AN INTERNATIONAL SOLUTION TO A GLOBAL PROBLEM

A Global Problem What is cybercrime? How does it affect us ? The solution

Impacts Cybercrime (hacking, spoofing, DDOS, ID Theft)Cybercrime (hacking, spoofing, DDOS, ID Theft) Cyber-terrorismCyber-terrorism Fraud and money launderingFraud and money laundering Drug/human/firearm; crossborder(s)Drug/human/firearm; crossborder(s) HomicideHomicide BlackmailBlackmail

Definition of Cybercrime Cybercrime & Cyber Security

Definition of Cybercrime  Offences against the confidentiality, integrity and availability of computer data and systems  Computer-related offences  Content-related offences Offences related to intellectual property rights and similar rights

The Way it Was vs. How it is Now The Way it Was Nearly all crimes were local Evidence never far from the crime scene How it is Now Crimes committed remotely International element added to any crime Specialised Procedures & Forensics Evidence across borders How to get Legal Assist across borders

Only Way International Cooperation (Laws, Treaty)

The Solution – The Cybercrime Convention Defines key terms Provides an overview of substantive offences Describes procedural requirements

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

Cybercrime Convention Only multilateral treaty for cybercrime Already implemented in many countries Others taking into consideration to become Party Used as Model Law Tools for LEA [investigate & evidence collection] Flexible mechanisms to avoid conflicts with national legislations and proceedings [sovereignty – options] Set a global trend for better cybercrime laws Global standard

Cybercrime Convention Enable & Facilitate International Cooperation by: Harmonise substantive cyber crime law; Harmonise procedural law - investigative powers [evidence collection]; International Cooperation in Fighting Cyber Crime.

Substantive Criminal Law The convention seeks to establish common minimum standards of relevant offences Prevent criminals operating from jurisdiction with lower standards Facilitate international co-operation

Structure/Framework

Definitions & Substantive provisions: Illegal access Illegal Interception Data Interference System Interference Misuse of Devices Computer Forgery & Fraud Child Pornography Intellectual Property Rights Aiding Abetting Corporate Liability

Procedural Provisions Powers Procedures Collection of Evidence Conditions & Safeguards Expedited preservation: –stored computer data –and partial disclosure of traffic data

Procedural Provisions Production Order (specified data / subscriber info) Search & Seizure of stored computer data Real Time Collection of Traffic Data Interception of Content Data Jurisdiction

International Cooperation Default Extradition Legal Mutual Assistance Spontaneous Information Confidentiality and limitation on use Expedited preservation of stored computer data Expedited disclosure of preserved traffic data Mutual assistance regarding –accessing of stored computer data –access to real-time collection of traffic data –interception of content data 24/7 Network

Followed? Ratifications Model Laws: –Commonwealth Model Law –BSA Model Law Model Law for Regional frameworks Model Law itself / Best Practice Basis for Bilateral Cooperation UK RATIFICATION – 25 May 2011

2011 OCTOPUS Interface Conference (21-23 November 2011)

Results of the Octopus Conference Need to: Implementation of the Cybercrime Convention on Cybercrime worldwide Strengthen legislation and its implementation Train law enforcement, prosecutors and judges Establish high –tech crime and other specialist units Make international cooperation more efficient Improve public/private cooperation, and multi- stakeholder cooperation Enhance the protection of children

Global Project on Cybercrime Output 1: Legislation & policies Strengthen legislation (Nigeria, Uganda, Argentina, Vietnam, India, Pakistan, Sri Lanka, Bangladesh, Mauritius etc) Promote ratifications/accession to Cybercrime Convention Promote Cybercrime Convention as global instrument Initiate global review of legislation

Plans Output 2: International Cooperation Strengthen effectiveness of MLA Study Implications of cloud computing on law enforcement

Plans Output 3: Investigation: LEA – ISP Cooperation Country specific workshops and support Output 4: Training Judges and prosecutors India, Egypt, Portugal, Pakistan, Sri Lanka, Bangladesh, Mauritius Global Prosecutors E-Crime Network (GPEN)

Five reasons for becoming a partner 1.Common objectives 2.Cost effective participation in a global capacity building effort 3.Public – private cooperation 4.Up to date information on development worldwide 5.Reputational benefits and visibility

2011 OCTOPUS Interface Conference (21-23 November 2011)

KEY Commonwealth Model Law

For Further Information Contact Contact : Alexander Seger Tel:

Questions? Zahid Jamil