UNODC & the Global Response to Cybercrime Organized Crime & Illicit Trafficking Branch Division of Treaty Affairs

Cybercrime as a Global Challenge

Transnational Dimension Transnational dimension due to underlying network architecture & global availability of services Essential to promote effective international cooperation in as close to real time as possible However, international cooperation only part of the solution. Also need technical solutions, education of users, legal measures & capacity building at national level

Cybercrime Legislation and Cross-National Frameworks When prevention strategies fail, legislation plays an important role in clearly delineating the nature and extent of the criminal justice response to cybercrime and in enabling international cooperation To date, cybercrime primarily addressed through national legislation and cross-national frameworks (binding and non- binding), including Arab League Model Cyber Law, Commonwealth Model Law on Computer and Computer- related Crime, ECOWAS Directive, cooperation agreement between CIS countries on computer crimes, Council of Europe Convention on Cybercrime, EU Legislation

Cybercrime Legislation Legislation is not just limited to criminalization. Review of cross-national instruments suggests that important areas for legislation include: Substantive criminal law Jurisdiction Procedure and law enforcement investigative measures Electronic evidence Liability of internet service providers International cooperation These areas are addressed to different extents by cross-national instruments and national laws Cross-national legal frameworks are important for providing a common basis for understanding of criminalization and mechanisms for international cooperation

Criminalization Procedures Electronic evidence Jurisdiction Service Provider Liability International Cooperation

Links between Cybercrime & Organized Crime Definition of organized crime in the United Nations Convention against Transnational Organized Crime (UNTOC) Modalities of involvement of organized crime All cybercrime acts Acts not involving organized crime Lone individuals Loose associations not meeting UNTOC definition [Acts perpetrated by states] Acts involving organized crime To coordinate activities and enhance commission of other offences Specific aim (eg child pornography, identity-related crime)

Cybercrime and UNTOC Some (perhaps many) forms of cybercrime fall within the definition of UNTOC as they are: Transnational in nature Involve an organized criminal group Committed with the aim of achieving material or financial benefit Relevant articles of UNTOC for cybercrime include: Article 29 (Training and technical assistance) (h) …Methods used in combating transnational organized crime committed through the use of computers, telecommunications networks or other forms of modern technology Article 27 (Law enforcement cooperation) (3) …endeavour to cooperate within their means to respond to transnational organized crime committed through the use of modern technology

UNODC Mandates in Cybercrime UN Convention against Transnational Organized Crime Recent Parliamentary Resolutions at the International Level GA RES 64/211 – Creation of a Global Culture of Cybersecurity GA RES 64/179 – Invited UNODC to explore ways & means of addressing emerging policy issues, including cybercrime GA RES 65/230 –Requested UNODC to build capacity of national authorities in order to deal with cybercrime (including the prevention, detection, investigation & prosecution of such crime, & to enhance the security of computer networks) CCPCJ Res 20/8 – Reiterated need to strengthen cooperation with Member states & relevant organizations, including private sector, on combating cybercrime ECOSOC Res 2011/33 – Requested UNODC to carry out a study on the effects of new information technologies on the abuse & exploitation of children & to assess training needs of States

UNODC Objectives Comparative advantage as only intergovernmental organization working on crime prevention & criminal justice at global level with specialized technical competence, operational capacity & long-term expertise in crime prevention, criminal justice & the rule of law. Access to global network of regional, country & project offices. In light of growing number of internet users in low & middle income countries, focus of efforts on developing countries through development of thematic programme Approach of using, building on, or adapting current good practice approaches Holistic approach covering criminal justice, prevention & awareness raising, regional & international cooperation & data collection, research & analysis Work through partnerships with other stakeholders including ITU, Interpol, OSCE, EU, Europol, Council of Europe, Member states, academia & private sector

UNODC/ITU Global Activities Assessment Of institutional capacities & national normative frameworks in the fight against cybercrime Technical Assistance Including provision of equipment, software & training for law enforcement agencies, & review of legislation & support to legal drafting based on country-specific requests & applicable instruments Capacity Building Development of institutional capacities, covering legal as well as technical aspects of combating cybercrime, delivered in cooperation with academic institutions

Background to the Comprehensive Study Within preparatory meetings for the 11th Crime Congress in 2005 a number of Member States called for a UN Convention on Cybercrime but no decision to initiate such a process All four regional preparatory meetings of the 12th Crime Congress in 2010 called for the development of an international instrument. The Salvador Declaration 2010 and GA Res 65/230 requested the Commission on Crime Prevention and Criminal Justice to establish an open-ended intergovernmental expert group on the problem of cybercrime and responses to it Intergovernmental expert group agreed a list of 13 topics for inclusion in the study as well as a methodology for preparation of the study

Comprehensive Study 2011-2013 Comprehensive study Private sector questionnaire Intergovernmental organizations & academia questionnaire Member state questionnaire Comprehensive study Other material & consultations

Comprehensive Study – Next Steps January 2012: Finalization of the questionnaire and dissemination to Member States, the private sector, IGOs and academia End April 2012: Deadline for receipt of responses to the questionnaire April 2012: Chair of the Expert Group to report to the Crime Commission on progress July 2012: Second meeting of the Expert Group and presentation of preliminary results July- December 2012: Drafting and finalization with a view to presentation of the study to the Crime Commission in April 2013

Thank you steven.malby@unodc.org cybercrime@unodc.org