Дата : 22.04.2005 Тема : UN Congress - Workshop on Combating Cybercrime
UNITED NATIONS INFORMATION SERVICE VIENNA (UNIS)
For information only - not an official document
22 April 2005
Committee II
9th Meeting (PM)
CRIMINALIZATION OF COMPUTER WRONGDOING PREREQUISITE
FOR COMBATING CYBERCRIME, WORKSHOP TOLD
Speakers in Crime Congress Workshop Address Evolving Nature
Of Cybercrime, Digital Divide, Harmonization of Laws, Cooperation with
Private Sector
Crime had grown so fast in the "bottomless world of cyberspace" that legal
and law enforcement bodies should "step up to the plate", the keynote
speaker of a workshop on measures to combat computer-related crime told the
Second Committee of the Eleventh United Nations Congress on Crime
Prevention and Criminal Justice this afternoon.
Kraisorn Pornsutee, Permanent Secretary, Ministry of Information and
Communication Technology, Thailand, went on to say that a prerequisite for
combating computer-related crimes was to criminalize acts of computer
wrongdoing. Attitudes, however, varied greatly from country to country as
to what constituted a nuisance and what was a crime. The next crucial
element of any international effort against cybercrime was to facilitate
technology transfer and engage in capacity-building. Legal and technology
experts needed to cooperate closely without any barriers whatsoever. The
digital divide between the legal and technical matters needed to be closed
at the national, regional and global levels to effectively put up a fight
against what was essentially a global crime wave.
Panellists this afternoon addressed matters of the evolving nature of
computer-related crimes, the digital divide, technical assistance,
cooperation with the private sector and the harmonization of law. A number
of case studies in international cooperation were also presented.
One of the panellists, Professor Peter Grabosky of the Australian National
University, said digital technologies now provided ordinary citizens with
the capacity to inflict massive harm. He described three trends in computer
crime: sophistication, commercialization and integration. Sophistication
meant the greater skill and capacity that criminals brought today. Crime
followed opportunity, and development would attract new crime. One such
area was wireless networks. Regarding commercialization, he said hackers
now offered their services on a fee-for-service basis, in other words,
"hackers for hire". Integration meant the combination of different criminal
acts in furtherance of the same criminal enterprise.
He said that, as of now, there had not been any catastrophic successes in
the area of cyber terrorism -- attacks against computers and networks to
intimidate or coerce a government or its people in furtherance of political
or social objectives. For the time being, terrorists preferred truck bombs
to logic bombs. The Internet was an ideal medium for propaganda, however,
and digital technology was ideal for psychological warfare. In order to
control cybercrime, it was important to strive for harmonization in
criminal law to develop a seamless mutual assistance framework. Technology
would continue to grow and, as it did, new criminal opportunities would be
created. Those who failed to anticipate the future were in for a huge shock
when it arrived.
Gareth Sansom, Director, Technology and Analysis, Criminal Law Policy
Section, Department of Justice, Canada, addressing the subject of the
"digital divide", said there had been progress over the past decade, and
the gap was gradually closing. All things being equal, however, it would
take decades for countries at the bottom of the divide to reach the status
of the countries in the middle. There were distinct patterns of
vulnerability for cybercrime. Countries at the lower end of the digital
divide were used as staging grounds to launch attacks.
Amanda Hubbard, Trial Attorney, Computer Crime and Intellectual Property
Section, Department of Justice, United States, provided a case study in
which speedy cooperation was required regarding a kidnapping case in South
Africa in order to track down the perpetrator who was using an e-mail
address. Thanks to innovative technical assistance at the Internet service
provider, the kidnappers were apprehended and the victim was freed.
Cyberspace moved much faster than human beings, she said. Speed was key
when saving property or lives. Other important lessons included not
neglecting traditional law enforcement techniques; building relationships
between police forces, prosecutors and judges; and cooperating with the
private sector.
Ioana Albani, Chief, Prosecutor's General Office Attached to the High Court
of Cassation and Justice, Romania, described the evolution in Romanian law
regarding cybercrime. She said there were difficulties in finding the right
jurisdiction, for instance the place where the crime was committed
(Romania) and the place where the crime produced its results (at that time
almost always in the United States). She stressed that Romania, even
without the necessary resources, had answered and was still answering
international requests for legal assistance.
