EU activities against cyber crime Radomír Janský Unit - Fight against Organised Crime Directorate-General Justice, Freedom and Security (DG JLS) European Commission European CommissionDirectorate-General Justice, Freedom and Security

European Commission Living in an area of freedom, security and justice 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) Strategy/Policies/Instruments – CFSP and JHA; European Security Strategy (2003) - information infrastructure security; 2008 Implementation report: cyber security and attacks against IT systems; EU Strategy for a Secure Information Society (2006) - three-pronged approach embracing:

European Commission Living in an area of freedom, security and justice 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; 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 ( ) - fight against terrorism & org. crime & cyber crime; privacy and security in information sharing;

European Commission Living in an area of freedom, security and justice 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 minimum level of approximation between Member States’ criminal law targeting the main forms of criminal activity concerned both FDs are being updated

European Commission Living in an area of freedom, security and justice Directorate-General Justice, Freedom and Security 1. Legislative process (cont’d) Council Framework Decision on combating the sexual exploitation of children and child pornography 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 Living in an area of freedom, security and justice 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  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 Living in an area of freedom, security and justice 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)  Special investigative tools allow the possibility of covert operations (Art. 12, para 5)

European Commission Living in an area of freedom, security and justice 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) Prevention:  Systems should be developed at national level to block access to websites containing child pornography. (Art. 18)

European Commission Living in an area of freedom, security and justice 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); 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 Living in an area of freedom, security and justice 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". 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 Living in an area of freedom, security and justice 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". 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 Living in an area of freedom, security and justice 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 cybercrime (Nov. ’09) – European Alert Platform EU-US expert meeting on cooperation against cyber crime (27 Nov)

European Commission Living in an area of freedom, security and justice 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 European Financial Coalition Commission expert meeting on illegal content – follow-up to 2008 Council Conclusions (European Agreement Model on public-priv. Coop.)

European Commission Living in an area of freedom, security and justice Directorate-General Justice, Freedom and Security 4. Financial Programmes Safer Internet: € 55 million for ISEC (“Prevention of and Fight against Crime”): € 70 million in

Thank you European CommissionDirectorate-General Justice, Freedom and Security