Cybercrimes - main problems and analysis - Takato Natsui Professor at Meiji University, Japan Copyright © 2002 Takato Natsui, All Rights Reserved

2 Table of Contents Introduction Introduction What is Cybercrime? What is Cybercrime? How do we think and choose actions? How do we think and choose actions? Contradictions Contradictions How do we have to maintain well balanced thinking How do we have to maintain well balanced thinking

3 What is Cybercrime? Unclear concept Unclear concept International Agreements or Instruments International Agreements or Instruments Council of Europe Cybercrime Convention on November 2001 Council of Europe Cybercrime Convention on November 2001 G8 meetings regarding High-tech crimes G8 meetings regarding High-tech crimes Cybercrime Convention as an international treaty but not a local agreement inside of European area Cybercrime Convention as an international treaty but not a local agreement inside of European area

4 Main Cybercrimes Main Cybercrimes Illegal access (CCC Art.2) Illegal access (CCC Art.2) Illegal interception (CCC Art.3) Illegal interception (CCC Art.3) Data interference (CCC Art.4) Data interference (CCC Art.4) System interference (CCC Art.5) System interference (CCC Art.5) Misuse of devices (CCC Art.6) Misuse of devices (CCC Art.6) Computer-related forgery (CCC Art.7) Computer-related forgery (CCC Art.7) Computer-related fraud (CCC Art.8) Computer-related fraud (CCC Art.8) Offences related to child pornography (CCC Art.9) Offences related to child pornography (CCC Art.9) Offences related to infringements of copyright and related rights (CCC Art.10) Offences related to infringements of copyright and related rights (CCC Art.10) etc. etc. However, What is “Cyber”? What is “Crime”? However, What is “Cyber”? What is “Crime”? “Network” is not a necessary element of cybercrime. “Network” is not a necessary element of cybercrime. There is no cybercrime where any substantive law doesn’t exist. There is no cybercrime where any substantive law doesn’t exist. Without any international mutual assistance, transnational cyber criminals will never be caught and sentenced under domestic criminal laws. Without any international mutual assistance, transnational cyber criminals will never be caught and sentenced under domestic criminal laws.

5 How do we think and choose actions? Technology Technology Security tools Security tools But, there is no such a complete technology But, there is no such a complete technology Laws Laws Criminal laws (Penal Code in Japan) Criminal laws (Penal Code in Japan) But, it can not protect before crimes occur But, it can not protect before crimes occur Self regulations Self regulations Guidelines regarding cybercrimes Guidelines regarding cybercrimes But, it should not be compelled to apply or use But, it should not be compelled to apply or use What is the best balance? What is the best balance?

6 Contradictions Matrix Matrix The world where the security should be protected in the highest level is “the Death World” like a heaven The world where the security should be protected in the highest level is “the Death World” like a heaven Complete execution of laws means a realizing of complete controlled society Complete execution of laws means a realizing of complete controlled society Anti-P2P bill in US Anti-P2P bill in US Complete development of technology may bring the last War Complete development of technology may bring the last War Self regulations Self regulations Complete reliance is equal to the Chaos Complete reliance is equal to the Chaos

7 How do we have to maintain well balanced thinking? Better combination of 3 methods (Technology, Law and Self Regulation) Better combination of 3 methods (Technology, Law and Self Regulation) Better balance between criminal conducts and non-criminal behaviors Better balance between criminal conducts and non-criminal behaviors Relation between a purpose and its method Relation between a purpose and its method The rule of law The rule of law Substantive reasonability of the criminal law itself Substantive reasonability of the criminal law itself Reasonable but law-based criminal procedure and sentencing Reasonable but law-based criminal procedure and sentencing Free area – Our world is not a prison! Free area – Our world is not a prison!