Hamish McCulloch, Assistant Director, Interpol General Secretariat,
explained how the Interpol child abuse image database was used to identify
the victims and perpetrators of child pornography. He provided examples of
several cases in which the use of the database had resulted in the
identification of children and conviction of the offender. While it was not
an offence in many countries to possess images of child abuse, it was,
however, an offence to abuse a child. Investigations focused on the
prosecution of distributors of images. Law enforcement needed to shift its
focus to the identification of victims.
In the ensuing interactive dialogue, representatives explained how their
own countries dealt with computer-related crimes and the difficulties
encountered therein. They stressed the importance not only of international
cooperation but also of training of law enforcement personnel, judges,
prosecutors and lawyers in the complex issue of cybercrime. They asked how
training could be best provided, and how Interpol and the United Nations,
in particular the United Nations Office on Drugs and Crime could be helpful
in that regard.
Participating in the discussion were the representatives of Ukraine,
Austria, Libya, France, Spain, United Kingdom, Argentina, Canada, Morocco
and Chile.
Individual experts Christopher Ram and Ehab Elsonbaty also spoke, as did
representatives of Microsoft and the World Federation of Scientists.
The workshop was organized by the Korean Institute of Criminology, whose
President, Taehoon Lee also addressed the Second Committee.
Background
Committee II of the Eleventh United Nations Congress on Crime Prevention
and Criminal Justice held a workshop this afternoon on the theme "Measures
to combat computer-related crimes".
A background paper (document A/CONF.203/14) highlights the challenges posed
by computer-related crimes, or "cybercrime", and contains a number of
recommendations. According to the paper, the worldwide proliferation of new
information and communication technologies has given rise to more forms of
computer-related crime, which pose threats not only to the confidentiality,
integrity or availability of computer systems, but also to the security of
critical infrastructure. Technological innovation gives rise to distinct
patters of criminal innovation. Different threats from computer-related
crimes mirror, therefore, differences across the spectrum of the so-called
"digital divide".
When combating such crimes, a number of forensic problems challenge
investigators, prosecutors and judges. Effective investigation and
prosecution of computer-related crime often require tracing criminal
activity through a variety of Internet service providers or companies,
sometimes across national borders, which may result in difficult questions
of jurisdiction and sovereignty. Computer-related crime, therefore,
necessitates international cooperation, which requires countries to be
equipped with the necessary legal, procedural and regulatory tools. A
number of regional and interregional efforts have been undertaken in recent
years, leading to several significant accomplishments. In order to bring
those efforts to fruition, it is necessary to support a wide range of
research on the various aspects involved in combating computer-related
crime to foster an active partnership between government and the private
sector.
The four regional preparatory meetings for the Congress proposed a number
of recommendations, including: to examine current experience and existing
national legal frameworks and arrangements for cooperation between States,
as well as between States and Internet providers; to examine ways to
promote cooperation between governments and the private sector; to explore
ways of enhancing the capacity of governments to develop special
investigative techniques; to deal with the use of computer technology in
exploiting women and children, especially pornography and paedophilia; to
examine the feasibility of establishing a global Internet task force; and
to consider proposing the negotiation of a new convention against
computer-related crime.
Computer-related crime includes theft of telecommunications services or
computer services by using hacking techniques. Servers and websites could
be targets of denial-of-service attacks, viruses and worms. Computers were
also used as instruments to commit crime, such as modification of data,
electronic vandalism, forgery and counterfeiting, information piracy,
industrial espionage and copyright infringement. There were many types of
computer-related crime involving attacks on banks or financial systems, as
well as fraud involving transfer of electronic funds. Other problems
involve telemarketing and "phishing" or spoofing spam. Existing offences
such as extortion and harassment are also carried out online. In recent
years, increasing attention has been devoted to the relation between
terrorism and the Internet, as the Internet was being used to facilitate
terrorist financing and as a logistics tool for planning terrorist acts.
The working paper contains some recommendations, including a broad,
inclusive focus to address problems of cybercrime, going beyond criminal
law, penal procedures and law enforcement. International cooperation at all
levels should be developed further. All States should be encouraged to
update their criminal laws as soon as possible in order to address the
particular nature of computer-related crimes. Governments, the private
sector and non-governmental organizations should work together to bridge
the digital divide, raise public awareness about computer-related crime and
to enhance the capacity of criminal justice professionals.
