and the additional protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems The Budapest Convention on Cybercrime Russell Tyner

The Crown Prosecution Service

Aims Harmonise domestic criminal law Establish the necessary procedural powers for investigation and prosecution Establish a fast and effective regime of international co-operation

The Convention on Cybercrime 85.htm e/cybercrime/T-CY/Default_TCY_en.asp

Safe Havens Legislation Police Capability Co operation with Industry Training for Judges and Prosecutors

Cybercrime The Threat The Public Business Government UK Figures 2013 £48 Billion in online sales 57% of population ordered goods online Card holder not present fraud - £328million Music and Film piracy -£180 million

Types of Crime Definitions Traditional Crime Fraud Extortion Money Laundering Intellectual Property Infringement Content Offence

NOT PROTECTIVELY MARKED Slide 8 New Crimes Hactivism - Political / Idealism State Sponsored - Espionage, Cyberwarfare Cybercrime - Motivated by £££’s

The Internet as Enabler of Crime

Slide 10 INTERNET Worm COMPUTER virus EXPLOIT PACK BANKING TROJAN ROOTKIT BOTNET KEYLOGGER MALWARE NOT PROTECTIVELY MARKED

Geared to stealing online login credentials for banks an estimated 12.7 million computers infected in over 190 countries Mariposa Botnet

Identity Theft

Sources of Information for criminals Social Networking sites Phishing Pharming Use of Botnets

Free Cheese

Phishing

Harm To Individuals Critical Infrastructure Social Economic

The Challenge for Law Enforcement Anonymity – ease of communication Complex investigations International Co operation Mass victimisation -Under reporting Expertise

Perpetrators

Hactivism

The language of IRC EG OIC LOL ROTFL IANAL LART FIIK

Industry

Features of Cybercrime Nature Volume Location

Nature and Volume Digital – investigators expertise Volatile – easily changed – data retention policy Identifying evidential material-Case Presentation Unused material Location

Challenges Legal Instruments Jurisdiction Tracing and locating perpetrators Obtaining evidence Case management Admissibility of evidence Choice of charge Case presentation

Evidence

The Substantive Law provisions of the Convention Art 2 Illegal Access Art 3 Illegal interception Art 4 Data interference Art 5 System interference Art 6 Misuse of devices Art 7 Computer relates forgery Art 8 Computer related fraud Art 9 Child Pornography

Article 2 Illegal Access …access to the whole or any part of a computer system without right

Article 3 Illegal Interception The intentional interception without right by technical means of non public transmissions of computer data

Articles 4 and 5 Data and system interference Damaging or seriously hindering computer data or systems

Articles 4 and 5 Data and system interference

Article 6 Misuse of Devices The Production – Sale – Distribution of devices including computer programs designed or adapted for committing offences established under the Convention.

Articles 7 and 8 Fraud and Forgery Inputting false computer data with the intent that it will be acted upon for legal purposes as authentic or to procure an economic benefit

NOT PROTECTIVELY MARKED Dark Market NOT PROTECTIVELY MARKED

Dark Market Investigation Evidence from Service Providers Subscriber Information IP information E mail addresses E mail providers Billing information Traffic data Content

JiLSi and Devilman

Article 9 Child Pornography Production, Distribution, Possession

Operation Ore

Article 10 Copyright Infringement

The Additional Protocol Aim To supplement the Convention as regards the criminalisation of acts of a racist and xenophobic nature committed through computer systems. Material which advocates, promotes or incites hatred discrimination or violence against any individual or group based on race, colour, descent or national or ethnic origin as well as religion if used as a pretext for any of these factors

Substantive law provisions Article 3 Dissemination of racist and xenophobic material through computer systems Articles 4 and 5 The use of computer systems to threaten or insult persons because of their race, colour,descent or national or ethnic origin Article 6 The use of computer systems to distribute material which denies,grossly minimises, approves or justifies genocide or crimes against humanity

Procedural measures of the Convention Art 16 Expedited preservation of stored computer data Art 17 Expedited preservation and partial disclosure of traffic data Art 18 Production Order Art 19 Search and seizure of stored computer data Art 20 Real time collection of traffic data Art 21 Interception of content

Article 22 Jurisdiction Parties to establish jurisdiction over the substantive offences set out in the Convention. Nationality and Extradition

International Co operation Art 23 General Principles Art 24 Convention as basis of Extradition Art 25 States to apply international instruments to the widest extant possible in the investigation and prosecution of computer related offences Art 26 Allows for parties to exchange information spontaneously without prior request Provide for expedited requests for assistance Art 27 Provides that the Convention may serve as the basis for a request for Mutual Legal Assistance in the absence of any treaty or instrument

International co operation Art 29,30,31,33 and 34  Expedited preservation of stored computer and traffic data  Access to stored computer data  The collection of real time traffic data  Interception of content

International Co operation Art 35 Each party to establish a 24/7 point of contact to assist with the provision of immediate assistance

Conclusion Russell Tyner Crown Prosecution Service Organised Crime Division London +44(0)