terrorism
Fraud and money laundering
Drug/human/firearm; crossborder(s)
Homicide
Blackmail
Definition of Cybercrime
Cybercrime
&
Cyber Security
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
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
Only Way
International Cooperation
(Laws, Treaty)
The Solution – The Cybercrime
Convention
• Defines key terms
• Provides an overview of substantive
offences
• Describes procedural requirements
AIMS
• Harmonise domestic criminal law
• Establish the necessary procedural powers
for investigation and prosecution
• Establish a fast and effective regime of
international co-operation
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
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.
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
Structure/Framework
Structure/Framework
Definitions & Substantive provisions:
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Illegal access
Illegal Interception
Data Interference
System Interference
Misuse of Devices
Computer Forgery & Fraud
Child Pornography
Intellectual Property Rights
• Aiding Abetting
• Corporate Liability
Procedural Provisions
• Powers
• Procedures
• Collection of Evidence
• Conditions & Safeguards
• Expedited preservation:
– stored computer data
– and partial disclosure of traffic data
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
International Cooperation
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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
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
2011 OCTOPUS
Interface Conference
(21-23 November 2011)
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 multistakeholder cooperation
• Enhance the protection of children
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
Plans
Output 2: International Cooperation
• Strengthen effectiveness of MLA
• Study Implications of cloud
computing on law enforcement
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)
Five reasons for becoming a partner
1. Common objectives
2. Cost effective participation in a global
capacity building effort
3. Public – private cooperation
4. Up to date information on development
worldwide
5. Reputational benefits and visibility
2011 OCTOPUS
Interface Conference
(21-23 November 2011)
KEY
Commonwealth Model Law
For Further Information Contact
Contact : Alexander Seger
Email: [email protected]
Tel: +33-3-9021 4506
www.coe.int/cybercrime
Questions?
Zahid Jamil
[email protected]