The working paper further recommends that attention should be devoted to
establishing, improving and broadening the current practical tools for
international information sharing, and early warning systems, using
Interpol, alert mechanisms of the Group of Eight, the Convention on
Cybercrime, Computer Emergency Response Teams (CERTs) and the Forum of
Incident Response and Security Teams (FIRST). Computer-related crime policy
should be evidence-based and subject to rigorous evaluation to ensure
efficiency and effectiveness.
SLAWOMIR REDO of the United Nations Office on Drugs and Crime introduced
the background paper.
Welcoming Remarks
TAEHOON LEE, President, Korean Institute of Criminology , said the rapid
growth and globalization of information technologies had dramatically
changed the way people communicated. Millions of people paid bills,
consulted professionals, conducted research and made connections with
family and friends in cyberspace. As cyberspace continued to become an
integral part of life, cybercrime or computer crime posed new challenges to
the criminal justice system. The global nature of cybercrime raised
difficult legislative problems of jurisdiction as criminals used offshore
servers and Internet sites to avoid domestic regulations. Crime in
cyberspace, such as cyberterrorism, cyber-money-laundering, cybergambling,
Internet fraud and cyberstalking, could occur instantaneously, and
offenders targeted victims in other countries where the offence was not
easily detected.
The seriousness of cybercrime was reflected in the fact that cyberspace had
become the target of terrorists and organized crime groups, he said.
Unfortunately, there were few bilateral or multilateral treaties or
conventions addressing important cybercrime issues. The Council of Europe
Convention on Cybercrime was the first international treaty on the subject.
The Korean Institute of Criminology was a government-sponsored research
institute tasked with analysing trends, causes and consequences of crime
and providing control measures and preventive policies. The Institute's
primary goal was to assist in the Government's criminal justice policy
formulation through research. He hoped the workshop would serve as a
valuable forum to promote international operation on crime prevention and
crime control.
Keynote Address
KRAISORN PORNSUTEE, Permanent Secretary, Ministry of Information and
Communication Technology, Thailand , said the workshop had been organized
to find ways to combat computer-related crimes. For that, a prerequisite
was to criminalize acts of computer wrongdoing. Attitudes varied greatly
from country to country as to what constituted a nuisance and what was a
crime. For example, in Thailand, lese-majesty was considered to be a crime
of the most serious magnitude. In some jurisdictions, it was an act that
fell under freedom of speech. That was but one example of the task in
reconciling internationally what was to be considered a crime.
He said the next crucial element of any international effort against
cybercrime was to facilitate technology transfer and engage in
capacity-building. Information and communication technology had developed
at a breakneck speed. Legal and technology experts needed to cooperate
closely without any barriers whatsoever. The digital divide between the
legal and technical matters needed to be closed at the national, regional
and global levels to effectively put up a fight against what was
essentially a global crime wave. In his country, his Ministry was the
spearhead in the effort to bridge the digital divide. And its network
reached into the smallest village. Crime had grown so fast in the
"bottomless world of cyberspace" that legal and law enforcement bodies
should step up to the plate.
Recent Trends in Cybercrime
PETER GRABOSKY, Professor, Australian National University , said digital
technologies now provided ordinary citizens with the capacity to inflict
massive harm. The uptake of digital technology was uneven around the world.
What was happening in Country A on one side of the digital divide would
happen next year in Country B on the other.
He described three trends in computer crime, namely sophistication,
commercialization and integration. Sophistication meant the greater skill
and capacity that criminals brought today. The speed with which viruses
travelled the world was much more rapid today, and it was possible to
produce perfect imitations of legitimate websites, using them to infect
visitors and steal credit card information. The term "phishing" was used
for the practice of sending messages that He described three trends in
computer crime, namely sophistication, commercialization and integration.
Sophistication meant the greater skill and capacity that criminals brought
today. The speed with which viruses travelled the world was much more rapid
today, and it was possible to produce perfect imitations of legitimate
websites, using them to infect visitors and steal credit card information.
The term "phishing" was used for the practice of sending messages that
appeared to be from a legitimate source to a criminal site. Crime followed
opportunity, and development would attract new crime. One such area was
wireless networks. "War driving" meant driving around in a motor vehicle
with an antenna to locate access points.
