1 UNODC and CYBERCRIME December 2010. 2 Cybersecurity Constitutes the protection against all forms of cyber incidents by strengthening the safety.

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UNODC

and

CYBERCRIME

December 2010

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Cybersecurity

Constitutes the protection against all forms of cyber incidents by strengthening the safety of the critical information infrastructure on which critical sectors depend and securing the networks and services which serve the day-to-day needs of users

Ranging from the security of mobile devices to security aspects of network controlled critical infrastructure.

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Cybercrime

Refers to criminal activity where a computer or network is the source, tool, target, or place of crime.

Poses threats not only to the confidentiality, integrity, or availability of computer systems, but also to the security of critical infrastructure

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Solutions Solutions are as broad as the topic is

diverse Ranging from:

technical solutions education of users

legal measures

capacity building

international cooperation

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Legislation

Legislation plays an important role when prevention strategies fail

States will refer to means of criminal law to enable investigation of acts of cybercrime

Without adequate criminalization, law enforcement agencies will not be able to carry out investigations and identify those who put security at risk

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Criminalization

•There is an ongoing debate on the scope of acts to be criminalized

• Diverse challenges to criminalization being faced by countries all over the world

• Need for harmonization of criminalization provisions to facilitate international cooperation

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Developing Countries

Challenges - not only relevant for developed countries but also developing countries

In 2005 the numbers of Internet users in developing countries surpassed the number of users in developed countries

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UNODC Mandates

UN Convention Against Transnational Organized Crime

Resolutions of the: •General Assembly•ECOSOC•Crime Commission•Crime Congress

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1) Cybercrime as “Serious Crime”1) Cybercrime as “Serious Crime”

The most common forms of computer-related crimes fall within the definition in UNTOC as they are:

1. Transnational in nature

2. Involve an organized criminal group

3. Committed with the aim of achieving material or financial benefit

UNTOC

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2) Links between Cybercrime and 2) Links between Cybercrime and Organized CrimeOrganized Crime Traditional organized criminal groups Traditional organized criminal groups

adopting internet-related activitiesadopting internet-related activities Clear links between the most common Clear links between the most common

cybercrimes and organized crimecybercrimes and organized crime Examples: child pornography, identity-Examples: child pornography, identity-

related crime committed online, denial-of-related crime committed online, denial-of-service attacksservice attacks

UNTOC

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3) Transnational Dimension3) Transnational Dimension

Cybercrime very often has a transnational dimension: Due to: underlying network architecture and

global availability of services (e-mail provider / hosting provider)

Essential to promote effective international cooperation in real time

UNTOC

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Article 2 and PaedophiliaArticle 2 and Paedophilia The interpretative note to article 2 of UNTOC The interpretative note to article 2 of UNTOC

indicates that the aim of obtaining a financial or indicates that the aim of obtaining a financial or other material benefit could be interpreted other material benefit could be interpreted broadly to include crimes in which predominant broadly to include crimes in which predominant motivation may be sexual gratification.motivation may be sexual gratification.

This would include;This would include;1. Receipt or trade of materials by 1. Receipt or trade of materials by

members members of child grooming rings,of child grooming rings,2. The trading of children by members of 2. The trading of children by members of paedophile rings, orpaedophile rings, or3. Cost sharing among ring members.3. Cost sharing among ring members.

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UNTOC Article 29UNTOC Article 29 Requires parties to develop specific training Requires parties to develop specific training

programmes for law enforcement personnel programmes for law enforcement personnel (including prosecutors and investigating (including prosecutors and investigating magistrates)magistrates)

Subparagraph (h) states that such programmes Subparagraph (h) states that such programmes shall deal with:shall deal with:

1. Methods used in combating 1. Methods used in combating transnational transnational organised crime through the organised crime through the use of use of computers,computers,

2. Telecommunications networks, or2. Telecommunications networks, or3. Other forms of modern technology.3. Other forms of modern technology.

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(A/RES/64/211) - March 2010(A/RES/64/211) - March 2010

UN GA adopted a resolution on the Creation of a Global Culture of Cybersecurity

Call for countries to: “13. Review and update legal authorities including those related to cybercrime, privacy, data protection, commercial law, digital signatures and encryption that may be outdated or obsolete as a result of the rapid uptake of and dependence upon new information and communications technologies, and use regional and international conventions, arrangements and precedents in these reviews.”

