1 UNODC and CYBERCRIME December 2010

2 Cybersecurity   Constitutes the protection against all forms of cyber incidents by strengthening the safety of the critical information infrastructure on which critical sectors depend and securing the networks and services which serve the day-to- day needs of users   Ranging from the security of mobile devices to security aspects of network controlled critical infrastructure.

3 Cybercrime   Refers to criminal activity where a computer or network is the source, tool, target, or place of crime.   Poses threats not only to the confidentiality, integrity, or availability of computer systems, but also to the security of critical infrastructure

4 Solutions   Solutions are as broad as the topic is diverse   Ranging from:   technical solutions   education of users   legal measures   capacity building   international cooperation

5 Legislation   Legislation plays an important role when prevention strategies fail   States will refer to means of criminal law to enable investigation of acts of cybercrime   Without adequate criminalization, law enforcement agencies will not be able to carry out investigations and identify those who put security at risk

6 Criminalization There is an ongoing debate on the scope of acts to be criminalized Diverse challenges to criminalization being faced by countries all over the world Need for harmonization of criminalization provisions to facilitate international cooperation

7 Developing Countries Challenges - not only relevant for developed countries but also developing countries In 2005 the numbers of Internet users in developing countries surpassed the number of users in developed countries

8 UNODC Mandates  UN Convention Against Transnational Organized Crime  Resolutions of the: General Assembly ECOSOC Crime Commission Crime Congress

9 1) Cybercrime as “Serious Crime”   The most common forms of computer- related crimes fall within the definition in UNTOC as they are: 1. Transnational in nature 2. Involve an organized criminal group 3. Committed with the aim of achieving material or financial benefit UNTOC

10 2) Links between Cybercrime and Organized Crime  Traditional organized criminal groups adopting internet-related activities  Clear links between the most common cybercrimes and organized crime  Examples: child pornography, identity- related crime committed online, denial-of- service attacks UNTOC

11 3) Transnational Dimension   Cybercrime very often has a transnational dimension: Due to: underlying network architecture and global availability of services ( provider / hosting provider)   Essential to promote effective international cooperation in real time UNTOC

12 Article 2 and Paedophilia  The interpretative note to article 2 of UNTOC indicates that the aim of obtaining a financial or other material benefit could be interpreted broadly to include crimes in which predominant motivation may be sexual gratification.  This would include; 1. Receipt or trade of materials by members of child grooming rings, 2. The trading of children by members of paedophile rings, or 3. Cost sharing among ring members.

13 UNTOC Article 29  Requires parties to develop specific training programmes for law enforcement personnel (including prosecutors and investigating magistrates)  Subparagraph (h) states that such programmes shall deal with: 1. Methods used in combating transnational organised crime through the use of computers, 2. Telecommunications networks, or 3. Other forms of modern technology.

14 (A/RES/64/211) - March 2010   UN GA adopted a resolution on the Creation of a Global Culture of Cybersecurity   Call for countries to: “13. Review and update legal authorities including those related to cybercrime, privacy, data protection, commercial law, digital signatures and encryption that may be outdated or obsolete as a result of the rapid uptake of and dependence upon new information and communications technologies, and use regional and international conventions, arrangements and precedents in these reviews.” GA Resolutions

15 (A/RES/64/179)   Mandate on strengthening the United Nations Crime Prevention and Criminal Justice Programme, in particular its technical cooperation capacity   The Assembly drew attention to emerging crime policy issues, including cybercrime, and invited UNODC to explore within its mandate ways and means of addressing those issues GA Resolutions

16 ECOSOC Resolutions   United Nations study on fraud and the criminal misuse and falsification of identity released in 2007 (res 2004/26)   Establishment of a consultative platform to examine related issues (res 2007/20) Group of experts to meet for 5 th time on 6-8 December 2010   Development of tools and research papers/manual (res 2009/22) Identity-related crime committed online

Crime Congress Recommended that UNODC should continue to cooperate with relevant organizations to provide technical assistance and capacity building; and The development of an action plan for capacity-building at the international level be also considered. Salvador Declaration

Crime Commission (CCPCJ)   CCPCJ requested to conduct comprehensive study: “ …consider convening an open-ended intergovernmental expert group prior to the twentieth session of the Commission. This expert group should conduct a comprehensive study of the problem of cybercrime and responses to it by member States, the international community and the private sector, including the exchange of information on national legislation, best practices, technical assistance and international cooperation, with a view to examining options to strengthen existing and to propose new national and international legal or other responses to cybercrime.”   Resolution will be adopted by the General Assembly (December 2010 session) on the recommendation of the Economic and Social Council   Date for the first meeting of this group set for 17 – 21 January 2011 E/CN.15/2010/20 – May 2010

19 Why UNODC?  Only global intergovernmental body working in crime prevention and criminal justice  Mandate to implement the UNTOC  Comparative advantages through specialized technical competence, operational capacity and long term expertise in crime prevention, criminal justice and the rule of law  Unique position through ability to promote international cooperation, specific focus on the developing world, role as an honest-broker with a multilateral platform and extensive network of field offices

20 UNODC Assistance   UNODC is able to explore, along with countries, the feasibility of providing assistance to address computer-related crime under the aegis of the United Nations and in partnership with other similarly-focused organizations

21 UNODC Objectives  Focus of efforts on the developing world  No attempt to duplicate or re-invent the wheel  Instead: UNODC will look to use/build on/adapt what currently exists, and involve experts and institutions which have already developed and delivered tools and/or training to combat cybercrime  Ensure partnerships with other stakeholders such as Interpol, Europol, CoE, ITU, EU, UN Member states, and, equally, members of the private sector (such as software companies, and Internet service providers - ISPs)

22 Proposed Program on Cybercrime Objective - to assist developing countries to combat cybercrime Proposed framework:   Legislative assistance: Assist Member States in legislative drafting and adoption of adequate legislation based on country-specific demands and applicable instruments;   Capacity building (longer-term and sustainable): Build operational and institutional capacity of law enforcement and judicial bodies in relation to investigation, prosecution, and adjudication of serious crimes, provide training, and improve international cooperation and exchange between law enforcement authorities, including mutual legal assistance;   International cooperation mechanisms;   Broad-based policy & strategy development including internet-based private sector companies and civil society.   A particular component to target the misuse of ICTs for child sexual abuse and exploitation in developing countries.   Mobilize and raise awareness of civil society.

23 For further information: United Nations Office on Drugs and Crime Vienna International Centre PO Box 500, A-1400 Vienna, Austria Tel: Fax: ed-crime/index.html THANK YOU