Regarding commercialization, he said that legitimate electronic commerce
provided opportunities to exploit that commerce. Hackers now offered their
services on a fee-for-service basis, in other words, hackers for hire.
Integration meant the combination of different criminal acts in furtherance
of the same criminal enterprise. Extortion included communicating a threat
electronically, targeting information systems, demanding payment in digital
form and using digital technology to collect intelligence about victims.
Cyberterrorism referred to unlawful attacks against computers and networks
to intimidate or coerce a government or its people in furtherance of
political or social objectives, he continued. There had been no
catastrophic successes yet, however. For the time being, terrorists
preferred truck bombs to logic bombs. Terrorists could send and receive
message aided by encryption. Digital technology was good for collecting
information. The Internet was an ideal medium for propaganda. Digital
technology was also ideal for psychological warfare, projecting images of
hostage executions with profound impact.
The challenge for lawmakers was to differentiate between the legitimate
uses of cyberspace from communications directly in furtherance of
terrorism, he said. To control cybercrime it was important to strive for
harmonization in criminal law to develop a seamless mutual assistance
framework. Technology would continue to grow and, as it did, new criminal
opportunities would be created. Those who failed to anticipate the future
were in for a huge shock when it arrived.
Digital Divide and Cybercrime
GARETH SANSOM, Director, Technology and Analysis, Criminal Law Policy
Section, Department of Justice, Canada , said the term "digital divide"
invoked the idea of a gap between the haves and have-nots, in this case
linked to information and communication technology. The digital divide
brought to mind differences in the capability to use information and
communication technology between different groups. "Infostate" was an
indicator that comprised different elements that constituted how
individuals and organizations communicated, as well as how information
might be acquired, as well as the education level within a country that
enabled people to use information and communication technology. There had
been progress over the past decade, and the gap was gradually closing. All
things equal, however, it would take decades for countries at the bottom to
reach the status of the countries in the middle.
He said the widespread adoption of computer networks had realized dividends
in the economic area. There were, however, also distinct patterns of
vulnerability for cybercrime. Countries at the lower end of the digital
divide were used as staging grounds to launch attacks. Emerging information
and communication technology infrastructure was disproportionately
vulnerable to attacks.
The type and scale of computers and networks were different for corporate
and consumer groups. A monolithic response to cybercrime was, therefore,
not viable. Consumers had become vulnerable to telemarketing fraud,
phishing and online auction fraud.
The matter of computer viruses was another issue. One class of those
viruses was called "worms". Worms were independently replicating and
autonomous, seeking out their own targets. Some types of worms replicated
too fast for human intervention. They would require an automated defence.
Some worms showed high penetration in countries with a high infostate, more
so than in countries with low infostate density, and vice versa.
He said worm infections occurred mostly in the most advanced countries.
Developing countries saw an explosion of usage of mobile phones. There was
now a new virus that specifically infected mobile telephones and that virus
was spreading primarily in developing countries. Some virus infections
might only be a staging ground for another type of attack. Fast worms
became a new tool for committing cybercrime and opened a window of
opportunity for other crime. Those new uses of worms might expose
developing countries to new threats at the same time that they sought to
adopt information and communication technology.
Case Studies in International Cooperation
AMANDA HUBBARD, Trial Attorney, Computer Crime and Intellectual Property
Section, Department of Justice, United States , provided a case study,
noting that, on 16 July, the United States Department of Justice received
an emergency request for assistance from a Federal Bureau of Investigation
(FBI) attache in South America. The federal police reported that a woman
had been kidnapped. They requested assistance from the Justice Department
to track down the individual who was using an e-mail address. The user
could have been anywhere in the world, but had chosen an Internet service
provider that provided free mail access as it was easy and fast. By midday
that day, the attache had obtained the address for the Internet service
provider e-mail account and set up a trap and trace order on the account.
Later that day, the Department of Justice contacted a United States
district court to let it know they needed a "pen trap" order. A judge had
been asked to stay late so that, when the information arrived, he would be
able to help find the victim.
Two hours later, the Justice Department had obtained the order, she said.
The FBI agents in the field office where the service provider was located
began monitoring traffic immediately for any information they could find.
