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

2. Cybercrime as a Global Challenge

3. 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

4. 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

5. 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

6. Criminalization
Procedures
Electronic evidence
Jurisdiction
Service Provider Liability
International Cooperation

7. 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)

8. 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

9. 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

10. 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

11. 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

12. 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 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

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

16. 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

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