1. 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

2. The Crown Prosecution Service

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

4. The Convention on Cybercrime http://conventions.coe.int/Treaty/en/Treaties/html/1 85.htm http://www.coe.int/t/dghl/cooperation/economiccrim e/cybercrime/T-CY/Default_TCY_en.asp

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

6. 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

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

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

9. The Internet as Enabler of Crime

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

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

13. Identity Theft

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

15. Free Cheese

16. Phishing

17. Harm To Individuals Critical Infrastructure Social Economic

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

19. Perpetrators

20. Hactivism

22. The language of IRC EG OIC LOL ROTFL IANAL LART FIIK

23. Industry

24. Features of Cybercrime Nature Volume Location

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

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

27. Evidence

28. 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

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

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

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

32. Articles 4 and 5 Data and system interference

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

34. 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

35. NOT PROTECTIVELY MARKED Dark Market NOT PROTECTIVELY MARKED

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

37. JiLSi and Devilman

38. Article 9 Child Pornography Production, Distribution, Possession

39. Operation Ore

40. Article 10 Copyright Infringement

41. 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

42. 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

43. 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

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

45. 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

46. 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

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

48. Conclusion Russell Tyner Crown Prosecution Service Organised Crime Division London +44(0)203 357 0614 Russell.Tyner@cps.gsi.gov.uk