Innovative technical assistance at the Internet service provider found a
way to link the address with a beaconing device so that he could be
notified within seconds of a perpetrator logging into the account. The
federal police in the participating country also used other methods to
search for the kidnappers. The following morning, the targets of the
investigation accessed the e-mail account. The police received the Internet
protocol address and placed a trace that showed that the account was being
accessed from a South American country. While it could have been anywhere
in the world, because of online real-time investigative efforts they had
been able to find out that the person was in the country. They worked with
a local service provider to follow up on trace information provided by the
FBI, closing in on where the kidnappers were checking the account. The
police moved in and were able to free the victim, who was elderly and in
bad health. Swift action on the part of all saved her life.
Cyberspace moved much faster than human beings, she said. Speed was key
when saving property or lives. Other important lessons included not
neglecting traditional law enforcement techniques; building relationships
between police forces, prosecutors and judges; and cooperating with the
private sector.
IOANA ALBANI, Chief, Prosecutor's General Office Attached to the High Court
of Cassation and Justice, Romania , said a lack of resources had led to the
failure of investigations into the first cases of Internet fraud reported
in Romania. In 2000, the authorities had decided to establish an office for
the investigation of computer-related crimes in the Prosecutor's General
Office Attached to the High Court of Cassation and Justice. When
investigating the first cases, a first criminal charge was established,
that of fraud. Regardless of the environment, those criminal actions were
considered deception, and the first cases were filed by using charges of
fraud, forgery or identity theft, and several people were convicted.
There were difficulties in finding the right jurisdiction, she continued.
Was it that place where the crime was committed (Romania) or the place
where the crime produced its results (at that time almost always in the
United States)? With the support of the legal attache of the United States
Department of Justice, a new modus operandi was established to meet
standards required by the Romanian courts. Romania had signed the Budapest
Convention on Cyber Crimes in 2001, and legislative measures had been taken
to counter cybercriminality. An inter-ministerial working group, joined by
representatives of civil society and Internet providers, was established.
In 2002, there was a boom in information and communication technology, as
well as a boom in complaints about fraud committed by Romanians on the
Internet, she said. The Romanian Parliament had adopted special legislation
on electronic commerce. It was now criminal to forge electronic payments.
The new law offered law enforcement agencies an instrument sufficient for
prosecution. In April 2003, a law on countering cybercriminality had been
adopted that criminalized several acts against the integrity and
confidentiality of information technology data. Child pornography was also
addressed. Through the law, a special department within the Prosecutor's Ge
In 2002, there was a boom in information and communication technology, as
well as a boom in complaints about fraud committed by Romanians on the
Internet, she said. The Romanian Parliament had adopted special legislation
on electronic commerce. It was now criminal to forge electronic payments.
The new law offered law enforcement agencies an instrument sufficient for
prosecution. In April 2003, a law on countering cybercriminality had been
adopted that criminalized several acts against the integrity and
confidentiality of information technology data. Child pornography was also
addressed. Through the law, a special department within the Prosecutor's
General Office Attached to the High Court of Cassation and Justice had been
established, with the duty to answer international information requests
regarding cybercrime. Also, the police had established a special service
within their General Inspectorate.
The Romanian Public Ministry and Inspectorate of Police ran a website to
communicate in an accessible language with the computer community. It
disseminated information on legislation in the field, gave warnings,
received complaints, and provided statistics, as well as a forum for
discussion. Regarding international cooperation, she said that Romania,
even without the necessary resources, had answered and was still answering
international legal assistance requests. Her country had ratified the
European convention on cybercriminality in 2004.
HAMISH McCULLOCH, Assistant Director, Interpol General Secretariat,
explained how the Interpol child abuse image database was used to identify
the victims and perpetrators of child pornography. The purpose of the
database was to support law enforcement globally. An investigator would
want to know several things, including whether the child was investigated;
where the child was; whether the image was known; and whether the image had
been distributed. Was there evidence in the picture to identify the child?
Since the inception of the database, the number of images had increased.
Individuals in 100 countries were involved in the distribution of the
images. There were some 10,000 to 20,000 victims from more than 14
countries. Interpol received 20 to 30 new requests per month
He then provided examples of several cases in which the use of the database
had resulted in the identification of children and conviction of the
offender. While it was not an offence in many countries to possess images
of child abuse, it was, however, an offence to abuse a child.
