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EU activities against cyber crime
Radomír Janský
Unit - Fight against Organised Crime
Directorate-General Justice, Freedom and Security (DG JLS)
European Commission
[email protected]
European Commission
Directorate-General Justice, Freedom and Security
EU Action
• EU Treaty – EU must be “maintained and developed as an
area of freedom, security and justice”
Title V – EU shall “strengthen the security of the Union in all
ways”
• Institutions – Council-Parliament-Commission (+agencies:
e.g. Europol, Eurojust, ENISA)
Living in an • Strategy/Policies/Instruments – CFSP and JHA;
Security Strategy (2003) - information
area of European
infrastructure security; 2008 Implementation report: cyber
freedom, security and attacks against IT systems;
EU Strategy for a Secure Information Society (2006) security three-pronged approach embracing:
and justice
European Commission
Directorate-General Justice, Freedom and Security
EU Action
 specific network and information security measures
Critical (Information) Infrastructure Protection CI(I)P; e.g. CIP
Directive; CIIP: e.g. European multilingual information sharing
and alert system at ENISA;
Living in an
area of
freedom,
security
and justice
 regulatory framework for electronic communications
includes privacy and data protection issues; e.g. Data
Protection Directive, E-privacy directive (prohibits Spam);
 the fight against cyber crime – DG Justice, Freedom, Sec.
Hague/Stockholm Programme (2005-10-15) - fight against
terrorism & org. crime & cyber crime; privacy and security in
information sharing;
European Commission
Directorate-General Justice, Freedom and Security
1. Legislative process
• Council Framework Decision on combating the
sexual exploitation of children and child pornography
• Council Framework Decision on attacks against
information systems
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area of
freedom,
security
and justice
 minimum level of approximation between Member States’
criminal law targeting the main forms of criminal activity
concerned
both FDs are being updated
European Commission
Directorate-General Justice, Freedom and Security
1. Legislative process (cont’d)
• Council Framework Decision on combating the
sexual exploitation of children and child pornography
Living in an
area of
freedom,
security
and justice
Weaknesses:
• major aspects (e.g. rules to make it easier for children to give
evidence and to alleviate their trauma) have to be reinforced;
• new forms of abuse are increasing, in particular in connection
with the new internet technologies (grooming);
European Commission
Directorate-General Justice, Freedom and Security
1. Legislative process (cont’d)
• NEW PROPOSAL for Council Framework Decision
on combating the sexual exploitation of children and
child pornography
Living in an
area of
freedom,
security
and justice
 Comprehensive approach: Prosecution, Protection, Prevention
 Take account of new forms of child abuse, especially on-line
 Bring EU level up to highest international standards (CoE)
European Commission
Directorate-General Justice, Freedom and Security
1. Legislative process (cont’d)
Prosecution:
 New criminal offences are introduced, such as
 'grooming';
 viewing child pornography without downloading files;
 advertising the possibility to abuse children (Art. 6)
Living in an
area of  Special investigative tools
freedom,
 allow the possibility of covert operations (Art. 12,
para 5)
security
and justice
European Commission
Directorate-General Justice, Freedom and Security
1. Legislative process (cont’d)
Protection:
 States should take the necessary measures to enable units or
investigative services to identify the victims of the offences.
(Art. 12, para 6)
Living in an Prevention:
area of  Systems should be developed at national level to block
freedom, access to websites containing child pornography. (Art. 18)
security
and justice
European Commission
Directorate-General Justice, Freedom and Security
1. Legislative process (cont’d)
• Council Framework Decision on attacks against
information systems – current ideas on the update:
• criminalisation of the production, sale, procurement for use,
import, distribution or otherwise making available of botnets
(tools);
Living in an
area of
freedom,
security
and justice
• new aggravating circumstances regarding large-scale attacks,
such as the act of putting in place a botnet or a similar tool;
• obligation on Member States to respond to an (urgent) request
from other Member States (and within a time limit: 8 hours?);
• to record, produce and provide statistical data on the offences
referred to in the FD;
European Commission
Directorate-General Justice, Freedom and Security
2. EU and international cooperation
• Communication on Critical Information Infrastructure
Protection: "Protecting Europe from large scale
cyber-attacks and disruptions: enhancing
preparedness, security and resilience".
Living in an
area of
freedom,
security
and justice
• Preparedness and prevention - to ensure that adequate and
consistent levels of preventive, detection, emergency and recovery
measures are in place in all Member states.
• Detection and response - supporting the development of a European
information sharing and alert system.
• Mitigation and recovery - national and multinational contingency plans
and regular exercises for large-scale network security incident
response and disaster recovery.
European Commission
Directorate-General Justice, Freedom and Security
2. EU and international cooperation
• Communication
on Critical Information Infrastructure
Protection: "Protecting Europe from large scale
cyber-attacks and disruptions: enhancing
preparedness, security and resilience".
Living in an
area of
freedom,
security
and justice
• International cooperation - to set EU priorities for the long term
resilience and stability of the Internet, with a view to proposing
principles and guidelines to be promoted internationally;
• Establish criteria for European critical infrastructure in the ICT
sector - the criteria and approaches currently vary across
Member States.
European Commission
Directorate-General Justice, Freedom and Security
2. EU and International Cooperation
• G8, Council of Europe – Cybercrime Convention
• EU Council Conclusions on a concerted work
strategy and practical measures against
Living in an cybercrime (Nov. ’09) – European Alert Platform
area of • EU-US expert meeting on cooperation against
freedom, cyber crime (27 Nov)
security
and justice
European Commission
Directorate-General Justice, Freedom and Security
3. Public-Private Cooperation
• EU Council Conclusions – include recommendations
on public-private partnership against cyber crime
• EU cyber crime training platform
Living in an • European Financial Coalition
area of • Commission expert meeting on illegal content –
follow-up to 2008 Council Conclusions (European
freedom, Agreement Model on public-priv. Coop.)
security
and justice
European Commission
Directorate-General Justice, Freedom and Security
4. Financial Programmes
• Safer Internet: € 55 million for 2009-2013
• ISEC (“Prevention of and Fight against Crime”):
€ 70 million in 2009
Living in an
area of
freedom,
security
and justice
http://ec.europa.eu/justice_home/funding/isec/funding_isec_en.htm
European Commission
Directorate-General Justice, Freedom and Security
Thank you
European Commission
Directorate-General Justice, Freedom and Security