International Telecommunication Union HIPSSA Project Support for Harmonization of the ICT Policies in Sub-Sahara Africa

Computer crimes Introduction: Cybercrime is the fastest growing crime in the world with millions of people affected every day. The effects of one successful attack on a country or corporation can have far- reaching implications, including threat to countrys security and economy to financial losses at the corporate level, stock losses and money lost for consumers or stock holders. Laws have been swiftly put into place to halt these types of attacks, but criminals find haven in countries with lax cybercrime laws. 2

International Standards International Conventions and Treaties on Cybercrime: Criminalize Crimes related to computers and the Internet [Cybercrime] Provisions for investigating cyber crime International legal cooperation Protection of human rights and liberties 3

Domestic Laws Domestic laws: Establish cyber crime offenses Enable successful investigation and prosecution Provide for Procedural laws Improve international legal cooperation 4

Computer Crimes Bill: Silent Features Offences against the confidentiality, integrity and availability of computer data and systems, that is: offences against computer data and systems, including illegal access, illegal interception, data and system interference, misuse of devices. 5

Silent Features Offences committed by means of computer systems. This list is limited to those old forms of crime that obtain a new quality through the use of computers, that is: computer-related forgery and fraud, child pornography and offences related to infringements of Intellectual Property Rights on a commercial scale. An additional set of crimes covers the criminalization of acts of a racist and xenophobic nature committed through computer systems 6

Computer crimes Cybercrimes: Offenses against computer data and systems Offenses related to computers and the Internet Content-related offenses Intellectual property offenses Ancillary liability and sanctions 7

Investigation of Computer Crimes What evidence does using computers, cell phones, and the Internet create? Copies (Content Data) Logs (Traffic Data) Metadata (Traffic Data) Where is this evidence located? In the file On the device With the service provider 8

Computer Data Storage Short term RAM Cache Long term Hard drives Backups 9

Short Term Data Storage RAM (Random Access Memory) Where the magic happens Only exists when the device is on SWAP File Not enough RAM on most computers Write some data to the hard drive in temporary data files Often still there when the computer turns back on Cache Temporary local storage of data Often in temporary folders in long term data storage devices May still be there after computer restarts Temporary Internet Files Local backups 10

Long Term Data Storage On the computer Usually hard drives, sometimes flash Content data in files Some metadata Table of contents Shows where the data is Deletes only from contents unless overwritten 11

Long Term Data Storage Backups On variety of media o Tape o DVD o CD o Remote server (backup service, , drop box) o Floppy disks o Thumb drives Often off site 12

Data Files Content Data Most files have timestamps and author information Similar to traffic data Some files, such as documents and pictures, may have more detailed information about the file (metadata), Authors name Authors company Computer name Where the file was created (or picture was taken) When the file was created and changed Name of the network server where the file was saved Revisions Previous versions Hidden text/objects Comments Other file properties and summary information 13

Law Enforcement Challenges to law enforcement: Identifying the perpetrator and extent of the crime Volatility of electronic data Need for fast and confidential investigations Need for successful prosecutions 14

Tanzania Case Law Trust Bank Ltd. v. Le-marsh Enterprises Ltd., Joseph Mbui Magari, Lawrence Macharia [The High Court of United Republic of Tanzania (Commercial Division) at Dar es Salaam Commercial case No.4 of 2000 (Unreported)] 15

Love Bug Virus Onel de Guzman (a former computer science student) was identified as the person responsible for creating and disseminating the 'love bug' virus. However, Philippine law did not criminalize hacking or the distribution of viruses. The Philippine officials struggled with the question of how to prosecute De Guzman. They finally charged him with theft and credit card fraud but the charges were dismissed. De Guzman could not be extradited for prosecution in other countries such as the US (which has cybercrime laws) because the conduct attributed to De Guzman was not a crime in the Philippines. Extradition treaties require 'double criminality', namely the act for which a person is extradited must be a crime in both the extraditing country and the country seeking the extradition. De Guzman could not be charged for disseminating the 'love bug' virus. No one was prosecuted for the 'love bug' virus. 16

Case Law-Jurisdiction Director of Public Prosecution v Sutcliffe an Australian citizen, Brian Sutcliffe, was accused of stalking a Canadian actress who lived in Toronto. The charges were based on Sutcliffe's having telephoned the victim and written to her repeatedly over several years. The Australian prosecutor charged Sutcliffe with stalking but the magistrate dismissed the charges. The magistrate found that she lacked jurisdiction to adjudicate the matter because the crime of stalking occurred in Canada, where the victim was located. However, the Supreme Court of Victoria reversed the decision. The Court found that Sutcliffe was a resident of Australia and had committed all of the ingredients of the crime "save for the harmful effect" in Australia. Therefore, it was held that his conduct and presence in Australia established a "sufficient connection" to allow the court to exercise jurisdiction over the proceedings. 17

18Asante… Saidi M. Kalunde ITU LOCAL EXPERT Union Internationale des Télécommunications International Telecommunication Union