Investigations focused on the prosecution of distributors of images. Law
enforcement needed to shift its focus to the identification of victims.
Discussion
CHRISTOPHER RAM, individual expert observer from Canada, asked if,
considering the ever changing nature of cybercrime, technical assistance
materials could be considered, such as the United Nations Manual of
Cybercrime which was last published in 1994. What was the extent to which
crime prevention could be built into new technology? To what extent should
fighting cybercrime be born by the State? In what other way could
technologies be used by authorities to counter cybercrime?
Mr. GRABOSKY said the manual referred to had been produced a long time ago,
and a revision was long overdue.
SCOTT CHARNEY, of Microsoft , said that the private sector had an enormous
role to play. On the proactive side, the information and communication
technology industry had to produce usable technology to ensure that crimes
did not occur. It also had a responsibility to work with law enforcement.
The information technology industry must also provide training for law
enforcement and help in capacity-building.
Mr. McCULLOCH, of Interpol , said his organization used technology in a
number of ways. With the increasing number of videos being circulated with
kidnapping victims, there was a highly secure communication network through
which, for instance, dialects could be tracked down. The analysis of images
was also important in identifying victims. The clue to a country was often
found in a remote corner of the picture, and the moment that was the case,
modern technology could be used to get a response back from a country.
Interpol hoped to develop resource centres of excellence with experts in
various fields.
Mr. SANSOM noted that cases of technical ability to collect digital
evidence required forensics training at the officer level. Computer worms
were sometimes written by programmers in a number of different countries.
When the worm was released, it had spread to dozens of other countries,
launching subsequent attacks. Worms were active, communicating with a
central control point to update them and provide them with new modules.
Ms. HUBBARD (United States ), addressing the issue of assistance, noted
that the International Legal Law Enforcement Assistance Centre in Bangkok
held training sessions.
Mr. REDO said there were a number of projects concerning training. The
United Nations had produced a manual on the control of computer crime in
the 1994. That would need to be more actively followed up. Following the
Congress, the Secretariat would be looking into the issue of technical
assistance.
VALERIY PIDPALY (Ukraine) noted that computer crime was an offence under
his country's criminal code. The criminal code had been amended on numerous
occasions. In 2004, new provisions were added to the code, establishing
that computer crimes would be investigated by the country's Interior
Services. During the recent election, an investigation had been carried out
into the case of a virus causing disruption of the country's computer
system. On 1 January 2005, a new law had entered into force, establishing
liability for cybercrimes. He hoped that the sharing of experience in the
field would promote the introduction of proposals to improve methods to
target cybercrime.
WOLFGANG SPADINGER (Austria ) said he had been both impressed and
frightened by the presentations. It was imperative that the international
community concentrate on the area of technical cybercrime. What were the
major impediments for their investigations and for the prevention of
cybercrime and what could the international community do to overcome those
impediments?
MUSTAPHA M. OMAR DEBARA (Libya ) raised the issue of crime resulting from
the increased use of electronic payments. Many banks were now using such
systems, and there were great weaknesses in the systems. Crime had existed
since the dawn of civilization, and it would be difficult to imagine the
complete suppression of crime. Yet, the fight against crime had been
ongoing. In fighting crime, however, the rights of individuals ultimately
needed to be respected.
Responding to the various questions, Mr. SANSOM said a series of basic
building blocks needed to be in place in order to address the major
impediments, including laws at the domestic level to gather evidence.Mechanisms were also needed at the international level. He also suggested
greater recourse to mutual legal assistance measures.
Also addressing the issue of impediments, Mr. McCULLOCH explained that the
legislation of a number of countries did not permit them to send a picture
for the Interpol database.
Ms. HUBBARD (United States ) stressed the need to develop greater outreach
and partnerships with the private sector since it controlled the vast
majority of critical infrastructure. Without that sector's knowledge and
input, progress would never be made. Sharing resources and training
opportunities was also critical. The International Telecommunication Union
(ITU) had been looking at the issue of harmonization to allow
investigations to proceed faster. The technical aspect of cooperation was
often harder than police cooperation.
