Transcript cybercrime - Ministerul Justiției

www.coe.int/cybercrime
The Council of Europe Convention on Cybercrime:
status quo and future challenges
TAIEX Seminar on Fight against cybercrime (8-9 October 2009, Bucharest)
Cristina Schulman
Council of Europe
Strasbourg, France
Tel +33-3-8841-2103
[email protected]
The approach against cybercrime
Standards:
Convention on Cybercrime
Protocol on Xenophobia and Racism
Convention on the Protection of
Children against Sexual Exploitation
and Sexual Abuse
Council of
Europe action
against
cybercrime
Future development:
Cybercrime
Convention Committee
(T-CY)
Implementation:
Project on Cybercrime
(Phase 1)
Project on cybercrime
(Phase 2)
The Council of Europe Convention on Cybercrime
Elaborated by the Council of Europe with the participation of Canada, Japan, South
Africa and the USA
In 2001 the Convention was adopted/opened for signature and entered into force
on 1.07.2004
5 countries (Costa Rica, the Dominican
Republic, Mexico, Philippines and Chile)
have been invited to accede
Total number of signatures not followed by
ratifications:
20
Total number of ratifications/accessions:
26
•
Art 36 - Signature and entry into force (open to member States and
non-members which have participated in its elaboration)
•
Art 37 - Accession (any State may accede following majority vote in
Committee of Ministers and unanimous vote by the parties entitled to
sit on the Committee of Ministers)
Status of signatures and ratifications of the Convention on Cybercrime
Ratified (26):
Signed (20):
Not signed (5 CoE member States):
Invited to accede (4):
Albania
Armenia
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Denmark
Estonia
Finland
France
Germany (2009)
Hungary
Iceland
Italy
Latvia
Lithuania
Moldova (2009)
Netherlands
Norway
Romania
Serbia (2009)
Slovakia
Slovenia
FYROM
Ukraine
United States of America
Azerbaijan
Austria
Belgium
Canada
Czech Rep
Georgia
Greece
Ireland
Japan
Liechtenstein
Luxembourg
Malta
Montenegro
Poland
Portugal
South Africa
Spain
Sweden
Switzerland
United Kingdom
Andorra
Monaco
Russian Federation
San Marino
Turkey
Costa Rica
Dominican Republic
Mexico
Philippines
Chile
Why Council of Europe Convention on cybercrime?
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The only multilateral treaty dealing with cybercrime matters already implemented in many
countries while others are taking into consideration to become Party

A guideline for drafting the legislation on cybercrime
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Provides important tools for law enforcement to investigate cybercrime
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Ensure adequate protection of human rights and liberties according to the relevant international
documents
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Flexible mechanisms to avoid conflicts with national legislations and proceedings
CC provides for countries:
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Coherent national approach to legislation on cybercrime
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Harmonisation of criminal law provisions on cybercrime with those of other countries
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Legal and institutional basis for international LE and judicial cooperation with other parties
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Participation in the Consultations of the Parties
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The treaty as a platform facilitating public-private cooperation
Convention provides global standards and a
framework for an effective fast international
cooperation
Project on cybercrime (phase 2)
1 March 2009 – 30 June 2011
To promote broad implementation of the Convention on Cybercrime (ETS 185) and its Protocol on
Xenophobia and Racism (ETS 189) and related international standards
Legislation and policies: Cybercrime policies and legislation strengthened in accordance with the
Convention on Cybercrime and its Protocol
International cooperation: Capacities of 24/7 points of contact, high-tech crime units and of authorities
for mutual legal assistance strengthened
Investigation: Law enforcement – service provider cooperation in the investigation of cybercrime
improved on the basis of the guidelines adopted in April 2008
Financial investigations: enhanced knowledge among high tech crime units and FIUs to follow money
flows on the internet and stronger cooperation between financial intelligence and investigation units,
high-tech crime units and the private sector
Judges and prosecutors: Training for judges and prosecutors in cybercrime and electronic evidence
institutionalised
Data protection and privacy: Data protection and privacy regulations in connection with cybercrime
investigations improved in line with Council of Europe and other relevant international standards
Exploitation of children and trafficking in human beings: Enhanced knowledge of standards against the
sexual exploitation and abuse of children and trafficking in human beings on the internet
Funding: Romania, Microsoft, McAfee
Project achievements
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Convention presented for more than 150 countries in different meetings
“Legislative profiles” prepared for more than 90 countries that served as bases
for regional/country-specific legislative workshops and helped sharing good
practices
More than 100 countries around the world have cybercrime legislation in place or
are in process of preparing legislation using the Convention as a guideline or
“model law”
Legislative reforms continue in many countries, often with the support of the
project
Demands for assistance are increasing
A training concept on cybercrime for judges and prosecutors
50 countries signed/ratified/invited to accede the treaty; becoming full parties will
greatly enhance the value of the Convention as a framework for international
cooperation
Project promoted the creation of 24/7 points of contact in a number of countries
Cooperation with a large number of public and private sector stakeholders which
enhances markedly the impact of this project
Convention on Cybercrime
ROMANIA
Romania
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Romania ratified the Convention on Cybercrime in 2004 and recently its Additional
Protocol
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Current legislation fully implements the provisions of the Convention
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contribution to the Project
providing experts (MJ, DIICOT, MI)
Studies:
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Ro legislative country profile used as an example in many events
Relation with the Project on cybercrime (phase 1 and 2)
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CoE assistance: legislation and training
August 2008 - National legislation implementing the Convention on Cybercrime Comparative analysis and good practices (23 European countries and 9 non-European
countries)
March 2008 - The effectiveness of international co-operation against cybercrime – examples
of good practice
April 2009 - The functioning of 24/7 points of contact for cybercrime
Convention on the Protection of Children against Sexual Exploitation and Sexual
Abuse
Convention on cybercrime – future challenges
A major concerns that weaken the credibility of this important treaty in other regions of the world:
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22 CoE member States (including 12 EU countries) have not yet ratified the Convention
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5 member States (Andorra, Monaco, Russian Federation, San Marino and Turkey) have not yet signed it
Strategic goals:
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Global implementation of the Convention on Cybercrime and its protocol on xenophobia and racism, of the
Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS 201)
Project priorities:
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Policy dialogue with CoE member States in view of signatures and ratification of the Convention on
Cybercrime
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Legislation – Continued support to the strengthening of legislation and the process of ratification/accession to
the Convention on Cybercrime in particular with regard to CoE member States and countries already invited to
accede
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Judicial training – Completion and subsequent dissemination of the judicial training concept as well as
completion of the training manual and the delivery of training seminars
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Criminal money – Launching of the typology exercise on criminal money flows on the internet
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Children – Completion of the analysis of substantive criminal law provisions on the protection of children from
sexual exploitation and abuse, and activities to promote the Convention on the Sexual Exploitation and Sexual
Abuse of Children (CETS 201)
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Octopus Interface conference (March 2010)
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Project on Cybercrime
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The conditions for further global impact of this project
are already created:
 clear standards of reference to work towards
 subject matter expertise
 momentum created in and requests for assistance from many countries
 a vast network of contacts and expertise,
 good cooperation with other organizations and stakeholders
 support by the private sector and credibility among stakeholders across sectors
and regions
Further contributions are necessary to ensure the
continuation of project activities.
THANK YOU FOR YOUR
ATTENTION
[email protected]