GA Resolutions

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(A/RES/64/179) (A/RES/64/179) Mandate on strengthening the United Nations

Crime Prevention and Criminal Justice Programme, in particular its technical cooperation capacity

The Assembly drew attention to emerging crime policy issues, including cybercrime, and invited UNODC to explore within its mandate ways and means of addressing those issues

GA Resolutions

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ECOSOC ECOSOC ResolutionsResolutions

United Nations study on fraud and the criminal misuse and falsification of identity released in 2007 (res 2004/26)

Establishment of a consultative platform to examine related issues (res 2007/20) Group of experts to meet for 5th time on 6-8

December 2010 Development of tools and research papers/manual

(res 2009/22)

Identity-related crime committed online

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2010 Crime 2010 Crime Congress Congress

• Recommended that UNODC should continue to cooperate with relevant organizations to provide technical assistance and capacity building; and

• The development of an action plan for capacity-building at the international level be also considered.

Salvador DeclarationSalvador Declaration

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2010 Crime Commission (CCPCJ)

CCPCJ requested to conduct comprehensive study:

“ …consider convening an open-ended intergovernmental expert group prior to the twentieth session of the Commission. This expert group should conduct a comprehensive study of the problem of cybercrime and responses to it by member States, the international community and the private sector, including the exchange of information on national legislation, best practices, technical assistance and international cooperation, with a view to examining options to strengthen existing and to propose new national and international legal or other responses to cybercrime.”

Resolution will be adopted by the General Assembly (December 2010

session) on the recommendation of the Economic and Social Council

Date for the first meeting of this group set for 17 – 21 January 2011

E/CN.15/2010/20 – May 2010E/CN.15/2010/20 – May 2010

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Why UNODC?Why UNODC? Only global intergovernmental body working in crime Only global intergovernmental body working in crime

prevention and criminal justiceprevention and criminal justice

Mandate to implement the UNTOCMandate to implement the UNTOC

Comparative advantages through specialized technical Comparative advantages through specialized technical competence, operational capacity and long term competence, operational capacity and long term expertise in crime prevention, criminal justice and the expertise in crime prevention, criminal justice and the rule of lawrule of law

Unique position through ability to promote international Unique position through ability to promote international cooperation, specific focus on the developing world, role cooperation, specific focus on the developing world, role as an honest-broker with a multilateral platform and as an honest-broker with a multilateral platform and extensive network of field offices extensive network of field offices

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UNODC Assistance

UNODC is able to explore, along with countries, the feasibility of providing assistance to address computer-related crime under the aegis of the United Nations and in partnership with other similarly-focused organizations

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UNODC ObjectivesUNODC Objectives Focus of efforts on the developing worldFocus of efforts on the developing world No attempt to duplicate or re-invent the wheelNo attempt to duplicate or re-invent the wheel Instead: UNODC will look to use/build on/adapt what Instead: UNODC will look to use/build on/adapt what

currently exists, and icurrently exists, and involve experts and institutions nvolve experts and institutions which have already developed and delivered tools and/or which have already developed and delivered tools and/or training to combat cybercrimetraining to combat cybercrime

Ensure partnerships with other stakeholders such as Ensure partnerships with other stakeholders such as Interpol, Europol, CoE, ITU, EU, UN Member states, Interpol, Europol, CoE, ITU, EU, UN Member states, and, equally, members of the private sector (such as and, equally, members of the private sector (such as software companies, and Internet service providers - software companies, and Internet service providers - ISPs)ISPs)

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Proposed Program on CybercrimeProposed Program on CybercrimeObjective - to assist developing countries to combat cybercrime

Proposed framework: Legislative assistance: Assist Member States in legislative drafting and

adoption of adequate legislation based on country-specific demands and applicable instruments;

Capacity building (longer-term and sustainable): Build operational and institutional capacity of law enforcement and judicial bodies in relation to investigation, prosecution, and adjudication of serious crimes, provide training, and improve international cooperation and exchange between law enforcement authorities, including mutual legal assistance;

International cooperation mechanisms; Broad-based policy & strategy development including internet-based private

sector companies and civil society. A particular component to target the misuse of ICTs for child sexual abuse

and exploitation in developing countries. Mobilize and raise awareness of civil society.

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For further information:

United Nations Office on Drugs and CrimeVienna International Centre

PO Box 500, A-1400 Vienna, AustriaTel: +43-1-26060-4084

Fax: +43-1-26060-7-4084http://www.unodc.org/unodc/en/

organized-crime/[email protected]

THANK YOU