Regarding development projects, she said the United States had two outreach
programmes through the World Bank and the United States Agency for
International Development (USAID) that looked at the information security
standards when new telecommunications were going into a country. It was
better to look at security on the front end so that people running the
system would understand the default settings for the software and how to
keep security running.
JEAN-PIERRE VIDON (France ) said cybercrime undermined the security of
individuals, corporations, institutions, and also values. It required a
comprehensive response which required technology and investigation. France
was focusing on awareness-raising. There was also a need to intensify law
enforcement efforts, not only by specialists but by all personnel to
strengthen investigative capacities. It was necessary to monitor the
Internet in order to identify illicit material of a terrorist, paedophile
or racist nature. Technology research centres had to be established in
order to stay a step ahead of offenders.
He said international cooperation must be developed as computer-related
crimes did not take national borders into account. The Convention of the
Council of Europe on Cybercrime had entered into force last year and was
open to third-party States. Four non-European States had signed it. The
Gendarmerie had created a department for the fight against cybercrime with
the task of policing the networks. It also had the task of following up on
any information received from individuals. Also a centre for analysis of
paedophile images had been set up. That centre cooperated closely with
counterparts abroad, especially with Interpol.
GARCIA MODILLO (Spain ) said his country was creating a mechanism to
monitor the use of new technologies by criminals. It also wanted to create
indicators on Internet use. Spain wanted to examine innovative programmes
to stay ahead of the game. He asked whether Interpol had a specific
programme in that regard. He also suggested that UNODC establish a contact
network of experts.
Mr. MCCULLOCH said Interpol had held a major seminar on cybercrime in Lyon,
which had attracted a large number of delegates. Interpol was also
represented within the G-8 group, and it was important to avoid duplication
of effort. The 24/7 call-out system was an example.
KEVIN McNULTY (United Kingdom) asked about the possibility of a computer
crime manual. He also wanted to plug the 24/7 contact network; 39 countries
had joined the network, and the more that did, the better. He wondered
whether a database had already been established.
Mr. REDO said that, in the past, there had been training activities on the
United Nations criminal justice information network. Ten years ago, the
Government of the Republic of Korea had proposed a training course on the
United Nations Criminal Justice Network.
Mr. McCULLOCH said there was a training manual specifically for officers
investigating crimes against children. Interpol also partnered with the
United States Centre of Missing and Exploited Children. Around 800 police
officers had been trained in the last year. The subject of a database had
been mentioned before. It was difficult to keep up to date.
GRACIELA SCARNATI ALMADA ( Argentina ) said it seemed that disparate
efforts needed to be coalesced into one United Nations programme in order
to better monitor the situation. It was like having a number of pearls but
no string. Many countries did not even have legislation on cybercrime. Did
the panel think that one of the United Nations programmes could act as
coordinator for the various efforts?
DANIEL A. MacRURY (Canada ) said that, as a front line prosecutor, he had
experienced that cooperation worked in specific cases, as well as in the
area of training. The 24/7 contact list of the G-8 was crucial, but equally
crucial was to have better contacts with prosecutors worldwide on an
ongoing basis. He suggested establishment of a contact list of all
prosecutors worldwide, as well as a training manual for prosecutors.
Mr. SANSOM reacted by saying that the 24/7 contact network was restricted
to computer crime and law enforcement agencies that already had a capacity
and resources to deal with computer-related crimes. There was, indeed, room
for other contact networks, such as for prosecutors.
Ms. HUBBARD (United States ) said that, regarding a training manual for
prosecutors, some resources were available within the Computer Crime and
Intellectual Property Section of the United States Department of Justice.
She did not now know of any centralized database on available training, but
there was an informal network of prosecutors that was involved in training.
Mr. GRABOSKY drew attention to the fact that, at the regional level,
organizations of prosecutors existed. Those bodies could provide a platform
for training.
Mr. McCULLOCH said that Interpol had introduced a communication system
called I-24/7, a virtual private network that was totally secure. Interpol
bureaus in each country could pass out the tools to law enforcement
agencies to get instant access to information in Interpol databases.
BRAHIM BOUABID (Morocco ) said his country had been formulating legislation
on computer-related crimes for two years. It had implemented a law on
data-processing and against terrorism related to computer use. There were,
however, problems of implementation and of the presentation of evidence. He
asked how evidence should be handled and how to get technical assistance to
judges and lawyers. Could the United Nations come up with a manual for
judges, lawyers and prosecutors, maybe geared to specific types of judicial
systems?
