Overview of the Budapest Convention on Cybercrime (2001) Computer Crime and Intellectual Property Section United States Department of Justice United States Department of Justice

United States Department of Justice Agenda Introduction Substantive Offenses Procedural Laws Enhanced Cooperation Current Status United States Department of Justice

United States Department of Justice Origin Council of Europe experts’ group began drafting 1997 Expert’s group included non-European countries: Canada, Japan, South Africa, United States Convention completed and signed by 30 countries in 2001 Now 71 countries: 57 ratifications, 4 signatures, and 10 invitations to accede Cabo Verde, Mauritius, Morocco, and Senegal are member states Intention to accede from Nigeria, Tunisia, and Ghana United States Department of Justice

United States Department of Justice Origin Only instrument of its type to set out an international standard for cybercrime laws Does not dictate statutory language or method of implementation Instead, it sets out CAPABILITIES and allows maximum flexibility in implementation Membership includes countries from every continent United States Department of Justice

Substantive Offenses Attacks on Computers and Data Article 2 - Accessing whole or part of a computer system, without right hacking to steal credit card information or other data Article 3 - Illegal Live Reading/Listening of Content obtaining electronic communications, without right E-mail or voice content United States Department of Justice

Substantive Offenses Attacks on Computers and Data Article 4 - Data Interference deletion, modification or suppression of computer data, without right hacking to delete company’s customer database Article 5 - System Interference serious hindering, without right, of the functioning of a computer system “denial of service” attacks Article 6 - Misuse of Devices Access device fraud; credit card fraud United States Department of Justice

Substantive Offenses Computer-Related Crimes Article 7 - Computer-related Forgery manipulating a computer without right resulting in inauthentic data, with intent it be acted upon Article 8 - Computer-related Fraud manipulating computer data without right to cause loss of property to another United States Department of Justice

United States Department of Justice Substantive Offenses Content Offenses Article 9 - Offenses related to Child Pornography Article 10 - Offenses related to infringements of copyright and related rights United States Department of Justice

Jurisdiction and other liability Article 22 – Jurisdiction: offenses cover crimes within country, aircraft, or ships and by nationals outside of territory Note: articles also cover “attempt” or “aiding abetting,” as well as corporate liability United States Department of Justice

United States Department of Justice Procedural Laws Preservation Article 16: Expedited preservation of computer data for up to 90 day; renewable for additional time Article 17 - Expedited preservation and partial disclosure of traffic data Article 18 - Production Order for data stored by a provider United States Department of Justice

Procedural Laws Seizure and Monitoring Article 19 - Search and seizure of stored computer data Article 20 - Real-time collection of traffic data IP Address, e-mail header information Article 21 – Real-time collection of the content of electronic communications United States Department of Justice

International Cooperation Extradition Article 24 – Extradition: computer crimes will be included offenses under existing extradition treaties If country does not extradite, it generally must be willing to prosecute domestically United States Department of Justice

International Cooperation Other Mechanisms Article 25: Allows for emergency requests by phone, fax, email Article 27: Acts as a Mutual Legal Assistance Treaty (MLAT) where parties do not have an existing MLAT Article 32: Cross-border access to publicly available data or with the consent of the data owner United States Department of Justice

International Cooperation Other Mechanisms Article 29: Expedited preservation of electronic data for foreign requests (with no dual criminality requirement) Article 30: Expedited disclosure of stored traffic data Article 31: Expedited seizure of stored content data Article 35: 24/7 Network United States Department of Justice

United States Department of Justice Guidance Notes Guidance on the applicability of the Convention to: Definition of “computer system” Botnets Transborder access under Article 32 Identity Theft DDOS attacks Critical infrastructure attacks Malware Spam United States Department of Justice

Current Status of Convention Open to any country to request accession to Convention More countries expressing interest Provides important benefits for mutual cooperation to those countries that join it Useful as an international standard whether or not a country joins 80% of countries with modern cybercrime laws used the Convention as a model United States Department of Justice

Implementation Committee (T-CY) Participation in the Implementation Committee (T-CY) The Parties shall, as appropriate, consult periodically to facilitate: the effective use and implementation of this Convention, including the identification of any problems thereof the exchange of information on significant legal, policy or technological developments pertaining to cybercrime consideration of possible supplementation or amendment to the Convention. United States Department of Justice

Support for Capacity Building GLACY+ EU/COE Joint Project on Global Action on Cybercrime “Global Action on Cybercrime Extended” to strengthen the capacities of States worldwide to apply legislation on cybercrime and electronic evidence and enhance their abilities for effective international cooperation Cooperation with African Union Commission to jointly assist African countries in the strengthening of their domestic legislation on the basis of the Budapest Convention and the Malabo Convention and institutional capacities African Forum on Cybercrime, October 16 – 18, 2018, Addis Ababa Cooperation with the ECOWAS Commission on judicial training and electronic evidence US funded capacity building program for legislators, investigators, prosecutors, and judges United States Department of Justice

United States Department of Justice