Ms. HUBBARD (United States ) said there were several organizations
providing technical assistance to prosecutors and judges. Her own
organization had provided technical assistance to Nigeria on a bilateral
basis. The Council of Europe had also been involved in some outreach
programmes.
Mr. SANSOM said that a number of model laws had been developed, among them
one for the Commonwealth. The G-8 had also undertaken model law
initiatives, one regarding the collection of evidence.
Mr. VIDON (France ) said his country had reviewed its own body of law
regarding protection of computer systems and techniques necessary to combat
crime. He invited the delegate of Morocco to get in touch with the French
Ministry of Justice for information.
EHAB ELSONBATY, an individual expert, said pornography was a sensitive
issue. How far could one cooperate with countries that criminalized
pornographic websites? he asked. He suggested that not only saving child
pornography images should be a crime, but also navigating to find child
pornography should be a crime.
Mr. McCULLOCH said that, regarding adult pornography, Interpol did nothing
unless asked for action. Resources were focused on children who were
sexually abused. Different countries had gone to different degrees when
writing their legislation. There were countries that had gone as far to say
that viewing child pornography was legal, but that storing it was a
criminal offence.
Mr. SANSOM noted that, regarding legal challenges, in cases where
individuals sought not to store images on hard drives but evaded
prosecution by viewing images, Canada had changed the child pornography law
to address both supply and demand by adding two phrases into existing
provisions. "Accessing" would address the question of user demand and
"making available" would deal with streaming video sites.
Mr. GRABOSKY asked about images created digitally -- morphed images and not
actual living beings?
Mr. McCULLOCH said legislation in that regard was not uniform. Some had
addressed the issue, others had not. In some countries, one had to prove
the age of the child and prove that the child was real. Figures were
looking more and more real everyday.
Mr. DEBARA (Libya ) asked if the Latin principle could be used concerning
evidence in the field of cybercrime. Would criminal evidence need to be
re-examined in a more specific fashion? Regarding how one gathered
evidence, he said evidence was not always legitimate. Were there model
cases which would improve understanding about how to counter the problems?
HECTOR SOTO CANDIA (Chile ) said high-tech crime must be fought with
advanced technology.
HENNING WEGENER of the World Federation of Scientists said the focus today
had been primarily on individual victims. Were they missing the larger
threat of cybercrime to society? Cybercrime could be highly destabilizing.
He was speaking of critical infrastructure countries. In almost all
countries, those critical entities were in private hands, including air
traffic control, banking and energy. Today, the stabilizing features of
interwoven societies were managed and controlled by digital means. Cyberwar
was yet another issue.
Mr. GRABOSKY noted that private institutions with assets to protect were
well advised to protect them. Most invested in the protection of their own
assets quite substantially. In some cases it was a matter of good sense. In
other cases, market forces would move institutions to protect their assets.
Ms. HUBBARD (United States ) said that, from a State perspective, the
United Nations was doing significant work in the area of critical
infrastructure protection.
Mr. McCULLOCH explained that the responsibility of companies protecting
their assets was similar to individuals being responsible for protecting
their own property.
Summarizing the discussion, Mr. REDO, of UNODC, said seven key themes had
emerged. The first theme was the evolving nature and speed of
computer-related crimes and the array of offences that were encapsulated in
cybercrime. That had raised questions about monitoring and data collecting.
The second theme was that of the digital divide. Building of capacity had
been mentioned in that regard. A third area of concern was the issue of
technical assistance. What could be done? What was being done? What could
the United Nations and UNODC do? The critical issue of training was also
mentioned.
He said a fourth theme was international cooperation. As it had become
clear, speed was required in many cases. Although the 24/7 network was
mentioned, it had also been mentioned that it incorporated only States that
had the resources to use it. It had been asked how that mechanism could be
strengthened. A fifth theme was that of cooperation with the private
sectors. As a sixth theme, the harmonization of law was mentioned. Much of
that related to admissibility of evidence and gathering evidence in
cybercrime matters. The final theme was the question of victims, both
individual victims and collective victims such as societies, companies and
States that could be targeted by cybercrime, including terrorism.
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